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B.CSB  LigRAHY 


THE  FEDERAL  AND  STATE 

CONSTITUTIONS 

COLONIAL  CHARTERS,  AND  OTHER 
ORGANIC  LAWS 

OF  THE 

STATES,  TERRITORIES,  AND 
COLONIES 

NOW  OR  HERETOFORE  FORMING 

THE  UNITED  STATES  OF  AMERICA 


Compiled  and  Edited 
under  the  Act  of  Congress  of  June  30,  1906 

By 

FRANCIS  NEWTON  THORPE,  Ph.  D.,  LL.  D. 

Member  of  the  Pennsylvania  Bar;  Fellow  and  Professor  of  American  Constitu- 
tional History  at  the  University  of  Pennsylvania,  1885-1898;  Member  of 
the  American  Historical  Association;  Author  of  The  Constitutional  History 
of  the  United  States,  1765-1895;  A  (State)  Constitutional  History  of 
the  American  People,  1776-1850;  A  Short  Constitutional  History 
of  the  United  States;   A  (Social  and  Economic)  History  of  the 
American  People;  A  History  of  the  Civil  War;  Editor  of  the  His- 
tory of  North  America,  Volumes  IX,  XV,  XVI,  XVI 11,  XIX, 
XX;    Author  of  The  Government  of  the  People  of  the 
United  States;  Benjamin  Franklin  and  the  University 
of  Pennsylvania;  The  Life  of  William  Pepper,  etc. 


VOL.  I 

United  States — Alabama — District  of  Columbia 


WASHINGTON 

GOVERNMENT   PRINTING   OFFICE 

1909 


TABLE  OF  COlSTTEIsTTS 


[AN    ALPHABETICAL    INDEX    WILL    BE    FOUND   AT   THE   END  OP   THE   LAST    VOLUME.] 


Page. 

List  of  Authorities xv 

The  United  States  : 

The  Declaration  of  Independence — 1776 3 

Articles  of  Confederation — 1777 1 9 

Constitution  of  the  United  States — 1787 19 

Amendments  to  the  Constitution  of  1787 29 

Commissions,  charters,  and  plans  of  T^nion: 

Privileges  and  prerogatives  granted  to  Christopher  Columhus — 1492.-  39 

Bull  of  Pope  Alexander— 1493 41 

Letters  patent  to  John  Cahot — 149(5 4'),  40 

Letters  patent  to  Sir  Humfrey  Gylberte — 1578 49 

Charter  to  Sir  Walter  Raleigh— 1584 53 

Charter  of  the  Dutch  We.st  India  Company — 1(521 ^ 59 

Sir  Robert  Heath's  patent— 1629 69 

Nevr  England  articles  of  confederation — 1(543 77 

The  Albany  plan— 1754 aS 

Alabama  : 

Charter  of  Carolina— 1663 : 2753 

Proprietary  proposals,  North  Carolina — 1663 , 2743 

Charter  of  Carolina— 1665 2761 

Fundamental  constitutions,  Carolina — 1(569 2772 

Charter  of  Georgia— 1732 765 

Constitution  of  South  Carolina— 1776 3241 

Constitution  of  Georgia — 1777 777 

Constitution  of  South  Carolina— 1778 3248 

Constitution  of  Georgia — 1789 785 

Territory  south  of  the  Ohio— 1790 3413 

Territorial  government,  Mississippi — 1798 2025 

TeiTitorial  government,  Mississippi — 180(^ 2027 

Territorial  government,  Mississippi— 1808 2029 

Proclamation,  occupation  of  [Louisiana]  Territory — 1810 1375 

Territorial  government.  Alabama — 1817 89 

Treaty  with  Spain— 1819 649 

Enabling  act,  Alabama— 1819 92 

Resolution  for  admission  of  Alabama — 1819 95 

Constitution,  Alabama — 1819 9(5 

Constitution.  Alabama — 1865 116 

Constitution,  Alabama— 1867 132 

Constitution.  Alabama — 1875 153 

Constitution,  Alabama— 1901 . 182 

Alaska : 

Treaty  ceding  Alaska— 1867 235 

Civil  government  in  Alaska— 1884 238 

Civil  government  in  Alaska— 1900 243 

Arizona  : 

Treaty  with  Mexico— 1848 377 

Territorial  government  of  New  Mexico — 1850 2615 

Treaty  with  Mexico — 1853 255 

Territorial  government — 18(53 259 

Enabling  act— 1906  (see  Oklahoma) 2960 

III 


IV  Table  of  Contents 

Abkansas  :  Page. 

Treaty  with  Frante  ceding  Louisiana — 1803 1359 

Act  of  Congress  establishing  the  district  government  of  Louisiana — 

1804 1364 

Act  of  Congress  establishing  the  Territorial  government  of  Ix)ui8i- 

ana— 1805 1371 

Act   of   Congress   establishing   the   Territorial   government   of   Mis- 
souri—1812 2139 

Act   of   Congress   establishing    the   Territorial    government    of    Ar- 
kansas—1819 261 

Constitution  of  Arlvansjis— 183G 268 

Act  of  Congress  onal>l!ng  Arkansas  to  become  a  State — 1836 204 

Supplementary    act    of    Congress    enabling    Arkan»is    to    become    a 

State— 18.S6 , 2«<> 

Ordinance  of  acceptance  by  Arkansas — 1836 267 

Constitution  of  Arkansjis— 1864 288,4157 

Constitution  of  Arkansas— 1868 306 

Constitution  of  Arkansas— 1874 333 

Cam  ►■OHM  A : 

Treaty  with  Mexico  ceding  California— 1848 377 

Constitution  of  California— 1H49 391 

Act  for  admission  of  California— ISTiO 390 

Constitution  of  California— 1S79 412 

Chartkks  and  Commissions    {svc  Commissions,  Charters,  and  Plans  of 

Union— 1492-1754) 39-86 

See  also  Charters  under  resi>ective  States. 

COLOBADO : 

Treaty  with  France  ceding  I^ulsiana — 1803 1359 

Organic  acts.  Mexico-Texas— 1824-1845 3475-3547 

Oovernment  of  the  Indian  country — 18134 1097 

Convention  iM'tween  the  Unitetl  States  and  Texas — 1838 3543 

Treaty  with  Mexico  ceding  Texas— 1848 377 

Territorv  of  Mexico— 1850 2615 

Territory  of  Utah— 1850 ^ 3687 

Territories.  Kansas  and  Nebraska — 1854 1161 

Act  of  Congress  establishing  the  Territorial  government  of  Colorado — 

1861 463 

Act  of  Congress  enabling  Colorado  to  l>e<*on)e  a  State — 1875 470 

Pr<K*lamatlon  announcing  the  admission  of  Colorado — 1876 473 

Constitution  of  Colorado — 1876 , 474 

Connecticut: 

Virginia   charter— 160<j 'M^\ 

Council  for  New  Kngland — 1620 1827 

F'undamental  orders  of  Connecticut — 16.38-39 .^»10 

Commission  to  Andros — 1688 1863 

Finidamental    agreement  or  original   constitution  of  the  Colony  of 

New  Haven.  .Tune  4.  1»W0 .' .'i2:{ 

(Jovernment  of   New   Haven  Colony — 1643 '. .126 

Charter  of  C<mne<'ticut — m62 529 

Constitution  of  Connecticut — 1818 536 

Dklawark  : 

Virginia   charter — 16(k; :i78:j 

Dutch  West  India  Company's  patent — 1621 .59 

.Maryland   charter — l»5.*i2 1G69 

(Jrant  to  Duke  of  York— 1664 ' 1637 

Grant  to  Duke  of  York — 1674 1641 

Grant  to  William  Penu— 1681 3044 

Frames  of  government.  Pennsylvania — 1682,  1683,  1096 3052,3064.3070 

Charter  of  Delaware — 1701 557 

Constitution  of  Delaware — 1776 562 

Constitution  of  Delaware — 1792 .568 

Constitution  of  I>elaware — 1831 .182 

Constitution  of  Delaware — 1897 HOO 

District  of  Columbia  : 

Act  tixlng  the  seat  of  government — 1790 637 

Government  of  the  District  of  Columbia — 1801 638 

Permanent  government  for  District  of  Columbia — 1878 641 


Table  of  Contents 


Florida  :  Page. 

Prerogatives  granted  to  Christopher  Columbus — 1492 39 

Bull  of  Pope  Alexander  conceding  America  to  Spain — 1493 41 

Treaty  with  Spain  fixing  boundaries — 1795 (»49 

Treaty  with  Spain  ceding  Florida— 1819 049 

Temporary  government  of  Florida — 1819 050 

Act  of  Congress  establishing  the  Territorial  government  of  Florida — 

1822 057 

Constitution  of  Florida— 1838 064 

Act  of  Congress  enabling  Florida  to  become  a  State — 1845 662 

Constitution  of  Florida — 1805 685 

Constitution  of  Florida— 1808 704 

Constitution  of  Florida— 1885 732 

Georgia  : 

Charter  of  Virginia— 1006 3783 

Charter  of  Carolina— 1003 2743 

Proprietary    proposals — 1003 2753 

Charter  of  Carolina— 1005 2761 

Fundamental  constitutions,  Carolina — 1009 2772 

Charter  of  Georgia— 1732 765 

Constitution   of   Georgia— 1777 777 

Constitution  of  Georgia — 1789 785 

Constitution  of  Georgia— 1798 791 

Constitution  of  Georgia— 1805 809 

Constitution  of  Georgia— 1868 822 

Constitution  of  Georgia— 1877 842 

Guam    (see  Philippines) 877 

Hawaii  : 

Joint  resolution  for  annexation  of  Hawaiian  Islands — 1898 879 

Territorial  government  of  Hawaii — 1900 881 

Idaho  : 

Convention  with  Great  Britain— 1818 2983 

Convention  with  Russia — 1824 2983 

Treaty  with  Great  Britain— 1840 2985 

Territorial   government,   Oregon — 1848 2980 

Territorial  government,  Washington — 1853 3963 

Temporary  government,   Idaho — 1803 905 

Temporary  government,   Idaho — 1804 912 

Act  for  admission  of  Idaho— 1890 913 

Constitution  of  Idaho— 1889 918 

Illinois : 

Act  of  cession  by  Virginia — 1783 955 

Deed  of  cession  from  Virginia — 1784 957 

Act  of  Congress  establishing  the  Northwest  Territorial  government — 

1787 957 

Act  of  ratification  by  Virginia— 1788 903 

Supplementary   act   of   Congress   establishing  the   Northwest   Terri- 
tory—1789 903 

Act  of  Congress  dividing  the  Northwest  Territorial  government — 1800-  904 
Act  of  Congress  establishing  the  Territorial  government  of  Illinois — 

1809 966 

Act  of  Congress  enabling  Illinois  to  become  a  State — 1818 967 

Ordinance  by  Illinois  accepting  the  enabling  act — 1818 970 

Resolution  of  Congress — 1818 971 

Constitution  of  Illinois— 1818 ^ 972 

Resolution  of  Congress  declaring  the  admission  of  Illinois — 1818 985 

Constitution  of  Illinois— 1848 985 

Constitution  of  Illinois— 1870 1013 

Indiana  : 

Act  of  cession  by  Virginia — 1783 955 

Deed  of  cession  from  Virginia — 1784 957 

Act  of  Congress  establishing  the  Northwest  Territorial  government — 

1787 957 

Act  of  ratification  by  Virginia — 1788 963 

Supplementary   act   of  Congress   establishing  the   Northwest   Terri- 
tory—1789 963 

Actof  Congress  dividing  the  Northwest  Territorial  government — 1800.  964 


Vt  Tahie  of  Contents 

Indiana — rontlnued.  Page. 
Act  of  ('ontcress  establisliing  the  Territorial  goveruiueDt  of  Indiaiui — 

1809 9tH\ 

Supplementary  act  of  Congress  establishing  the  Territory  of  Indi- 
ana—1814 lOKJ 

Act  of  ('ongress  enal»ling  Indiana  to  become  a  State — 181(5 l(>r>:? 

Ordinance  by  Indiana  accepting  the  enabling  act — 1816 105<; 

Constitution  of  Indiana— 1816 1057 

Resolution  of  Congress  declaring  the  admission  of  Indiana — 1816 1057 

Constitution  of  Indiana— 1851 1073 

Indian  Tkrritoby  : 

Treaty  c-eding  Ix)ui8iana— 1803 1359 

District  of  Ix)Uisiana— 1804 1364 

Territory  of  I^nisiana — 1805 1371 

Territory  (»f  Missouri— 1812 2139 

Territory  of  Arlcansas- 1819 261 

Act  for  government  of  the  Indian  country — 1834 1097 

Court  in  Indian  Territory— 1889 1104 

Enabling  act  for  Oklahoma  and  Indian  Territory— 1906 2960 

Iowa: 

Treaty  with  France  ceding  Louisiana — 1803 1359 

Act  of  Congress  establishing  the  district  government  of  Louisiana — 

1804 1364 

Act  of  Congress  establishing  the  Territorial  government  of  Ix>ulsi- 

ana— 1805 1371 

Act  of  Congress  establishing  the  Territorial  government  of  Missouri — 

1812 2139 

Act  of  Congress  establishing  the  Territorial  government  of  Michl- 

gan— 1834 1111 

Territorial  government  of  Wisconsin — 1830 4065 

Act  of  Congress  establishing  the  Territorial  government  of  Iowa — 

18:« nil 

Act  of  Congress  enabling  Iowa  to  become  a  State — 1845 662,1 118 

Supplementary  enabling  act  for  Iowa — 1845 1118 

Act  of  Congress  defining  the  boundaries  of  Iowa — 1846 1121 

Constitution  of  Iowa— 1846 1123 

Act  of  Congress  declaring  the  admission  of  Iowa — 1840 '_  1122 

Constitution  of  Iowa— 1&57 1136 

Kansas  : 

Treaty  with  France  ceding  I»uisiana — 1803 1359 

Act  of  Congress  establishing  the  district  government  of  Ix)uislana — 

1804 1364 

Act  of  Congress   establishing  the  Territorial   government  of   Loui- 
siana—1805  - 1371 

Act  of  Congress  establishing  the  Territorial  government  of  Missouri — 

1812 2139 

Treaty  with  Spain— 1819 649 

Act  for  government  of  Indian  countrj' — 1834 1097 

Resolution  admitting  Texas — 1845 3544 

Treaty  with  Spain  c-eding  California — 1848 377 

Act  of  Congress  establishing  the  Territorial  government  rf  Kansas — 

1854  1161 

Act  for  the  admission  «»f  Kansas — 18<J1 1176 

Constitution  of  Kansas — 1855 1179 

Constitution  of  Kansas — 1857 1201 

Constltuti«m  of  Kansas — 1858 i 1221 

Constitution  of  Kansas — 1859 1241.4157 

KENTrCKY  : 

The  thrw  charters  of  Virginia— 1<50<;.  HJO!),  1611-12 378:i,  3810-3812 

Constitution  of  Virginia — 1776 :}812 

Act  of  Congress  establishing  the  Territorial  government  south  of  the 

Ohio— 1790    1263 

Act  of  Congress  declaring  the  admission  of  Kentucky — 1791 1204 

Constitution  of  Kentucky— 1792 1264 

Constitution  of  Kentucky— 1799 1277 

Constitution  of  Kentucky— 1850 1292 

Constitution  of  Kentucky— 1890 1316 


Table  of  Contents  vii 


Louisiana  :  Page- 
Treaty  with  France  ceding  I^uisiaua — 1803 1359 

Convention  between  the  United   States  and  the  French  Republic — 

1803 1302 

Act  of  Congress  for  taking  possession  of  Louisiana — 1803 1364 

Act  of  Congress  establishing  the  district  government  of  Louisiana — 

1804  -• 1364 

Act  of  Congress  establishing  the  Territorial  government  of  Orleans — 

1805 1371 

Act  of  Congress  establishing  the  Territorial   government  of   Loui- 
siana—1805   1373 

Proclamation   respecting  taking  possession   of  part  of   liouisiana — 

1810 1375 

Act  of  Congress  enabling  Louisiana  to  become  a  State— 1811 1376 

Act  of  Congress  declaring  the  admission  of  Louisiana — 1812 1378 

Constitution  of  Louisiana— 1812 1380 

Act  of  Congress  enlarging  the  limits  of  Ix>uisiana — 1812 1380 

Constitution  of  Louisiana — 1845 1392 

Constitution  of  Louisiana — 1852 1411 

Constitution  of  Louisiana — 1804 1429 

Constitution  of  Louisiana — 1808 1449 

Constitution  of  Louisiana — 1879 1471 

Maine  : 

The  charter  of  Acadia— 1603 l 1619 

The  first  charter  of  Virginia— 1600 3783 

Charter  to  Council  of  New  England— 1620 1827 

Charter,  Massachusetts  Bay— 1629 1846 

Commissionof  Andros — 1688 1863 

Grant  of  Province  of  Maine  to  Gorges  and  Mason — 1622___ 1621 

Royal  grant  of  the  Province  of  Maine— 1630 1625 

Royal  grant  of  the  Province  of  Maine — 1664 1637 

Royal  grant  of  the  Province  of  Maine — 1674 1641 

The  second  charter  of  Massachusetts  Bay — 1691 1870 

Explanatory  charter,  Massachusetts — 1725 1886 

Constitution,  Massachusetts — 1780 1888 

The  constitution  of  Maine— 1819 1(J46,4159 

Cession  of  Maine  by  the  State  of  Massachusetts- 1820 1644 

Act  of  Congress  declaring  the  admission  of  Maine — 1820 1645 

Maryland  : 

Virginia  charter— 1606 3783 

Virginia  charter — 1609 3790 

Virginia  charter— 1612 3802 

Ordinances  of  Virginia— 1621 3810 

Charter,  Dutch  West  India  Company — 1621 59 

The  charter  of  Maryland— 1632 1669 

[Translation,  1677.1 

Charter  to  Penn— 1681 3035 

Constitution  of  Maryland— 1776 1686 

Constitution  of  Maryland— 1851 1712 

Constitution  of  Maryland— 1864 1741 

Constitution  of  Maryland— 1867___i 1779 

Massachusetts: 

The  first  charter  of  Virginia— 1606 3783 

The  charter  of  New  England— 1620 1827 

Agreement  between  the  settlers  at  New  Plymouth — 1620 1841 

Charter  of  Plymouth  to  William  Bradford  and  his  associates — 1629_-  1841 

The  charter  of  Massachusetts  Bay— 162!) 1846 

Act   of   surrender   of   the    great    charter    of    New    England    to    His 

Majesty— 1635 1800 

Bradford's  surrender  of  his  patent  of  Plymouth  to  the  Freemen — 1640  1861 

Commission  of  Sir  Edmund  Andros— 1688 1863 

The  charter  of  Massachusetts  Bay — 1691 1870 

Explanatory  charter  of  Massachusetts  Bay — 1725 188(» 

Constitution   of   Massachusetts— 1780 1888 

Michigan  : 

Act  of  cession  by  Virginia — -1783 955 

Deed  of  cession  from  Virginia — 1784 957 


\  1 1 1  Tnhle  of  ContetiL'i 

MiiuiuAN — ('ontlnutHl.  v&«o. 
Act  of  ('oiiKrpKs  estnhlishiii);  the  Northwest  Territorial  goveruoient — 

1787 !)o7 

Act  of  ratification  by  Virginia— 1788 • 963 

Act  of  Congress  establishing  the  Northwest  Territorial  government — 

1789 ^ 968 

Act  of  Congress  dividing  the  Northwest  Territorial  government — 1800  964 

Enal)ling  act.  Iliinois— 1818 967 

Act  of  Congress  estalilishing  tiie  Territorial  government  of  Michigan — 

ISO.-. 1925 

Extension  of  Mlcliigan  Territory— 18:14 1111 

Constitution  of  Michigan— 18:}5 1930 

Act  of  Congress  enal>liiig  Michigan  to  l>econie  a  State — 1836 1926 

Supplementary  act  for  the  admission  of  Michigan— 1836 1928 

Act  of  Congress  for  the  admission  of  Michigan — 18;{7-_- 192!) 

Constitution  of  Michigan— 1850 1944.4204 

MiNNKSOTA  : 

Act  of  cession  l>y  Virginia— 178:^ 955 

Virginia  <lccd  of  cession — 1784 957 

Act  of  Congress  estal)lishing  the  Northwest  Territory — 1787 957 

Virginia  act  of  ratification— 1788 963 

Northwest  Territorial  government — 1789 96;i 

Act  of  Congress  establishing  the  Territorial  government  of  Indiana — 

18(X> 964 

Treaty  witli  France  ceding  Louisiana — 18(K^ 1359 

Act  of  Congress  establisliing  tlie  Territorial  government  of  Michigan — 

1805 ^ 1925 

District  of  Louisiana— 1804 1 1364 

Territory   of   Louisiana — 1805 1371 

Act  of  Congress  establishing  the  Territorial  government  of  Illinois — 

1809 96<5 

Act  of  Congress  establishing  the  Territorial  government  of  Missouri — 

1812 2139 

Enabling  act.  Illinois— 1818 967 

Extension  of  Michigan  Territory — 1834 1111 

Act  of  Congress  establishing  the  Territorial  government  of  Wlscon- 

sin— 18'?6 4065 

Act  of  Congress  establishing  the  Territorial  government  of  Iowa — 

1838 nil 

Act  of  Congress  establishing  the  Territorial  government  of  Minne- 
sota—1849 1981 

Act  of  Congress  enabling  Minnesota  to  become  a  State — 1857 1988 

Constitution  of  Miniu^sota — 1857 1991 

Act  of  Congress  for  the  admission  of  Minnesota — 1858 1990 

Mississippi  : 

Proprietary  charter  of  Carolina — 1063 2743 

Projirietary  projw.sals,  North  Carolina — 1663 2753 

Proprietary  charter.  Carolina — 1665 275(> 

Kundnnicntal  constitutions.  Carolina — 1669 2772 

Proprietary  diartcr  of  (ieorgia — 1732 l 7(»5 

Constitution.  South  Carolina — 1776 .■i241 

Constitution.  (Jeorgia^ — 1777 777 

Constitution.  South  Carolina — 1778 3248 

Constitution.  (;<H)rgia — 178!)  785 

Territory  south  of  Ohio  River— 1790 340!) 

Act  of  Congress  establisliing  the  Territorial  government  of  Missls- 

slppi— 1798 2025 

Act  of  Congress  establishing  the  Territorial  government  of  Mlssls- 

slppl— 1800 2027 

Act  of  Congress  extending  the  right  of  sufTraige  in  the  Territory  of 

Mississippi— 1808 2029 

Pro<'laniation,  m-cupatlon  of  Territory — 1810 1375 

Act  of  Congress  cnai)ling  Mississippi  to  liecome  a  State — 1817 2029 

Act  of  Congress  for  the  admission  of  Mississippi — 1817 2032 

Constitution  of  Mississippi — 1817 2032 

Constitution  of  Mississippi— 1832.  204!) 

Constitution  of  Mississippi— 1868  1»06!) 

Constitution  of  Mlssl.Hslppl— 1S!k»  2090 


Table  of  Contents  ix 


Missouri  :  Page- 
Treaty  with  France  ceding:  Louisiana — 1803 1359 

Act  of  Congress  establishing  tiie  district  government  of  Louisiana — 

1804  1364 

Act   of   Congress   establishing   the   Territorial    government   of    Lou- 
isiana—1805    1371 

Act  of  Congress  establishing  the  Territorial  government  of  Missouri — 

1812  2139 

Act  of  Congress  amending  the  act  establishing  the  Territorial  govern- 
ment of  Missouri — 1816 2144 

Act  of  Congress  enabling  Missouri  to  become  a  State — 1820 2145 

Constitution  of  Missouri— 1820 2150 

Resolution  for  the  admission  of  Missouri — 1821 2148 

Proclamation  admitting  Missouri — 1821 2149 

Ordinances  of  the  convention  of  Missouri — 1861-1863 2174 

Constitution  of  Missouri — 1865 2191 

Constitution  of  Missouri — 1875_ 2229 

Montana : 

Treaty  ceding  Louisiana — 1803 1359 

District  of  Louisiana— 1804 1364 

Territory  of  Missouri— 1812 2139 

Convention  with  Great  Britain— 1818 2983 

Convention  with  Russia— 1824 2983 

Act  for  the  government  of  the  Indian  country — 1834 1097 

Territory  of  Oregon— 1848 2986 

Territory  of  Washington— 1853 3963 

Territory  of  Nebraslva— 1854 1161 

Territory  of  Idaho— 1868 905 

Temporary  government,  Territory  of  Montana — 1864 2281 

Enabling  act  for  Montana— 1889 2289 

Proclamation  announcing  admission  of  Montana — 1889 2299 

Constitution  of  Montana— 1889 2300 

Nebraska  : 

Treaty  with  France  ceding  Louisiana — 1803 1 1359 

Act  of  Congress  establishing  the  district  government  of  Louisiana^ — 

1804 1364 

Act  of  Congress  establishing  the  Territorial  government  of  Louisi- 
ana—1805 1371 

Act  of  Congress  establishing  the  Territorial  government  of  Missouri — 

3812 2139 

Act  of  Congress  enabling  Missouri  to  become  a  State — 1820 2145 

Act  for  government  of  Indian  country—  1834 1097 

Treaty  of  Guadalupe-Hidalgo  with  Spain — 1848 377 

Act  of  Congress  establishing  the  Territorial  g:)vernment  of  NebrasivU 

and  Kansas— 1854 1161 

Act  of  Congress  enabling  Nebraska  to  become  a  State — 1864 2343 

Constitution  of  Nebraska— 1866-67 2349 

Act  of  Congress  for  the  admission  of  Nebraska — 18<i7 2346 

Proclamation  announcing  the  admission  cf  Nebraska— 1867 2347 

Constitution  of  Nebraska — 1875 2361 

Nevada : 

Treaty  of  Guadalupe-Hidalgo  with  Spain — 1848^ 377 

Act  of  Congress  establishing  the  Territorial  government  of  Utah — 

1850 3<J87 

Act  of  Congress  establishing  the  Territorial  government  of  Nevada — 

1861 2391 

Act  of  Congress  enabling  Nevada  to  become  a  State — 1864 2397 

Proclamation  announcing  the  admission  of  Nevada — 1864 2400 

Constitution  of  Nevada— 1864 2401 

New  Hampshire  : 

Virginia  charter— 1606 3783 

Council  for  New  England— 1020 1827 

Grant  of  New  Hampshire  to  Mason — 1629 2433 

Charter  of  Massachusetts  Bay — 1629 i 1846 

Grant  of  New  Hampshire  to  Wollaston— 1635 .  2437 

Grant  from  Wollaston  to  Mason— 1635 2439 

Grant  to  Mason  [Masonia]— 1635 2441 


Tdlfle  of  CmUenLs 


New  Hampshire — rontiiuiotl.  Page. 

(inuit  to  Musoii  [New  Hampshire  1 — 1(535 2443 

Agreement  of  settlers  at  Exeter — Ui39 2445 

riscataqua  U her  government — 1(541 2445 

Commission  of  Jobu  Ciitt— 1G80 2440 

Connuission  to  Audrtw — l(j88 18(8 

Constitution  of  New  Hampshire — 177(J 2451 

Constitution  of  New  Ilanipsliirt^— 1784 2453 

Constitution  of  New  Hampshire — 1792 2471 

Amended  coustitutiou  of  1792  [19(X}] 2491 

Bibliographical  outline : 2513 

New  Jersey  : 

Virginia   charter— 160G 3783 

Council  for  New  England — 1(>20 1827 

Dutch  West  India  Company — 1(521 59 

Grant  to  the  Duke  of  York— 1(5(54 1 1637 

Duke  of  York's  release  to  Lord  Berkeley  and  Sir  George  Carteret — 

1(>(54 2533 

Concession  and  agreement  [Nova  Csesarea] — 1(5(J4 2535 

Dec-laration  of  the  lords  proprietors — 1G72 2544 

Grant  to  the  Duke  of  York— 1G74 1(541 

Duke  of  York's  grant  to  Cai'teret — 1674 254(5 

Charter,  or  fundamental  laws,  West  New  Jersey — 1()7() .  -  2548 

Duke  of  York's  second  grant  to  Penn  and  others — 1680 25(50 

Province  of  West  New  Jersey — 1681 25(>5 

Duke  of  York's  confirmation  to  the  proprietors — 1682 2.567 

Fundamental  constitutions,  East  New  Jersey — 1683 2574 

The  Queen's  acceptance  of  the  surrender  of  government — 1702 2584 

Surrender  of  the  Jerseys  bv  the  proprietors — 1702 2585 

Charles  II's  grant  of  New  England  to  the  Duke  of  York— 1672-1 71 2__  2590 

Constitution  of  New  Jersey — 1776 2594 

Constitution  of  New  Jersey— 1844 2599,418(5 

New  Mexico  : 

Mexican    constitution — 1824 3475 

Constitution  of  Coahuila  and  Texas — 1827 1 3495 

Constitution  of  Texas— 18.35 .3.'520 

Texas  declaration  of  indei^endence — 1836 .3520 

Ordinances  of  Texas— 1836 ^_--  .^5.30 

Annexation  of  Texas— 1845 .3.544 

Admission  of  Texas — 184.5 .'J.546 

Territorial  government  of  New  Mexico — 18.50 2(515 

Mexican  treaty  of  c*ession — 18.53 255 

Enabling  act  for  New  Mexico  and  Arizon.-i — 190(; 2960 

New  York  : 

Virginia   charter— 1606 378.3 

Council  for  New  England— 1620 1827 

Dutch  West  India  Company's  patent — 1621 59 

Charter  of  Massachusetts  Bay— 1629 184(5 

Charter  of  Connecticut— 16(52 529 

Hoval  grant  to  the  Duke  of  York — 16(54 16:J7 

Royal  grant  to  the  Dulie  of  York— 1674___       1641 

Charter  of  IVnnsylvania— 1(581 .3035 

Commission  of  orders — 1(588 18(5.3 

C«>nstitution  of  New  York — 1777 2(523 

Constitution  of  New  York — 1821 2C>;«» 

Constitution  of  New  York — 184(5 2t55:> 

Constitution  of  New  York — 1894 l.'(;!t4 

NoKTii  Carolina  : 

Charter  to  Sir  Walter  Raleigh— 1584 53 

Charter  of  Virginia— 1(KW5 .3783 

Charter  of  Virginia— 1(50!) .3790 

Charter  of  Virginia— 1612 •-. .'5802 

Ordinances  for  Virginia— 1021 :.  .3810 

Charter  of  Carolina— 1(56:^ 2743 

Charter  of  Carolina — 1665 275(5 

The  fundamental  constitutions  of  North  Carolina — 1660 2772 

The  Mecklenbnrgb  resolutions — 1775 2780 


Table  of  Contents  XI 

North  Carolina — Continuetl.  Page. 

Constitution  of  North  Carolina — 177(! ^^ 2787 

Ordinance  of  tlie  convention  of  Nortli  C'arolina — 18(>5 2799 

Constitution  of  North  Carolina— 18(58 2800 

Constitution  of  North  Carolina — 1876 2822 

North  Dakota  : 

Treaty  ceding  Louisiana— 1803 1 1359 

District  of  Louisiana— 1804 1364 

Territory  of  Louisiana — 1805 1373 

Territory  of  Missouri— 1812 2139 

Act  extending  Michigan  Territory — 1834 1111 

Territory  of  Wisconsin— 1830 4065 

Territory  of  Iowa— 1838 1111 

Territory  of  Minnesota— 1849 1981 

Territory  of  Nebraska— 1854 1161 

Temporary  government  of  Dakota — 1861 2845 

Enabling  act,  North  Dakota— 1889 2281 

Proclamation,  admission  of  North  Daliota — 1889 2852 

Constitution  of  North  Dakota— 1889 2854 

Ohio: 

Act  of  cession  l>y  Virginia — 1783 955 

Deed  of  cession  from  Virginia — 1784 957 

Act  of  Congress  establishing  the  Northwest  Territorial  government — 

1787 957 

Act  of  ratification  by  Virginia — 1788 963 

Act  of  Congress  establishing  the  Northwest  Territorial  government— 

1789 963 

Act  of  Congress  dividing  the  Northwest  Territorial  government — 1800-  964 

Act  of  Congress  enabling  Ohio  to  become  a  State — 1802 2897 

Constitution  of  Ohio— 1802 2901 

Act  of  Congress  recognizing  the  State  of  Ohio— 1803 2900 

Constitution  of  Ohio— 1851 2913,4157,4158 

Oklahoma; 

Treaty  ceding  Louisiana — 1803 1359 

District  of  Louisiana- 1804 1364 

Territory  of  Louisiana — 1805 1373 

Territory  of  Missouri— 1812 2139 

Territory  of  Arkansas — 1819 201 

Florida  treaty— 1819 649 

Government  of  the  Indian  country — 1834 1097 

Organic  acts,  Mexico,  Texas— 1824-1845 3475-3569 

New  Mexico,  Texas — 1850 2615 

Territorial  government  for  Oklahoma— 1890 2939 

Enabling  act,  Oklahoma— 1906 2900 

Procliunatiou  admitting  Oklahoma 4269 

Constitution  of  Oklahoma— 1907 4271 

Oregon  : 

Convention  with  Great  Britain— 1818 2983 

Convention  with  Russia— 1824 298ii 

Treaty  with  Great  Britain— 1846 2985 

Act  of  Congress  establishing  the  Territorial  government  of  Oregon — 

1848 2986 

Constitution  of  Oregon— 1857 ^ 2998 

Act  of  Congress  for  the  admission  of  Oregim — 1859 __  2996 

Panama  Canal  Zone  : 

Act  for  construction  of  Isthmian  Canal— 1902 3021 

Isthmian  Canal   convention— 1903 3024 

Pennsylvania  : 

Charter  of  Virginia— 1606 3783 

Council  of  New  England— 1620 1 . 1827 

Dutch  West  India  Company— 1621 59 

Charter  of  Maryland— 1632 , 1669 

Charter  of  Connecticut— 1662 529 

Grant  to  Duke  of  York— 1664 1637 

Grant  to  Duke  of  York— 1674 1641 

Charter  for  the  province  of  Pennsylvania — 1861 l  3035 

Concessions  to  the  province  of  Pennsylvania — 1681 3044 


xir  Table  of  Contents 

Pknns-vxvania — Continued.  Page. 

Penn's  charter  of  liberties — 1682 3047 

Frame  of  government  of  Pennsylvania — Ui82 : __  3052 

Frame  of  government  of  Pennsylvania — 1(*>H3 3064 

Frame  of  government  of  Pennsylvania — KMMJ 3070 

Charter  of  privileges  for  Pennsylvania — 1701 3076 

Constitution  of  Pennsylvania — 1776 3081 

Constitution  of   Pennsylvania — 1790 3092 

Constitution  of  Pennsylvania— 1&38 3104 

Constitution  of  Pennsylvania — 1873 3121 

Philippine  Islands,  The: 

Treaty  with  Spain— 1898 3153 

Philippine  Commission,  the — 1900 _: 3158 

Extension  of  powers  of  the  Philippine  Connnlssion — 1001 3165 

Civil  government  of  the  Philippines — 1!K>2 316<i 

Plans  of  Union  : 

New  England  confederation — 1«>43_-                                   77 

Albany    plan — 1754 S;{ 

Articles  of  confederation — 1777 9 

Constitution  of  the  United  States— 1787 19 

PoRTO  Rico: 

Treaty  of  cession— 1898 3153 

Civil  government  of  Porto  Rico— 1900 3191 

Temiwrary  provision  for  civil    affairs  of — 1900 3202 

Rhode  Island: 

Charter  of  Virginia— 1606 ,3783 

Council  for  New  England — 1620 1827 

Commission  of  Andros — 1688 1863 

Agreement  at  Providence — 1640 3205 

Government  of  Rhode  Island— 1641 3207 

Patent  for  Providence  Plantations— 1643 .3209 

Charter  of  Rhode  Island  and  Providence  Plantations — 1663 .3211 

Constitution  of  Rhode  Island— 1842 .3222 

Samoa  (see  Tutulla) .3675 

Solth  Carolina  : 

Charter  to  Raleigh— 1.584 53 

Charter  of  Virginia— 160() 3783 

Charter  of  Virginia— 1609 z : i  _.  3790- 

Charter  of  Virginia— 1612 .3802 

Ordinances  for  Virginia— 1621 .3810 

Charter  of  Carolina— 1663 - 2743 

Charter  of  Carolina — 1665 2756 

Constitution  of  South  Carolina— 177(5 3241 

Constitution  of  South  Carolina— 1778 3248 

Constitution  of  South  Carolina— 1790 .3258 

Constitution  of  South  Carolina— 1865 ^_-  3269 

Constitution  of  South  Carolina— 18(J8 3281 

Constitution  of  South  Carolina— 1895 ^307 

South  Dakota  : 

Treatv  ceding  Louisiana— 1803 1359 

District  of  Ix)uisiana— 1804 13(54 

Territory  of  Louisiana — 1805 1373 

Territory  of  Missouri— 1812 21.39 

Act  extending  Michigan  Territory — 1834 1111 

Territorv  of  Wisconsin — 18.3<! 4(Hr> 

Territory  of  Iowa— 18:{8 1111 

Territorj-  of  Nebraska— 1854 1161 

Enabling  act  for  South  I)ak(.ta— 1889 2289 

Proclamation  of  admission  of  South  Dakota — 1889 3.355 

Constitution  of  South  Daliota--1889 liHiil 

Virginia   charter— 1609 3790 

Virginia   charter— 1612 .3802 

Ordinances  for  Virginia- 1621 .3810 

Proprietary  charter  of  Carolina — 1663 2743 

Proprietary   proiKJsals— l(i<;3 27.53 

Fundamental  constitutions  of  Carolina — 1669 ■ 2772 

Constitution  of  North  Carolina— 1770 2787 


Table  of  Contents  xiii 

Tennessee  :  Page. 

Act  of  Congress  accepting  the  cession  of  Tennessee — 1790 3409 

Act  of  Congress  establishing  the  Territorial  government  south  of  the 

Ohio— 1790 3413 

Act  admitting  Tennessee — 1796 3414 

Constitution  of  Tennessee — 1796 3414 

Constitution  of  Tennessee — 1834 3426 

Constitution  of  Tennessee— 1870 3448 

Texas  : 

Spanish  claim  of  dominion  in  America — 1492-93  (Papal  Bull) 41 

Constitution  of  the  Republic  of  Mexico — 1824 3475 

Constitution  of  Coahuila  and  Texas — 1827 3495 

Provisional  constitution  of  Texas— 1835 3520 

Declaration  of  Texan  independence — 1836 3528 

Executive  ordinance  of  Texas— 1836 3530 

Constitution  of  the  Republic  of  Texas— 1836 3532 

Convention  between  the  United  States  and  Texas — 1838 3543 

Consent  of  Texas  to  annexation — 1845 3540 

Constitution  of  Texas— 1845 3547 

Joint  resolution  of  Congress  admitting  Texas  into  the  Union — 1845__  3568 

Treaty  of  Guadalupe-Hidalgo  wMth  Mexico — 1848 377 

Constitution  of  Texas— 1866 3569 

Constitution  of  Texas— 1868 3591 

Constitution  of  Texas— 1876 3621 

TuTuiLA  (Samoa)  : 

General  act  for  the  Samoan  Islands — 1889 3675 

Convention  for  the  partition  of  Samoa — 1899 3685 

Utah  : 

Organic  acts  for  Mexico  and  Texas — 1824-1845 3475-3547 

Treaty  of  Guadalupe-Hidalgo — 1848 - 377 

Territory  of  Utah— 1850 3687 

Enabling  act  for  Utah— 1894 3693 

Proclamation  of  admission  of  Utah — 1896 3699 

Constitution  of  Utah— 1895 3700 

Vermont  : 

Constitution  of  Vermont — 1777 3737 

Constitution  of  Vermont — 1786 3749 

Act  of  Congress  for  the  admission  of  Vermont  into  the  Union — 1791—  3761 

Constitution  of  Vermont— 1793 3762 

Historical  note 3778 

Virginia : 

Grant  to  Sir  Walter  Raleigh— 1584- 53 

The  first  charter  of  Virginia— 1606 3783 

The  second  charter  of  Virginia — 1609 3790 

The  third  charter  of  Virginia— 1611-12 3802 

Ordinances   for  Virginia— 1621 3810 

Declaration  of  rights  by  Virginia — 1776 3812 

Constitution  of  Virginia— 1776 3812 

Constitution  of  AMrginia— 1830 3819 

Constitution  of  Virginia— 1850 3829 

Constitution  of  Virginia— 1864 3852 

Constitution  of  Virginia — 1870 3871 

Constitution  of  Virginia — 1902 3904 

Washington  : 

Conventibn  with  Great  Britain— 1818 2983 

Convention  with  Russia— 1824 2983 

Territorial  government  of  Oregon — 1848 2986 

Territorial  government  of  Washington — 1853 3963 

Enabling  act  for  Washington— 1889 2289 

Proclamation  of  admission  of  Washington — 1889 3971 

Constitution  of  Washington— 1889 3973 

West  Virginia  : 

Charter  to  Raleigh — 1584 53 

Charter  of   Virginia— 1609 1 3790 

Charter  of  Virginia— 1612 38Q2 

Ordinances  of  Virginia— 1621 3810 

Constitution  of  Virginia— 1776 3812 


XIV  Table  of  Contents 

West  Virginia — Continued.  Page. 

Constitution  of  Virginia— 1830 3819 

Constitution  of  Virginia— 1850 3829 

Constitution  of  West  Virginia- 1861-1863 4013 

Act  of  Congress  for  the  admission  of  West  Virginia — 1862 4011 

Proclamation  of  admission  of  West  Virginia — 18«W 4012 

Joint  resolution  transferring  territory  to  West  Virginia — 1866 4013 

Constitution  of  West  Virginia— 1872 4033,4235 

Wl8CX)NSIN  : 

Act  of  cession  by  Virginia — 178.3 955 

Deed  of  cession  from  Virginia — 1784 957 

Act  of  Congress  establishing  the  Northwest  Territorial  government — 

1787 957 

Act  of  ratification  by  Virginia— 1788 963 

Act  of  Congress  establishing  tlie  Northwest  Territorial  government — 

1789 963 

Act  of  Congress  establishing  the  Territorial  government  of  Indiana — 

1800-1809 904,966 

Act  of  Congress  enabling  Illinois  to  become  a  State — 1818 967 

Act  of  Congress  establishing  the  Territorial  government  of  Wiscon- 
sin—1836 4065 

Act  of  Congress  establlsliing  the  Territorial  govenunent  of  Iowa — 

1838 - 1111 

Act  of  (Congress  enabling  Wisconsin  to  iHHronie  a  State — 1846 4071 

Act  of  Congress  for  the  admission  of  Wisconsin — 1848 4074 

Constitution  of  Wisconsin— 1848 4077 

Wyomino  : 

Treaty  ceding  Louisiana — 180.*5 i;J59 

District  of  Louisiana— 1804 ^ 1364 

Territory  of  Louisiana — 1805 1373 

Territory  of  Missouri— 1812 2139 

Convention  with  Great  Britain— 1818 2983 

Treaty  ceding  Florida  and  fixing  boundaries — 1819 649 

Convention  with  Russia— 1824 2983 

Organic  acts,  Mexico,  Texas— 1824-1845 3475-3547 

Act  for  governnient  of  Indian  Territory — 1834 1097 

Annexation  of  Texas— 1845  ___^ 3544 

Treaty  with  Great  Britain— 1846 2985 

Treaty  of  Guadalupe  Hidalgo— 1848 377 

Treaty  of  Oregon— 1848 2986 

Territory  of  Utah— 1850 .3687 

Territory  of  Washington— 1853 396.3 

Territory  of  Nebraska— 1854 1161 

Territory  of  Idaho— 1863 !K)."> 

Territory  of  Montana— 1864 2281 

Tem|)orary  government  of  Wyoming — 1868 4105 

Act  for  admission  of  Wyoming — 1890 4111 

Constitution  of  Wyoming— 1889 -. 4117 


LIST  OF  AUTHORITIES 


ADAMS 

John  Adams.  Works.  Edited  by  Charles  Francis  Adams.  10  vols.  Boston : 
1850-1856. 

Adoption  and  Amendment  of  Constitutions  in  Europe  and  America.  Charles 
Borgeaud.     New  York  :  1897. 

Journal  of  the  Convention  of  the  Alabama  Territory.  Begun  July  5,  1819 
[and  ended  August  2,  1819].     Huntsville  :  1819.     8vo.     40  pp. 

ALABAMA 

The  History  and  Debates  of  the  Convention  of  the  People  of  Alabama.  Begun 
and  held  in  the  city  of  Montgomery,  on  the  seventh  day  of  January,  1861,  in 
which  is  preserved  the  speeches  of  the  secret  sessions  and  many  valuable  State 
papers.  By  William  R.  Smith,  one  of  the  delegates  from  Tuscaloosa.  Mont- 
gomex'y  :  Tuscaloosa  :  Atlanta  :  1861.     4M  pp.     Index. 

The  Constitution  and  Ordinances  adopted  l)y  the  State  Convention  of  Ala- 
bama, which  Assembled  at  Montgomery  on  the  twelfth  day  of  September,  A.  D. 
1865;  with  Index,  Analysis,  and  Table  of  titles.  By  J.  W.  Shepherd.  M6nt- 
gomery:  1865.     88  pp.     80  pp. 

Journal  [and  Ordinances]  of  the  Constitutional  Convention  of  Alabama,  No- 
vember 5-December  6,  1867.     Montgomery  :  1868.    3+291  pp. 

Journal  of  the  Constitutional  Convention  of  the  State  of  Alabama.  Assembled 
in  the  city  of  Montgomery,  September  6,  1875.     Montgomery,  Ala. :  1875.     231  pp. 

Journal  of  the  Proceedings  of  the  Constitutional  Convention  of  the  State  of 
Alabama.  Held  in  the  city  of  Montgomery,  commencing  Mav  1,  1901.  Mont- 
gomery, Ala. :  1901.     1888  pp. 

Two  New  Southern  Constitutions  [Alabama,  1901;  Virginia,  1901].  By  Albert 
E.  McKinley.     Political  Science  Quarterly.     Vol.  XVIII,  No.  3.     Boston:  1903. 

Alabama  Historical  Society.     Transactions. 

ALMON 
The  Charters  of  tlie  British  Colonies  in  America.     John  Almon,  London ;  1775. 

ARCHJEOLGIA  AHERICANA 

American  Antiquarian  Society.     Archwohjia  Anieiivuim. 

AMERICAN  COMMONWEALTHS 
American  Commonwealths  Series.     Edited  by  II.  E.  Scudder.     Boston. 

ANDREWS 
Colonial  Self-Government.     C.  M.  Andrews.     New  York :  1904. 

ARKANSAS 

Ordinances  of  the  State  Convention  which  convened  in  Little  Rock,  May  6. 
1861.     Little  Rock  :  1861.     128  pp. 

Journal  of  the  [Constitutional]  Convention,  .Tanuaiy  4r-23,  1864.  Little  Rock  : 
1870.     58  pp. 

The  Constitution  of  the  State  of  Arkansas.  Framed  and  adopted  by  the  con- 
vention which  assembled  at  Little  Rock,  July  14,  1874,  and  ratified  by  the  peo- 
ple of  the  State  at  the  elections  held  October  13.  1874.  With  an  appendix  con- 
taining the  Constitution  of  the  United  States  and  the  Constitutions  of  Arkansas 
of  1836,  1861,  1864,  and  1868.  With  notes  by  U.  M.  Rose.  Little  Rock,  Ark. : 
1891.     399  pp. 

XV 


XVI  List  of  Aulkorilies 

BANCROFT 

History  of  the  Formation  of  the  Constitution  of  the  United  States  of  Americii. 
2  vols,     (ieorge  Bancroft.     New  Yorlt :  1882. 

A  History  of  the  United  States,  (j  vols.  George  Bancroft.  New  York: 
188»-1885. 

BELNAF 

The  History  of  New  Hampshire.  Jeremy  Helnap.  3  vols.  Boston:  1742. 
Appendix  [documentary]. 

BUROESS 

Political  Science  and  Constitutional  Law.  2  vols.  ,7.  W.  Burgess.  New 
York:  1890. 

CALIFORKIA 

Rei>ort  of  the  Debates  In  the  Convention  of  California  on  the  F'ormation  of 
the  State  Convention  in  Septeml>er  and  Octol)er,  1849.  By  J.  Ross  Browne. 
Washington :  1850.     479  pp.     App. 

Debates  and  Proceedings  of  tlie  Constitutional  Convention  of  the  State  of 
California.  Convention  at  the  city  of  Sacramento,  Saturday,  September  28,  1878. 
E.  B.  Willis  and  P.  K.  Stockton,  official  stenographers.  Sacramento:  1880.  3 
vols.     4°.     640,  512,  425  pp. 

California  Historical  Society.    Papers  and  Puhlicationa. 

CHALMERS 

A  Collection  of  Treaties  between  Great  Britain  and  other  Powers.  George^ 
Chalmers.     2  vols.    .I^ondon :  1790. 

CHANNINO  AND  HART 

Guide  to  the  Study  of  American  History.  Edward  Channing  and  Albert 
Buslmeil  Hart.     Boston  :  1903. 

CONFEDERATION 

For  data  in  re  The  formation  of  the  Articles  of  Confederation,  consult  the 
writings  of  John  Adams,  Franklin,  John  Dickinson,  James  Madison,  Alexander 
Hamilton. 

CONGRESS 

Secret  Journals  of  the  Acts  and  Proceedings  of  Congress.  4  vols.  Boston : 
1821. 

CONNECTICTTT 

The  Public  Records  of  the  Colony  of  Connecticut  (1636-177(5).  James  Ham- 
mond Trumbull  and  Charles  J.  Hoodly.     Hartford :  1850-1890. 

New  Haven  [Conn.]  Colony  Historical  Society.     Papers. 

Journal  of  the  Proceedings  of  the  Convention  of  Delegates  convened  at  Hart- 
ford, August  2(5.  1818.  for  the  I*urix)se  of  Forming  a  Constitution  of  Civil  Gov- 
ernment for  the  People  of  the  State  of  Connecticut.  Printed  by  Order  of  the 
General  Assembly.     Hartford:  1873.     121  pp. 

Historical  Notes  of  the  Constitutions  of  Connecticut,  1639-1818,  particularly 
on  the  Origin  and  Progress  of  the  Movement  which  Resulted  in  the  Convention 
of  1818  and  the  Adoption  of  the  Present  Constitution.  By  J.  Hammond  Trum- 
bull.    Hartford  :  1873.     60  pp. 

Celebration  of  the  Two  Hundred  and  Fiftieth  Anniversary  of  the  Adoption 
of  the  First  Constitution  of  the  State  of  Connecticut.  By  the  Connecticut 
Historical  Society  and  the  Towns  of  Windsor.  Hartford,  and  Wethersfield. 
Thursday.  January  24,  A.  D.  1889.     Hartford,  Conn. :  1889.     98  pp. 

Journal  of  the  Constitutional  Convention  of  Connecticut,  1902.  Hartford : 
1902.     493  pp. 

Preliminary  Journal  of  the  Constitutional  Convention  of  Connecticut.  467 
pp.     Hartford:  1902. 

Collected  Documents  of  the  Constitutional  Convention  of  Connecticut.  Hart- 
ford: 1902. 

Printed  Resolutions,  Constitutional  Convention  of  Connecticut.  Hartford : 
1902. 

Connecticut  Historical  Society.     Papers. 


List  of  Authorities  xvii 


CONSTITUTIONAL 

Constitutional  History  of  the  United  States  as  seen  in  the  Development  of 
American  Law.     T.  M.  Cooley  (and  otliers).     New  Yorli:  1890. 
Constitutional  Limitations.     T.  M.  Cooley. 
The  Constitutional  Decisions  of  John  Marshall.     2  vols.     New  York :  1905. 

CUKTIS 

Constitutional  History  of  the  United  States.  2  vols.  G.  T.  Curtis.  New 
York:  1889. 

CONVENTION,  1827 

Statement  on  the  Part  of  The  United  States  of  the  Case  Referred  in  Pur- 
suance of  the  Convention  of  29th  September,  1827,  Between  the  said  States 
and  Great  Britain,  to  His  Majesty,  the  King  of  the  Netherlands,  For  his  Deci- 
sion Thereon.  Printed  but  not  published.  Washington:  Printed  at  the  Office 
of  the  United  States'  Telegraph,  1829.     9G  pp. 

Appendix  to  the  Two  Statements  on  the  Part  of  the  United  States,  Respect- 
ing the  Disputed  Points  of  Boundary  Between  the  United  States  and  Great 
Britain ;  Referred  to  His  Majesty,  the  King  of  the  Netherlands,  for  His  Deci- 
sion Thereon.  Written  and  Printed  Evidence  Adduced  On  the  Part  of  the 
United  States.     (With  map)  and  Appendixes  LXI-LXIX.     438  pp. 

First  Statement  On  the  Part  of  Great  Britain,  According  to  the  Provisions 
of  The  Convention  Concluded  Between  Great  Britain  and  the  United  States, 
On  the  29th  September,  1827.  For  Regulating  the  Reference  to  Arbitration  of 
the  Disputed  Points  of  Boundary  Under  the  Fifth  Article  of  the  Treaty  of 
Ghent.     43  pp. 

Second  Statement  On  the  Part  of  Great  Britain,  According  to  the  Provisions 
of  The  Convention  Concluded  Between  Great  Britain  and  the  United  States, 
On  the  29th  September,  1827,  for  Regulating  the  Reference  To  Arbitration  of 
the  Disputed  Points  of  Boundary  Under  the  Fifth  Article  of  the  Treaty  of 
Ghent.     41  pp.     Appendixes,  30  pp. 

Decision  of  the  Arbiter,  13  pp.     Protest  (of  the  United  States)  pp.  14-16. 

DELAWARE 

Our  State  Constitutions.  James  Q.  Dealey,  American  Academy  of  Political 
and  Social  Science.     Philadelphia,  March,  1907.     98  pp. 

Colonial  Records    (1G83-1790).     16  vols.     Philadelphia:  1852-53. 

Debates  and  Proceedings  of  the  Constitutional  Convention  of  the  State  of 
Delaware.     1853.     Dover,  Del.     318  pp.     Index. 

Delaware  Historical  Society.  Papers.    {See  also  Constitutional  Pennsylvania.) 

DICKINSON 

John  Dickinson.     Political  Writings.     2  vols.     Wilmington :  1801. 

DOYLE 

The  English  Colonies  in  America.  J.  A.  Doyle.  5  vols.  New  York:  1882- 
1906. 

FEDERALIST 

The  Federalist.  (Edited  by  H.  C.  Lodge;  by  P.  L.  Ford;  by  Henry  B.  Daw- 
son ;  by  J.  C.  Hamilton. ) 

FLORIDA 

Constitution  and  Ordinances  Adopted  at  the  Convention  [of  Florida],  Janu- 
ary 3-21.     1861.     Tallahassee :  1861.     68  pp. 

The  Constitution  [of  Florida]  as  Amended  and  Ordinances  Adopted  at  Called 
Session,  January  14-27,  1862.  48  pp.  n.  p.  n.  d.  The  Proceedings  of  the  Called 
Sessions,  February  2r>-March  1,  1861 ;  April  18-27,  1861.     70  pp. 

Journal  [and  Ordinances]  of  the  Convention  held  January  3-21,  1861. 
[Florida.]     Tallahassee :  1861.     112  pp. 

Journal  of  the  Convention,  January  14-27,  in  Called  Session.  [Florida.] 
110  pp.      n.  p.  n.  d. 

Journal  of  the  Constitutional  Convention  of  Florida  [and  Constitution 
Adopted].     Tallahassee:  1865.     34,22,167  pp. 

7251— VOL  1—07 2 


XVIII  lAsl  of  Authcrrities 

Journal  of  the  [Constitutional]  Convention  (of  Florida],  January  20-February 
25.  18<JS.     Tallahassee :  18(«.     134  pp. 

Journal  of  the  Pr(X*ee(liug8  of  the  Constitutional  Convention  of  the  State  of 
Florida.  BeKun  and  held  at  the  capltol,  at  Tallahassee,  on  Monday,  Januarj' 
IK),  18* W.     Talljihas8<>e:  18t58.     l.'W  pp. 

Journal  <)f  the  I'roceedings  of  the  Constitutional  Convention  of  the  State  of 
Florida.  Which  convened  at  the  capltol,  at  Tallahassee,  on  Tuesday,  June  9, 
1885.    Tallahassee,  Fla. :  1885.    631  pp. 

FORCE 

American  Archives.  A  Documentary  History  of  the  North  American  Colonies. 
0  vols.     Compiled  by  Peter  Force.     Washington :  1837-1853.  -■ 

FBANKLIN 

Benjamin  Franklin's  Works.  Edited  by  Jared  Sparks.  10  vols.  Boston: 
1830-1850. 

Benjamin  Franklin's  Work.s.  Edited  by  John  Bigelow.  10  vols.  New  York : 
1887-1888. 

Benjamin  Franklin's  Works.  Edited  by  Albert  H.  Smythe.  10  vols.  New 
York.     1905-1907. 

OAIXATIK 

Albert  Gallatin.  Writings.  Edited  by  Henry  Adams.  3  vols.  Philadelphia : 
1879. 

6E0E0IA 

Digest  of  the  Laws  of  the  State  of  Georgia.  H.  Marbury,  W.  H.  Crawford. 
Savannah:    1802. 

Journal  of  the  Convention  to  Reduce  and  Equalize  the  Representation  of  the 
General  Assembly  of  the  State  of  Georgia.  Assembled  in  Milletlgeville.  on  the 
6th  Day  of  May,  eighteen  hundred  and  thirty-nine.  Published  by  authority. 
Milledgeville:  18:m     74  pp. 

Journal  of  the  State  Convention.  Held  in  Milledgeville  in  December,  18.50. 
Mille<lgeville  :  1850.     34  pp. 

Journal  of  the  Public  and  Secret  Proceedings  of  the  Convention  of  the  People 
of  Georgia.  Held  in  Milledgeville  and  Savannah  in  1861.  Together  with  the 
ordinances  adopted.  Published  by  order  of  the  convention.  Milledgeville,  Ga. : 
1861.     416  pp. 

Journal  of  the  Proceedings  of  the  Convention  of  the  People  of  Georgia.  Held 
in  Milledgeville  in  October  and  November,  ISe.'j.  Together  with  the  ordinances 
and  resolutions  adopted.  I'ublished  by  order  of  the  convention.  Milledgeville. 
Ga. :  186.5.     269  pp. 

Journal  of  the  Proceedings  of  the  Constitutional  Convention  of  the  People  of 
Georgia.  Held  in  the  city  of  Atlanta  in  the  months  of  December,  1867,  and 
January,  February,  and  March,  1868.  And  ordinances  and  resolutions  adopted. 
Published  by  order  of  the  convention.     Augvista,  Ga. :  1868.     6.36  pp. 

Journal  of  the  Constitutional  Convention  of  the  People  of  Georgia.  Held  in 
city  of  Atlanta  in  the  months  of  July  and  August,  1877.  Atlanta,  Ga. :  1877. 
701  pp. 

A  Stenographic  Report  of  the  Proceedings  of  the  Constitutional  Convention. 
Held  in  Atlanta,  Georgia,  1877.  Giving  debates  in  full  on  all  questions  before 
the  convention.  Reported  by  Samuel  W.  Small  for  The  Atlanta  Constitution. 
Atlanta,  Ga. :  1877.     502  pp. 

Georgia  Historical  Society.     Collections. 

OESASD 

The  Peace  of  Utrecht.     J.  W.  Gerard.     New  York  :  1885. 

OOODNOW 

Comparative  Administrative  Law.     2  vols.     F.  J.  Goodnow.     New  York  :  1893. 

OBAHAME 

The  Hi.story  of  the  Rise  and  Progress  of  the  United  States  of  North  America. 
Till  the  British  Revolution  in  1688.     2  vols.     James  Grahame.     London :  1827. 


List  of  Authorities  xix 

aKEEKE 
Colonial  Commonwealths.     E.  B.  Greene.     New  York :  1904. 

HAMILTON 

Alexander    Hamilton.     Works.     Edited    by    Henry    Cabot    rx>dge.     12    vols. 
New  York :  1904. 
The  Colonization  of  tlie  South.     P.  J.  Hamilton.     Philadelphia :  1904. 

HAZABD 

Historical  Collections:  Consisting  of  State  Papers  and  Other  Documents. 
Ebenezer  Hazard.     2  vols.     Philadelphia :  1792-1794. 

HILDRETH 

The  History  of  the  United  States.  Richard  Hildreth.  6  vols.  New  York: 
1851-1856.     [Contains  brief  accounts  of  State  constitutions.] 

HOUGH 

American  Constitutions :  Comprising  the  Cohstitution  of  each  State  in  the 
Union,  and  of  the  United  States,  with  the  Declaration  of  Independence  and 
Articles  of  Confederation.  Each  accompanied  by  a  historical  introduction  and 
notes,  together  with  a  classified  analysis  of  the  constitutions.  By  Franklin  B. 
Hough.     2  vols.     Albany :  1871. 

HOWARD 

Local  Constitutional  History.     G.  E.  Howard. 

HOPKINS   (UNIVERSITY) 

The  Johns  Hopkins  "Studies"  in  History  and  Political  Science.  Johns 
Hopkins  University. 

HINSDALE 

The  Old  Northwest :  With  a  View  of  the  Thirteen  Colonies  as  Constituted  by 
the  Royal  Charters.     B.  A.  Hinsdale.     New  York :  1891. 

HISTORICAL  ASSOCIATION 

Historical  Societies.  For  complete  list  see  Annual  Report,  American  His- 
torical Association,  1905,  vol.  2. 

HORACK 

Constitutional  Amendments  in  the  Commonwealth  of  Iowa.  Frank  E.  Horack. 
Iowa  City,  Iowa :  1899.  8  vo.  33  pp.  [Reprinted  from  The  Iowa  Historical 
Record.] 

ILLINOIS 

Journal  of  the  Convention  Assembled  at  Springfield,  June  7,  1847,  in  pursu- 
ance of  an  act  of  the  General  Assembly  of  the  State  of  Illinois,  entitled  "An 
act  to  provide  for  the  call  of  a  convention,"  approved  February  20,  1847,  for  the 
Purpose  of  Altering,  Amending,  or  Revising  the  Constitution  of  the  State  of 
Illinois.     Published  by  authority  of  the  convention.     Springfield  :    1847.     592  pp. 

Journal  of  the  Constitutional  Convention  of  the  State  of  Illinois.  Convened 
at  Springfield,  January  7,  18G2.     Springfield:  1862.     1,131  pp.     Inde.x. 

Debates  and  Proceedings  of  the  Constitutional  Convention  of  the  State  of  Illi- 
nois. Convened  at  the  city  of  Springfield,  Tuesday,  December  13,  1869.  2  vols. 
4to.     Springfield:  1870.     1.076,819  pp.     Index. 

Journal  of  tlie  Constitutional  Convention  of  the  State  of  Illinois.  Convened 
at  Springfield,  December  13,  1869.     Springfield:  1870.     1,022  pp.     Index. 

Chicago  Historical  Society.     Collections. 


XX  List  of  Authorities 

IITDIANA 

Journal  of  the  Constitutional  Convention  of  Indiana  [at  Corydon],  June  2, 
181t>.     Loulsvilk':    1816.     (50  pp. 

Ilt'i>ort  of  the  DebateH  and  Pnn-eedlngs  of  the  Convention  for  the  Revision  of 
tlie  Constitution  of  the  State  of  Indiana.  IS-W.  Indlanaimlis,  Ind:  1850.  2  vols. 
1,008,  1,099  pp. 

IOWA 

Journal  of  the  [Constitutional]  Convention  of  Iowa.  May  4-19,  184G.  Iowa 
City:    1»4(5.     120  pp. 

Frajnnents  of  the  I>ebate8  of  the  Iowa  Constitutional  Conventions  of  1844 
and  184<>;  alonjr  with  press  ooninients  and  other  materials  on  the  constitutions 
of  1844  and  184<J.  Compiled  and  edited  by  Benjamin  F.  Shambaugh,  A.  M., 
Ph.  I>.     Iowa  City.  Iowa  :    1000.     415  pp. 

The  Debates  of  the  Constitutional  Convention  of  the  State  of  Iowa,  Assem- 
bled at  Iowa  City.  Monday,  January  10,  1857.  2  vols.  Davenport :  1857. 
044,  422  pp.     Index. 

Journal  of  the  Cimstitutioual  Convention  (»f  the  State  of  Iowa.  In  session  at 
Iowa  City  from  the  nineteenth  day  of  January,  A.  D.  one  thousand  eight  hundred 
and  fifty-seven,  to  the  fifth  day  of  March  of  the  same  year,  inclusive.  Musca- 
tine :    1857.     380  pp.     Index. 

State  Historical  Society  of  Iowa.    Publications. 

JAMES 

The  Colonization  of  New  England.     B.  B.  James.     I'hiladelphia :  1904. 

JAKESON 

A  Treatise  on  Constitutional  Conventions;  their  History.  Powers,  and  Modes 
of  PrwwMling.     By  John  Alexander  Jameson.     4th  ed.     Chicago :  1887. 
William  Usselinx,  J.  Franlilin  Jameson. 

JAY 

John  Jav.  Corresi^ndence  and  Public  Pai)ers.  Edited  by  H.  P.  Johnston. 
4  vols.     New  York  :  1890-1803. 

JEFFEBSON 

Thomas  Jeffers«tn.     Writings.     Edited  by  II.  A.  Washington.     0  vols.     Wash- 
ington:  1853-.>4. 
Thomas  Jeflferson.     Edited  by  P.  L.  Ford.     12  vols.     New  York :  1802-1890. 

JEKNESS 

Transcripts  of  Original  Documents  in  the  English  Archives  Relating  to  New 
Hampshire.     John  S.  Jeunes.s.     New  York:  1876.      (Privately  printed.) 

JONES 

The  Colonization  of  the  Middle  States  and  Maryland.  F.  R.  Jones.  Phila- 
delphia:  1904. 

KAKSAS 

Report  of  the  Connnlttee  on  Territories,  to  whom  were  referred  the  Con- 
stitution adopted  by  the  i)eople  of  Kansas  on  the  4th  day  of  October.  A.  D. 
185J).  anil  the  Memorial  of  the  convention  praying  Congress  to  Admit  Kansas 
as  a  State  into  the  aforesaid  Confederacy.  (:Wth  Cong..  1st  sess.,  H.  report 
255.     55  i)p.) 

Proiveilings  and  Del)ates  of  the  Constitutional  Convention  of  Kansas  [Ter- 
ritory], Wyandot,  July  5,  1859.  Wyandot:  1859.  (Constitution  and  Ordi- 
nanc-es.)     4-f  46+4.30+10  pp. 

Kansas  State  Ilistorical  Society.     Transactions. 


List  of  Authorities  xxt 

KKLLOGG 

The  American  Colonial  Charter.  Louise  Phelps  Kellogg.  Report  of  the 
American  Historical  Association,  100.'?.     vol.  1.     pp.  187-341. 

KENTUCKY 

Report  of  the  Debates  and  Proceedings  of  the  Convention  for  the  Revision 
of  the   Constitution  of  the   State   of   Kentucky,    1840.     Frankfort,   Ky. :    1840. 

i,i(;s  pp. 

.Tournal  and  Proceedings  of  the  Convention  of  the  State  of  Kentiicky. 
Frankfort,  Ky. :  1849.     531  pp. 

Official  Report  of  the  Proceedings  and  Debates  in  the  Convention  Assembled 
at  Frankfort  on  the  Eighth  day  of  September,  1800,  to  Adopt,  Amend,  or 
Change  the  Constitution  of  the  State  of  Kentucky.  Frankfort,  Ky. :  1890.  4 
vols.     G,480  pp. 

LINCOLN 

The  Constitutional  History  of  New  York  from  the  beginning  of  the  Colonial 
Period  to  the  year  1005 ;  showing  the  origin,  development,  and  judicial  con- 
struction of  the  Constitution.     Charles  Z.  Lincoln.     5  vols.     Rochester :  1906. 

LOUISIANA 

Journal  de  la  Convention  de  la  Louisiane.  Nouvelle-Orl^ans :  1845.  367  pp. 
(Constitution.     1845.) 

Rapports  Officiels  des  Debats  de  la  Convention  de  la  Louisiane.  Iraprimeur  de 
la  Convention.     Nile. -Orleans.  1845.     400  pp.     (Constitution.     184.5.     11pp.) 

Proceedings  and  Debates  of  the  Convention  of  Louisiana,  which  Assembled  at 
the  City  of  New  Orleans,  January  14,  1844.  New  Orleans:  1845.  960  pp. 
Index. 

Journal  of  the  Convention  to  Form  a  New  Constitution  for  the  State  of 
Louisiana.     Official.     New  Orleans:  1852.     100  pp. 

Official  Journal  of  the  Proceedings  of  the  Convention  of  the  State  of 
Louisiana.     By  authority.     New  Orleans:  1861.     330  pp. 

Journal  of  the  Senate  of  the  State  of  Louisiana.  New  Orleans:  1864. 
197  pp. 

Journal  of  the  House  of  Representatives  of  the  State  of  Louisiana.  New 
Orleans :  ISCA.     226  pp. 

Debates  in  the  Convention  for  the  Revision  and  Amendment  of  the  Constitu- 
tion of  the  State  of  Louisiana.  Assembled  at  Liberty  Hall,  New  Orleans,  April 
6,  1864.     New  Orleans:  1864.     643  pp. 

Official  Journal  of  the  Proceedings  of  the  Convention  for  the  Revision  and 
Amendment  of  the  Constitution  of  the  State  of  Louisiana.  By  authority. 
New  Orleans :  1864.     184  pp.     Index. 

Journal  Officiel  des  Travaux  de  la  Convention  reunie  pour  reviser  et  amender 
la  Constitution  de  I'Etat  de  la  Louisiane.  Par  autorite.  Nouvelle  Orleans : 
1864.     187  pp.     Index. 

Official  Journal  of  the  Proceedings  of  the  Convention  for  Framing  a  Constitu- 
tion for  the  State  of  Louisiana;  By  authority.  New  Orleans:  1867-1868. 
315  pp. 

Official  Journal  of  the  Proceedings  of  the  Constitutional  Convention  of  the 
State  of  Louisiana.  Held  in  New  Orleans,  Monday,  April  21,  1879.  By 
authority.     New  Orleans :  1879.     337  pp.     Appendix.     156  pp. 

Official  Journal  of  the  Proceedings  of  the  Constitutional  Convention  of  the 
State  of  Louisiana.  Held  in  New  Orleans,  Tuesday.  February  8,  1898.  And 
calendar.     By  authority.     New  Orleans :  1898.     385  pp.     77  pp. 

MADISON 

James  Madison.  Letters  and  Other  Writings.  Edited  by  H.  D.  Gilpin.  3 
vols.     Washington :  1840. 

James  Madison.     Letters  and  Writings.     4  vols.     Philadelphia :  1865. 

Journal  of  the  Federal  Convention  Kept  by  James  Madison.  Edited  by 
E.  H.  Scott.     Chicago  :  1893.     805  pp. 


XXII  List  of  Authorities 

McLAirOHLIK 

The  Federal  (Constitution.    A.  C.  Mclaughlin.    New  York :  19ft5.    35C  pp. 

McMASTER 

A  History  of  the  People  of  the  ITnlted  States.  John  Bach  McMaster.  6 
vols.     New  York:  1883-.     [Contains  st>nje  account  of  new  State  constitutions.] 

MAOAZIKES 

Magazine  of  American  History.     New  York :  1877-1804. 
Magazine  of  Western  History.     14  vols.     The  National  Magazine. 
The  American  Historical  Review. 

XAIVE 

Journal  of  the  Constitutioual  Convention  of  the  District  of  Maine;  with  the 
articles  of  separation  and  Governor  Brook's  proclamation  prefixed,  1819-1820. 
August :  1856.     112  pp. 

The  Debates  and  .journal  of  the  Constitutional  Convention  of  the  Stjite  of 
Maine,  1819-1820 ;  and  amendments  subsequently  made  to  the  constitution. 
Augusta  :  1894.     412,  13.').  120  pp. 

Journal  of  the  Constitutional  Convention  of  tlie  District  of  Maine:  with  the 
articles  of  separation  and  Governor  Brook's  proclamation  prefixed,  1819-1820. 
Augusta  :  1894.     135  pp. 

The  Debates,  Kesolutions,  and  other  Proceedings  of  the  Convention  of  Dele- 
gates Assembletl  at  Portland  on  the  11th.  and  Continued  until  the  29th  day  of 
October,  1819,  for  the  Puri)ose  of  Forming  a  Constitution  for  the  State  of 
Maine:  to  which  is  prefixed  the  constitution.  Taken  in  Convention.  Port- 
land :  1S20.     300  pp. 

Tlie  Documentary  History  of  Maine. 

Maine  Historical  Society.     Collections. 

MAKTEK8  AND  CTTSSY 

Traitfe  et  Conventions  Dipiomatiques,  Cliarles  de  Martens  et  Ferdinand  de 
Cussy.     7  vols.     liClpzig :  184G-1857. 

MARYLAND 

Laws  of  Maryland  at  Large  [  1037-1 7«J31.     Thomas  Bacon.     Annapolis:  17G5. 

Archives  of  Maryland.  William  Hand  Browne,  e<litor.  13  vols.  Baltimore: 
1883-1894. 

Maryland  as  a  Proprietary  Province.     Newton  D.  Mereness.     New  York  :  1903. 

Proceedings  of  the  Conventions  of  the  I'rovince  of  Maryland,  Held  at  Annaiv 
olis  in  1774,  1775,  1776.     Baltimore:  1836.     378  pp. 

Proceedings  of  the  Maryland  State  Convention,  to  Frame  a  New  Constitution, 
Commenced  at  Annapolis,  November  4,  1850.  Annapolis:  1850.  895  pp.  Vote; 
List  of  Delegates.     6  pp.     Constitution.     .36  pp. 

Debates  and  Proceedings  of  the  Maryland  Reform  Convention  to  Revise  the 
State  Constitution ;  to  which  are  I'reflxed  tlie  Bill  of  Rights  and  Constitution 
as  Adopted.  Published  by  order  of  the  convention.  2  vols.  Annapolis:  1851. 
890  pp. 

The  Constitution  of  the  State  of  Maryland.  Reported  and  adopted  by  the 
convention  of  delegates  assembled  at  the  city  of  Annapolis,  November  4.  1850, 
and  submitted  to  and  ratified  by  the  people  on  the  first  Wednesday  In  June, 
1851 ;  with  marginal  notes  and  references  to  acts  of  the  general  assembly  and 
decisions  of  the  court  of  appeals,  and  an  appendix  and  index.  By  Edward  Otis 
Hinkley.  esq.,  of  the  Baltimore  Bar.     Baltimore:  18.55.     108  pp. 

The  Debates  of  the  Constitutional  Convention  of  the  State  of  Marjiaud. 
Assembled  at  the  city  of  Annapolis,  Wednesdav,  April  27,  1804.  3  vols. 
Annapolis:  MDCCCLXIV. 

The  Constitution  of  the  State  of  Marj-land.  Reported  and  adopted  by  the  con- 
vention of  delegates  assembled  at  the  city  of  Annapolis,  April  27,  18f>4,  and  sub- 
mitted to  and  ratified  by  the  people  on  the  12th  and  13th  days  of  Octot>er,  1864 ; 
with  marginal  notes  and  references  to  acts  of  the  general  assembly  and  deci- 
sions of  the  court  of  appeals,  and  an  appendix  and  index.  By  Edward  Otis 
Hinkley,  esq.,  of  the  Baltimore  Bar.     Annapolis:  1865.     102  pp. 

Maryland  Historical  ScM'iety.     Fund  I'Hhlmitumx. 


hist  of  Authorities  xxiii 

MASSACHUSETTS 

A  Collection  of  Original  Papers  Relative  to  the  Histoi*y  of  the  Colony  of 
Massachusetts  Bay.     Thomas  Hutchinson.     Boston :  17(59. 

The  Charters  and  General  Laws  of  the  Colony  and  Province  of  Massachusetts 
Bay.     Nathan  Dane,  William  Prescott,  Joseph  Story.     Boston:  1814. 

Debates,  Resolutions,  and  other  proceedings  of  the  Convention  of  the  Common- 
wealth of  Massachusetts.  Convened  at  Boston,  on  the  9th  of  January,  1788, 
and  continued  until  the  7th  of  February  following,  for  the  purpose  of  assenting 
to  and  ratifying  the  constitution  recommended  by  the  grand  Federal  conven- 
tion ;  together  with  the  yeas  and  nays  on  the  division  of  the  grand  question,  to 
which  the  Federal  Constitution  is  prefixed.     Boston :  MDCCLXXVIII.     219  pp. 

Journal  of  Debates  and  Proceedings  in  the  Convention  of  Delegates  Chosen 
to  Revise  the  Constitution  of  Massachusetts.  Begun  and  Holden  at  Boston, 
November  15,  1820,  and  Continued  by  Adjournment  to  January  9,  1821. 
Reported  for  the  Boston  Daily  Advertiser.     Boston  :  1821.     292  pp. 

The  Same.     New  edition,  revised  and  corrected.     Boston :  1853.     677  pp. 

Journal  of  the  Convention  for  Framing  a  Constitution  of  Government  for  the 
State  of  Massachusetts  Bay.  From  the  conmiencement  of  their  first  session, 
September  1,  1779,  to  the  close  of  their  last  session,  June  16,  1780;  including  a 
list  of  the  members,  with  an  appendix  containing  (1)  The  resolve  for  ascertain- 
ing the  sense  of  the  people  on  the  subject  of  a  new  constitution;  (2)  The  form 
of  government  originally  reported  by  the  general  committee  of  the  convention ; 
(3)  The  address  to  the  people  ;r  (4)  the  constitution  as  finally  agreed  upon  by 
the  convention  and  ratified  by  the  people,  with  the  amendments  since  adopted ; 
(5)  The  rejected  constitution  of  1778.  Published  bv  order  of  the  legislature. 
Boston:  1832.     264  pp. 

The  Journals  of  the  Provincial  Congress  of  Massachusetts  in  1774  and  1775 
and  of  the  Committee  of  Safety.  With  an  appendix  containing  the  Proceedings 
of  the  county  conventions ;  Narratives  of  the  events  of  the  nineteenth  of  April, 
1775 ;  Papers  relating  to  Ticonderoga  and  Crown  Point,  and  other  documents, 
illustrative  of  the  early  history  of  the  American  Revolution.  Published  agree- 
ably to  a  resolve  passed  March  10,  1837,  under  the  supervision  of  William  Lin- 
coln.    Boston  :  1838.     778  pp. 

Journal  of  the  Constitutional  Convention  of  the  Commonwealth  of  Massachu- 
setts. Begun  and  held  in  Boston  on  the  fourth  day  of  May,  1853.  Printed  by 
order  of  the  Convention.     Boston :   1853.     560  pp. 

Discussion  on  the  Constitution  proposed  to  the  People  of  Massachusetts  by 
the  Convention  of  1853.     Boston  :   1854.     306  pp. 

Official  Report  of  the  Debates  and  Proceedings  in  the  State  Convention  Assem- 
bled May  4,  1853,  to  Revise  and  Amend  the  Constitution  of  the  Commonwealth 
of  Massachusetts.     Boston :   1853.     3  vols. 

Official  Report  of  the  Debates  and  Proceedings  in  the  State  Convention  Assem- 
bled May  4,  1853,  to  Revise  and  Amend  the  Constitution  of  the  Commonwealth 
of  Massachusetts.     Boston :    1853.     2  vols.     4°.     644,  724  pp. 

Records  of  the  Governor  and  Company  of  the  Massachusetts  Bay  in  New 
England.     Nathaniel  B.  Shurtleff,  Editor.     5  vols.     Boston:    1853-1854. 

Debates  and  Proceedings  in  the  Convention  of  the  Commonwealth  of  Massa- 
chusetts. Held  in  the  year  1788,  and  which  finally  ratified  the  Constitution  of 
the  United  States.  Printed  by  authority  of  resolves  of  the  legislatui-e,  1856. 
Boston  :    1856.     442  pp. 

History  of  Plymouth  Plantation.    William  Bradford.    Boston  :  1856.     [Charles 
Deane's  edition.] 
Massachusets  Historical  Society.     Collections. 

MICHIGAN 

Journal  of  the  Proceedings  of  the  Convention  to  Form  a  Constitution  for  the 
State  of  Michigan.  Begun  and  held  in  the  city  of  Detroit  on  Monday,  the  11th 
day  of  May,  A.  D.  1835.  Printed  by  order  of  the  convention.  Detroit :  18v?5. 
224  pp.     Index. 

Journal  of  the  Convention  (of  Michigan),  September  26-31,  1836,  to  Consider 
the  Admission  of  Michigan  into  the  Union.     Pontiac  :    1836.     36  pp. 

Journal  of  the  Convention  (of  Michigan),  December  14,  15,  1836,  to  Give 
Assent  Required  by  Act  of  Congress,  Previous  to  Admission.  Ann  Arbor:  1836. 
20  pp. 

Report  of  the  Proceedings  and  Debates  in  the  Convention  to  Revise  the  Con- 
stitution of  the  State  of  Michigan,  1850.     Lansing :    1850,    937  pp. 


XXIV  List  of  Authorities 

Journal  of  the  Constitutional  Convention  of  the  State  of  Michigan,  I80O. 
LansiuK:    1850.     581  pp.     Api)endix.  t 

Journal  of  Convention  (of  Michigan),  June  3-AugU8t  15,  1850.  Lansing: 
1850.     581  pp.     (With  (locuuients. ) 

The  Debates  and  Proceeilings  of  the  Constitutional  Convention  of  the  State  of 
Michigan.  Convened  at  the  city  of  Lansing,  Wetlnesday,  May  !."»,  18G7.  Lan- 
sing :  18C7.     2  vols.     4^     G(>4,  1070  pp. 

Journal  of  the  Constitutional  Convention  of  the  State  of  Michigan,  18G7.  By 
authority.    Lansing :  18<»7.    943  pp. 

Journal  of  the  Constitutional  Commission  of  Michigan.  By  authority.  Lan- 
sing: 1878.    243  pp.    ApiHMidix. 

Journal  of  the  House  of  Representatives  of  the  State  of  Michigan.  Extra 
session,  1874.     Lansing:  1874.    .320  pp. 

Journal  of  the  Senate  of  the  State  of  Michigan.  Extra  session,  1874.  Lan- 
sing: 1874.     271  pp. 

Pioneer  So<*iety  of  tlie  State  of  Michigan.     Reports  jiikI  "Pioneer  collectionJi" 

MINNESOTA 

Journal  of  the  Constitutional  Convention  of  the  Territory  of  Minnesota. 
Begun  and  held  in  the  city  of  Saint  I'aul,  capital  of  said  Territory,  on  Monday, 
the  thirteenth  day  of  July,  one  thousand  eight  hundred  and  fifty-seven.  St. 
I'aul :  1857.    209  pp. 

Debates  and  Proceedings  of  the  Constitutional  Convention  for  the  Territory  of 
Minnesota,  to  Form  a  State  Constitution  I'reparatory  to  Its  Admission  into  the 
Union  as  a  State.  T.  F.  Andrews,  otlicial  rei)orter  to  the  convention.  St.  Paul : 
George  W.  Moore,  I'rinter,  Minnesotian  Office,  18ij8.    590  pp.    Api)endix. 

The  Debates  and  Proceedings  of  the  Minnesota  Constitutional  Convention ; 
including  the  Organic  Act  of  the  Territory ;  with  the  enabling  act  of  Congress, 
the  act  of  the  Territorial  legislature  relative  to  the  convention,  and  the  vote 
of  the  people  on  the  constitution.  Reported. officially  by  Francis  H.  Smith.  St. 
Paul :  Earl  S.  Goodrich,  Territorial  printer.  Pioneer  and  Democrat  Office,  1857. 
085  pp. 

Minnesota  Historical  Society.     Colleetioux. 

MISSISSIPPI 

Journal  of  the  (Constitutional)  Convention  of  the  Western  Part  of  Missis- 
sippi Territory.  Held  in  Washington  July  7-August  1.%  1817.  Port  Gibson 
(reprint)  :  1831.    108  pp. 

Journal  of  the  Constitutional  Convention  of  Missi.ssippi,  September  10  to 
October  26,  18.32.    Jackson  :  18:^2.    mi  pp. 

Journal  of  the  Convention  of  the  State  of  Mississippi,  and  the  Act  Calling 
the  Same;  with  the  Constitution  of  the  United  States,  and  Washington's  Fair- 
well  Address.     Published  by  order  of  the  convention.     Jackson:  1851.     79  pp. 

Journal  of  the  State  Convention  and  Ordinances  and  Resolutions  Adopted  in 
January.  1801 ;  with  an  appendix.  Published  by  order  of  the  convention. 
Jackson,  Mis.s. :  1801.     250  pp. 

Journal  of  the  State  Convention  [Mississippi]  and  Ordinances  and  Resolu- 
tions Adopted  in  March,  18(51.  Published  by  order  of  the  convention.  Jackson: 
1801.     104  pp. 

Journal  of  the  Proceedings  and  Debates  in  the  Con.stitutional  Convention  of 
the  State  of  Mississippi.  August,  1805.  By  order  of  the  convention.  Jackson, 
Miss. :  1805.     29<)  pp.     Api)endix. 

Journal  of  the  Prtn-eedings  of  the  Constitutional  Convention  of  Mississippi. 
Begun  at  the  city  of  Jackson  on  August  12.  1890.  and  concluded  November  1, 
1890.     Printed  by  authority.     Jackson:  1890.     757  pp. 

MISSOUIII 

Journal  of  the  Constitutional  Convention  of  Missouri  (Territory),  St.  rx)uis, 
June  12-July  19.  1820.     St.  Louis :  1820.     48  pp. 

Journal  of  Couveutiim  of  State  of  Missouri ;  as.sembled  at  the  city  of  Jefferson, 
on  Monday  the  seventeenth  day  of  November,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  forty-five,  pursuant  to  an  act  of  the  general  as.serably 
of  the  State  of  Missouri,  entitled  "An  act  to  provide  for  the  call  of  a  conven- 
tion," approved  February  27,  1843.     Printed  by  order  of  the  convention.     City 


List  of  Authorities  xxv 

of  Jefferson :  1845.  3GG  pp.  Appendix.  64  i)p.  Index.  Appendix.  24,  32  pp. 
Prepared  by  the  constitution  of  1845.     20  pp. 

Journal  and  Proceedings  of  the  Missouri  State  Convention.  Held  at  Jefferson 
City  and  St.  Louis,  March,  18G1.     St.  Louis :  18G1,     269  pp. 

Journal  of  the  Missouri  State  Convention.  Held  at  the  city  of  St.  TjOuIs, 
October,  1861.     St.  Louis:  1861.     Ill  pp. 

Journal  of  the  Missouri  State  Convention.  Held  at  Jefferson  City,  July,  1861. 
St.  Louis:  1861.     136  pp. 

Journal  [and  Proceedings]  of  the  Missouri  State  Convention.  Held  in  Jeffer- 
son City,  June,  1862.     S.  Louis :  1862.     253  pp. 

Journal  of  the  Missouri  State  Convention.  Held  in  Jefferson  City,  June,  1863. 
St.  Louis :  1863.     380  pp. 

Journal  of  the  Missouri  State  Convention.  Held  at  the  city  of  St.  Ix)uis, 
January  6-April  10,  1865.     St  Louis :  1865.     287  pp. 

HOBAK 

The  Formation  and  Development  of  the  Constitution,  T.  F.  Moran,  Phila- 
delphia:  1904, 

MORET 

The  First  State  Constitutions.  By  William  C.  Morey.  Philadelphia:  Ameri- 
can Academy  of  Political  and  Social  Science.     Publication  No.  98. 

MOTTET 

H.  M.  Dexter's  notes  (edition)  to  Mourt's  Relation.     (Plymouth  Colony.) 

KEW  HAMPSHIRE 

Records  of  New  Hampshire.     17  vols. 

Portsmouth  Records  [Frank  Warren  Hackett].  1645-16.56.  Portsmouth: 
1886. 

State  Papers,  New  Hampshire  [Hon.  A.  S.  Batchellor,  Editor].  Vol.  XXIX. 
[Charters.]     Concord:  1896. 

Laws  of  New  Hampshire.  Vol.  I.  Province  Period,  1679-1702.  Manchester, 
N.  II. :  1904. 

The  History  of  the  Convention  for  Ratifying  the  Federal  Constitution  (in 
New  Hampshire),  June  18-21,  1788.     J.  B.  Walker.     Boston:  1888.     128  pp. 

Proceedings  of  the  Bar  Association  of  the  State  of  New  Hampshire,  Concord, 
N.  H.,  1906.  The  Constitutional  History  of  New  Hampshire,  1775-1792.  W.  F. 
Dodd.     pp.  379-400. 

Proceedings  and  Debates  of  the  Convention  (of  New  Hampshire),  November 

6,  1850-January  3,  1851,  as  reported  for  the  Daily  Patriot.     Concord :  November 

7,  1850-January  4,  1851. 

Journal  of  the  Convention  Which  Assembled  in  Concord  to  Revise  the  Con- 
stitution of  New  Hampshire.  1793-1792.  Edited  by  Nathaniel  Bouton,  D.  D. 
Concord  :  1876.     198  pp. 

New  Hampshire  Historical  Society.    Collections. 

Journal  of  the  Constitutional  Convention  of  the  State  of  New  Hampshire, 
December,  1876.     Concord  :  1877.     280  pp. 

Journal  of  the  Constitutional  Convention  of  the  State  of  New  Hampshire, 
January,  1889.     Manchester :  1889.     308  pp. 

State  of  New  Hampshire,  Convention  to  Revise  the  Constitution,  December, 
1902.     Concord,  N.  H. :  1903.     949  pp. 

NEW  JERSEY 

The  Grants.  Concessions,  and  Original  Constitutions  of  the  Province  of  New 
Jersey  (1664—1682).     Leaming  and  Spicer.  Philadelphia:  17.58. 

The  Model  of  the  Government  of  the  Province  of  East  New  Jersey.  George 
Scot,  Edinburgh:  1685. 

Archives  of  the  State  of  New  Jersey ;  Documents  relating  to  the  colonial 
history  (1631-1775).    18  vols.    Trenton :  1880-1895. 

Extracts  from  the  Journal  of  Proceedings  of  the  Provincial  Congress  of  New 
Jersey.  Held  at  Trenton  in  the  months  of  May,  June,  and  August,  1775.  Pub- 
lished by  order.     Burlington,  MDCCLXXV,  Woodbury.  N.  J. :  1835.     241  pp. 


XXVI  List  of  Authorities 

Journal  of  the  Votes  and  Prooee<linRs  i»f  the  Convention  of  New  .Terst\v. 
Begun  at  Burlington  the  tfutli  of  June,  177«i,  aiul  thence  eontinm'd  by  adjouni- 
uient  at  Trenton  and  New  Brunswick,  to  the  twenty-first  of  August  following; 
to  which  is  annexed  sundry  ordinances  and  the  constitution.  Published  by 
order.     Burlington.  MDCCLXXVI.     Trenton :  18.S1.     100  pp. 

Eumenes;  being  a  collection  of  pajiers  written  for  the  puri>08e  of  exhibiting 
some  of  the  more  prondnent  Errors  and  Omissions  of  the  constitution  of  New 
Jersey,  as  estid>lished  on  the  second  day  of  July,  one  thousand  seven  hundreil 
and  seveutj'-six.  and  to  prove  the  necessity  of  calling  a  convention  for  revision 
and  amendment.     Trenton :  17j)9.     149  pp.     Postscript.    Table  of  contents. 

Journal  of  the  Prix-eedings  of  the  Convention  to  form  a  Constitution  for  the 
Government  of  the  State  of  New  Jersey.  Begun  at  Trenton  on  the  fourteenth 
day  of  May.  A.  I).  1844,  and  continued  to  the  tweuty-uiuth  day  of  June,  A.  D. 
1844.     Trenton :  1844.     21):i  pp. 

New  Jersey  Historical  Society.     Proceedings. 

NEW  PLYKOTJTH 

Records  of  the  Colony  of  New  Plymouth  in  New  England,  1620-1G92.  12  vols. 
Boston:  1855-1861. 

The  Compact  with  the  Charter  and  Laws  of  New  Plymouth.  William  Brig- 
ham.    Boston :  ISW. 

NEVADA 

Official  Report  of  the  Debates  and  Proceedings  in  the  Constitutional  Conven- 
tion of  the  State  of  Nevada.  A.ssembleil  at  Cai-son  City.  July  4,  1804,  to  form  a 
constitution  and  State  government.     San  Francis(X) :  1806.     943  pp. 

NEWSPAPEBS  (FILES  OF) 

Newspaper  Files  (Proceedings  and  Debates  of  Constitutional  Conventions) — 

(Alabama.)     The  Age  Herald.  1901.     Montgomery'  Advertiser,  1901. 

(Delaware.)  Every  Evening,  Wilmington.  18tM>-97.  Morning  News,  Wil- 
mington, 1896-97. 

(Idaho.)     Daily  Statesman.  1889. 

(Kentucky.)     I^ouisville  Courier-Journal,  189(^-91. 

(Jyouisiana.)     Daily  I'icayune.  1898. 

(Montana.)  Helena  Journal,  1889.  Helena  Independent,  1889.  Helena 
Dally  Herald.  1889. 

(New  Hampshire.)  The  Manchester  Union,  1902.  Concord  Evening  Monitor, 
1902. 

(North  Dakota.)  Sioux  Falls  Daily  Press,  1889.  Bismarck  Daily  Tribune, 
1889.     Sioux  City  Journal,  1889. 

(South  Carolina.)     News  and  Courier,  Charleston,  1895-96. 

(South  Dakota.)     See  North  Dakota. 

(Utah.)     Salt  Lake  City  Tribune.  1895. 

(Virginia.)     Richmond  Times,  1901-2. 

(Washington.)     Morning  Oregonian,  Portland,  Oreg.,  1889. 

NEW  NETHERLAND 

Laws  and  Ordinances  of  New  Netlierlaiul  ( It;;i8-1674K  E.  P..  O'Callaghan, 
Albany:  1868. 

NEW  YORK 

The  Documentary  History  of  the  State  of  New  York.  E.  B.  O'Callaghan, 
15  vols.     Albany  :  185(>-1887. 

Journals  of  the  Provincial  Congress,  Provincial  Convention,  etc.,  of  the  State 
of  New  York   (1775-1777).     2  vols.     Albany:  1842. 

Journal  of  the  Convention  of  the  State  of  New  York.  Begun  and  held  at 
the  city  of  Albany  on  the  13th  day  of  October,  1801.  Albany:  MDCCCI. 
42  pp. 

Journal  of  the  Convention  of  the  State  of  New  York.  Begun  and  held  at 
the  capitol.  in  the  city  of  Albany,  on  the  twenty-eighth  day  of  August,  1821. 
Albany:  1821.  (Confine  and  Iveake,  printers  to  the  convention.)  564  pp. 
Index. 

Report  of  the  Debates  and  Proceedings  of  the  Convention  of  the  State  of 
New  York.     Held  at  the  capitol.  in  the  city  of  Albany,  on  the  28th  day  of  August. 


List  of  Authorities 


XX  VII 


1821.  By  L.  H.  Clarke.  New  York  :  Printed  by  .T.  Seymour.  49  .Tohn  street, 
Nov.,  1821.    367  pp. 

Reixtrts  of  the  rroceedings  and  Del)ates  of  the  Convention  of  1821,  assembled 
for  the  purpose  of  amending  the  Constitution  of  the  State  of  New  York. 
Albany:  1821.  (By  Nathaniel  H.  Carter  and  William  L.  Stone,  reporters,  and 
Marcus  T.  C.  Gould,  stenographer.)     703  pp. 

Manual  for  the  Use  of  the  Convention  to  Revise  the  Constitution  of  the  State 
of  New  York.  Convened  at  Albany,  June  1,  1846.  Prepared  pursuant  to  order 
of  the  convention,  by  the  secretaries,  under  supervision  of  a  select  committee. 
New  York :  1846.     371  pp. 

Journal  of  the  Convention  of  the  State  of  New  York.  Begun  and  held  at  the 
capitol,  in  the  city  of  Albany,  on  the  first  day  of  June,  1846.  Albany:  1846. 
1,648  pp. 

Report  of  the  Debates  and  Proceedings  of  the  Convention  for  the  Revision 
of  the  Constitution  of  the  State  of  New  York,  1846.  Reported  by  William  G. 
Bishop  and  William  H.  Attree.  Albany:  1846.  (Printed  at  the  ofiice  of  the 
Evening  Star.)     1,143  pp. 

Debates  and  Proceedings  in  the  New  York  State  Convention  for  the  Revision 
of  the  Constitution.  By  S.  Croswell  and  R  Sutton,  reporters  for  the  Argus. 
Printed  at  the  office  of  the  Albany  Argus,  1846.     948  pp. 

Constitution  of  the  State  of  New  York.  Adopted  in  1846.  With  a  compara- 
tive arrangement  of  the  constitutional  provisions  of  other  States,  classified  by 
their  subjects.  Prepai-ed  under  the  direction  of  a  committee  of  the  New  York 
Constitutional  Convention  of  1867.  .  By  Franklin  B.  Hough.  Albany,  N.  Y. : 
1867.    4°.    239  pp. 

Documents  of  the  Convention  of  the  State  of  New  York,  1867-68.  5  vols. 
Albany:  1868. 

Journal  of  the  Convention  of  the  State  of  New  York.  Begun  and  held  at  the 
capitol,  in  the  citv  of  Albany,  on  the  4th  day  of  June,  1867.  Albany :  1867. 
1,547  pp. 

Revision  Documents  of  the  Constitutional  Convention  of  the  State  of  New 
York,  1867-1868.    Albany  N.  Y. :  1868.  4°. 

Long  Island  Historical  Society.     Publications. 

New  York  Historical  Society.     Collections.         . 

Albany  Institute.     Transactions. 

The  Convention  Manual  for  the  Sixth  New  York  State  Constitutional  Conven- 
tion, 1894.  American  constitutions,  comprising  the  Declaration  of  Independence, 
the  Articles  of  Confederation,  the  Constitution  of  the  United  States,  and  the 
State  constitutions.  Prepared  in  pursuance  of  chapter  8  of  laws  of  1893,  and 
chapter  228  of  laws  of  1894,  under  the  direction  of  John  Palmer,  secretary  of 
state ;  James  A.  Roberts,  comptroller ;  Theo.  E.  Hancock,  attorney-general,  by 
George  A.  Glynn,  Syracuse,  compiler.     2  vols.     Albany  :  1894. 

Development  of  Constitutional  Law  in  New  York,  and  the  Constitutional  Con- 
vention of  1894.     H.  W.  Hill.    Buffalo :  1896. 

KOBTH  CAKOLIKA 

The  Colonial  Records  of  North  Carolina.  (1662-1776.)  10  vols.  Raleigh: 
1886-1890. 

Laws  of  North  Carolina.     F.  X.  Martin.     1715-1790.     New  Bern :  1804. 

North  Carolina :  A  Study  in  English  Colonial  Government.  C.  L.  Raper,  New 
York:  1906. 

Proceeding  and  Debates  of  the  Convention' held  July  21-August  4,  1788,  to 
Ratify  the  Constitution  of  the  United  States.  (North  Carolina.)  Edenton: 
1789.     280  pp. 

Proceedings  and  Debates  of  the  Convention  of  North  Carolina  called  to  Amend 
the  Constitution  of  the  State.  Raleigh,  June  4,  1835.  Raleigh :  1836.  424  pp. 
Index. 

History  of  North  Carolina.  2  vols.  Francis  Lester  Hawks.  Fayetteville : 
1857-58. 

Journal  of  the  Convention  of  North  Carolina,  May  20,  1861.  Raleigh :  1862. 
193  pp. 

Journal  of  Second  Session,  November  and  December,  1861.  Raleigh :  1862. 
86  pp. 

Journal  of  Third  Session,  January  and  February,  1862.  Raleigh:  1862. 
119  pp. 

Journal  of  Fourth  Session,  April  and  May,  1862.  Raleigh:  1862.  109  pp. 
Index. 


XXVIII  List  of  Authorities 

Journal  of  the  Convention  of  North  Carolina.  Session  of  1865.  Raleigh: 
18«5r>.     04  pp.     Index. 

Journal  of  the  Convention  of  North  Carolina,  Adjournetl  Session,  ISfifl. 
Raleigh:  18r)(5.     102  pp.     Index. 

Convention  Documents.  Session  of  1805.  Raleigh:  18(55.  With  constitution 
and  ordinances. 

Journal  of  the  C'onstltutlonal  Convention  of  North  Carolina,  18«>8.  Raleigh : 
1808.     488  pp.     Index. 

Constitution.  Ordinances.  Resolutions  of  Same.  Raleigh :  18(58.  129  pp. 
Index. 

Journal  of  the  [Constitutional!  Convention  fof  North  Carollnal,  January  14- 
March  17.  18(58.     Raleigh :  18(VS.     488  pp. 

Journal  of  the  [(Constitutional]  Convention,  Septeml)er  (5-Octol)er  11,  1875. 
Raleigh :  1875.     278+20  pp. 

NOHTH  DAKOTA 

Journal  of  the  [Constitutional]  Convention  |of  North  Dakota].  July  4-August 
17,  1889.  with  enal)ling  act  of  Congress  and  procetnlings  of  the  joint  high  com- 
mission for  dividing  Territorial  proi>erty.    Hismarck  :  1889.    400+16+32+7  pp. 

OHIO 

Journal  of  the  Convention  of  the  Territory  of  the  United  States  Northwest  of 
the  Ohio.  Begiui  and  held  at  Chilllcothe,  on  Monday  the  first  day  of  November, 
1802.  and  of  the  Independence  of  the  Unitetl  States  the  twenty-seventh.  Puh- 
li-shed  by  authority.     Columbus:  (Ohio)  1827.     42  pp. 

Reprint  of  same  in  Annual  Reiiort  of  the  Secretarj'  of  State  to  the  Governor 
of  the  State  of  Ohio,  1876.     Columbus :  1877.     pp.  35-74. 

Report  of  the  Debates  and  Proceedings  of  the  Convention  for  the  Revision  of 
the  Constitution  of  the  State  of  Ohio,  1850-51.  J.  V.  Smith,  official  reporter  to 
the  convention.    Columbus  :  1851.    2  vols.    751,  897  pp. 

Official  Report  of  the  Proceedings  and  Debates  of  the  Third  Constitutional 
Convention  of  Ohio,  Assembled  in  the  City  of  Columbus,  on  Tuesday,  May  13, 
1873.    Cleveland:  1873.     (Four  volumes;  2d  vol.  in  3  parts.) 

Ohio  Historical  and  Archaeological  Society.    Quarterly. 

OREGON 

Published  by  Authority.  Journal  of  the  Constitutional  Convention  of  the 
State  of  Oregon.  Held  at  Salem,  commencing  August  17,  1857;  together  with 
the  Constitution  adopted  by  the  i>eople.  November  9,  1857.  Salem.  Oregon : 
1882.     130  pp. 

OSGOOD 

The  American  Colonies  in  the  Seventeenth  Century.  2  vols.  Herbert  L. 
Osgood.    New  York  :  1900. 

PENNSYLVANIA 

The  Charters  and  Acts  of  Assembly  of  the  Province  of  Pennsylvania  [1744- 
1759].     2  vols.     Philadelphia:  1702. 

Pennsylvania  Colonial  Records  [1683-1790].     16  vols.     Philadelphia:  1852-53. 

Pennsylvania  Archives  [1(3(>4-1790].  Samuel  Hazard.  12  vols.  Philadel- 
phia: 1852-1856.  Second  Series.  19  vols.  Edited  by  J.  B.  Linn  and  W.  H. 
Egle.     Harrisburg:  1874-1890. 

Charter  to  William  Penn.  and  Laws  of  the  Province  of  Pennsylvania.  Passed 
between  the  years  1682  and  1700.  Preceded  by  Duke  of  York's  laws  in  force 
from  the  year  1682;  with  an  appendix  containing  laws  relating  to  the  organiza- 
tion of  the  provincial  courts  and  historical  matter.  Published  under  the  direc- 
tion of  John  Blair  Linn,  secretary  of  the  Commonwealth.  Complied  and  edite<l 
by  Staughton  George,  Benjamin  M.  Nead,  Thomas  McCamant.  Harrisburg: 
1879.     614  pp. 

The  Proceedings  Relative  to  Calling  the  Conventions  of  1770  and  1790.  The 
minutes  of  the  convention  that  forme<l  the  present  constitution  of  Pennsylvania, 
together  with  the  charter  to  William  Penn,  the  constitutions  of  1770  and  1790, 


List  of  Authorities  xxix 

and  a  view  of  the  proceedings  of  the  convention  of  1776,  and  the  council  of 
censors.     Harrisburg:  1825.     384  pp.     Index. 

Minutes  of  the  Convention  of  the  Commonwealth  of  Pennsylvania,  which 
commenced  at  Philadelphia,  on  Tuesday,  the  twenty-fourth  day  of  November,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and  eighty-nine,  for  the 
]>urpose  of  reviewing,  and  if  they  see  occasion,  altering  and  amending  the 
constitution  of  the  State.     Philadelphia  ;  MDCCLXXXIX.     14G  pp.    4°. 

Minutes  of  the  Grand  Committee  of  the  Whole  Convention  of  the  Common- 
wealth of  Pennsylvania  which  conmienced  at  Philadelphia  on  Tuesday,  the 
twenty-fourth  day  of  November,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-nine,  for  the  purpose  of  reviewing  and,  if  they  see  occasion, 
altering  and  amending  the  constitution  of  this  State.  Philadelphia :  Printed 
by  Zachariah  Paulson,  jun.,  in  Fourth  street,  between  Market  street  and  Arch 
street,     (n.  d.)     4°,     101  pp. 

Minutes  of  the  Second  Session  of  the  Convention  of  the  Commonwealth  of 
Pennsylvania,  which  commenced  at  Philadelphia  on  Monday,  the  ninth  day  of 
August,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  ninety, 
(n.  d.)     4°.     147-222  pp. 

Pennsylvania  and  the  Federal  Constitution,  1787-1788.  Edited  by  John 
Bach  McMaster  and  Frederick  D.  Stone.  The  Historical  Society  of  Pennsyl- 
vania:  1888.     803  pp. 

Proceedings  and  Debates  of  the  Convention  of  the  Commonwealth  of  Penn- 
sylvania to  Propose  Amendments  to  the  Constitution.  Commenced  and  held  at 
Harrisburg  on  the  second  day  of  May,  1837.  Reported  by  John  Agg,  stenog- 
rapher to  the  convention,  assisted  by  Messrs.  Kingman,  Drake,  and  M'Kinley. 
Harrisburg:  1837.     14  vols. 

Journal  of  the  Convention  of  the  State  of  Pennsylvania  to  Propose  Amend- 
ments to  the  Constitution.  Commenced  and  held  at  the  State  capitol,  in  Harris- 
burg, on  the  second  day  of  May,  1837.    Harrisburg  :  1837.    852  pp. 

Pennsylvania  Constitutional  Convention,  1872-1873 :  Its  Members  and  Officers 
and  the  Result  of  their  Labors.     By  A.  D.  Harlan.     Philadelphia  :  1873.    175  pp. 

Debates  of  the  Convention  to  Amend  the  Constitution  of  Pennsylvania.  Con- 
vened at  Harrisburg,  November  12,  1872 ;  adjourned  November  27,  to  meet  at 
Philadelphia,  January  7,  1873.     Hai*risburg:  1873.     9  vols.     Index. 

Journal  of  the  Convention  to  Amend  the  Constitution  of  Pennsylvania.  Con- 
vened at  Harrisburg,  November  12,  1872 ;  adjourned  November  27,  to  meet  at 
Philadelphia,  January  7,  1873.  In  two  parts.  Harrisburg:  1873.  1,424  pp. 
Index. 

The  Power  of  the  Constitutional  Convention,  containing  the  pleadings,  briefs, 
arguments  of  counsel,  and  opinion  of  the  judges  of  the  supreme  court  of  Penn- 
sylvania in  the  cases  of  Wells  and  Others  vs.  The  Election  Commissioners. 
The  arguments  are  published  from  the  stenographic  report  of  R.  A.  West. 
Philadelphia  :  1873.     20G  pp. 

An  Examination  of  the  Constitution  of  Pennsylvania,  exhibiting  the  deriva- 
tion and  history  of  its  several  provisions,  with  observations  and  occasional 
notes  thereon,  references  to  judicial  and  other  opinions  upon  their  construc- 
tion and  application,  to  statutes  for  their  enforcement,  and  to  parallel  provi- 
sions in  the  constitutions  of  other  American  States.  By  Charles  R.  Buckalew. 
Philadelphia  :  1883.     349  pp. 

Report  of  the  Connnission  to  Revise  the  Constitution  of  Pennsylvania.  Made 
to  the  legislature  January  29,  1875.     Harrisburg:  1875.     23  pp. 

Pennsylvania  Historical  Society.     Collections  and  Publications. 

PEHKY 

Historical  Collections  relating  to  the  American  Colonial  Church.  William 
Stevens  Pecry.     5  vols.     Hartford  :  1870-1878. 

PRESTON 

Documents  Illustrative  of  American  History.  H.  W.  Preston.  New  York : 
1886. 

PKINCE  SOCIETY 

Prince  Society.     Publications. 


xxX  List  of  Authorities 

KHODE  ISLAND 

Ftworils  of  the  Colony  of  Rbotlo  Island  ami  rrovUloiu-e  IMantatloii  in  New 
EuKlaiul.     10  vols.     Providence:  1850-18r>5.     (To  Im' used  with  caution.) 

Interference  of  the  Exe<'Utlve  in  the  ACfalh*  of  Rhode  Island.  (28th  Cong., 
1st  sess.     II.  Kept.  No.  54G.     1,075  pp.) 

Journal  of  the  Convention  Assembled  to  Frame  a  Constitution  for  the  State 
of  Rhode  Island,  at  Newport,  Sept.  12,  1842.  Printed  by  order  of  the  house  of 
r^resentatives.  at  its  January  session,  1859.     Providence:  1859.     r»9  pp. 

Rhode  Island  Historical  Society.    Collect ionit.  Proceedings,  and  Publications. 

SAINSBUSY 

Calendar  of  (British)  State  Papers.  Colonial  Series  (1574-167(5).  9  vols. 
W.  N.  Sainsbury.     Ixindon  :  1860-1893. 

Scribner's  Statistical  Atlas  of  the  United  tSates.     New  York  :  1885. 

SEWARD 

William  H.  Seward.  Works.  Edited  by  G.  E.  Baker.  5  vols.  New  York: 
185:^-54. 

STEVENS 

Sources  of  the  Constitution  of  the  United  States.  Considered  in  relation  to 
colonial  and  English  history.     C.  E.  Stevens.     New  York :  1894. 

SOITTH  CABOLINA 

Historical  Collections  of  South  Carolina  (1492-1776).  2  vols.  B.  R.  Carroll. 
New  York :  1836. 

The  History  of  South  Carolina.     Edward  McCrady.     New  York :  1906. 

Dociunents  Connected  with  the  History  of  South  Carolina.  C.  J.  Weston. 
London :  18i56. 

South  Carolina  as  a  Royal  Province.     W.  R.  Smith.     New  York  :  1906. 

.Tournal  of  the  Provincial  Congress  of  South  Carolina,  1776.  (With  the  con- 
stitution.)    Charles-Town  (reprint).     London:  1776.     134  pp. 

Journal  of  the  Convention  of  the  People  of  South  Carolina,  held  in  1860,  1861, 
and  1862,  together  with  the  ordinances,  reports,  resolutions,  etc.  Published  by 
order  of  the  convention.     Columbia,  S.  C. :  1862.     873  pp. 

Journal  of  the  Convention  of  the  People  of  South  Carolina,  held  in  Columbia, 
S.  C.  Septenil)er,  1865,  together  with  the  ordinances,  reports,  resolutions,  etc. 
Published  by  order  of  the  convention.     Columbia,  S.  C. :  1865.     216  pp. 

Proceetlings  of  the  Constitutional  Convention  of  South  Carolina,  hold  at 
Charleston,  S.  C,  beginning  January  14  and  ending  March  17,  1868.  including 
the  debates  and  proceedings.  Reported  by  J.  Woodruff,  phonographic  reporter. 
Published  by  order  of  the  convention.  Charleston,  S.  C. :  1868.  926  pp.  Con- 
stitution.    46  pp. 

Journal  of  the  Constitutional  Convention  of  the  State  of  South  Carolina. 
BegiHi  to  be  holden  at  Columbia,  S.  C,  on  Tuesday,  the  tenth  day  of  September, 
Ainio  Domini  eighteen  hundred  and  ninety-five,  and  continuetl,  with  divers 
adjournments,  until  Wednesday,  the  fourth  day  of  Dec-ember,  Anno  Domini 
eighteen  hundreil  and  ninety-five,  when  finally  adjourned.  Columbia,  S.  C. : 
1895.     741  pp.     Index. 

South  Carolina  Historical  Society.     Collections. 

STATXTTES  AT  LAKOE 

The  statutes  at  Large  of  the  United  States  of  America.  17  vols.  [1789- 
1873.]  Boston:  1850-1873.  Vols.  18-34.  [1873-1907.]  Washington,  Govern- 
ment Printing  Office :  1873-1907. 

STORT 

Commentaries  on  the  Constitution.  4  vols.  Joseph  Story.  4th  ed.  (T.  M. 
Cooley.  editor.) 

TENNESSEE 

Proceetlings  of  the  I^egislative  Council  of  the  Territory  of  the  United  States 
of  America  South  of  the  River  Ohio.  Begini  and  held  at  Knoxville  the  25th 
day  of  August,  1794.     Knoxville :  1794 ;  Nashville :  1852.    35  pp. 


List  of  Authorities  xxxi 

Journal  of  the  Proceedings  of  the  House  of  Representatives  of  the  Territory 
of  the  United  States  South  of  the  River  Ohio.  Begun  and  held  at  Knoxville 
the  25th  day  of  August,  1794.     Knoxville :  1794 ;  Nashville :  1852.     43  pp. 

Journal  of  the  Proceedings  of  the  Legislative  Council  of  the  Territory  of  the 
United  States  of  America  South  of  the  River  Ohio.  Begun  and  held  at  Knox- 
ville the  29th  day  of  June,  1795.     Knoxville:  1795;  Nashville:  1852.     14  pp. 

Journal  and  Pi'oceedings  of  the  House  of  Representatives  of  the  Territorj' 
of  the  United  States  of  America  South  of  the  River  Ohio.  Begun  and  held  at 
Knoxville  the  29th  day  of  June,  1795.     Knoxville :  1795  ;  Nashville :  1852.     19  pp. 

Journal  of  the  Proceedings  of  a  Convention  begun  and  held  at  Knoxville 
January  11,  1796.     Knoxville :  1796 ;  Nashville :  1852.     32  pp. 

Journal  of  the  Proceedings  of  the  Convention  of  Delegates,  Elected  by  the 
People  of  Tennessee  to  Amend,  Revise,  or  Form  and  Make  a  New  Constitution 
for  the  State.  Assembled  in  the  city  of  Nashville,  January  10,  1870.  Nashville : 
1870.     467  pp. 

TEXAS 

Convention  at  San  Felipe,  1832.  (Pres.  S.  F.  Austin.)  Proceedings  of  the 
general  convention  of  delegates  representing  the  citizens  and  inhabitants  of 
Texas.  Held  at  the  town  of  San  Felipe,  in  Austin's  Colony,  October  1-6,  1832. 
35  pp.     8°.     Brazoria :  1832. 

The  First  Political  Convention  held  in  Texas.  Memorial  of,  to  the  General 
Congress,  that  Texas  be  separated  from  Coahuila  and  be  admitted  as  a  State 
into  the  Mexican  Confederacy. 

Convention  of  the  People  of  Texas  at  San  Felipe  de  Austin,  April  1,  1833. 
(Pres.  Wm.  II.  Wharton.)  No  published  account.  Sam  Houston  made  his 
d^but  as  a  delegate  from  Nacogdoches.  Burnet's  memorial  to  U.  S.  Cong,  to 
admit  Texas  into  the  Union.  Reported  by  Houston,  who  was  chosen  to 
present  it.     Mission  a  failure. 

Convention  at  Washington,  1836.  (Pres.  Rich'd  Ellis.)  Journal  of  the  con- 
vention held  at  Washington,  on  the  Bfazos,  March  1-17,  1836.  Pamphlet.  8°. 
109  pp.     Houston  :  1836. 

The  Constitution  of  the  Republic  of  Mexico  and  of  the  State  of  Coahuila  and 
Texas.  Containing  also  an  abridgment  of  the  laws  of  the  general  and  State 
governments  relating  to  colonization,  with  sundry  other  laws  and  documents  not 
before  published,  particularly  relating  to  Coahuila  and  Texas.  The  documents 
relating  to  the  Galveston  Bay  and  Texas  Land  Company ;  the  grants  to  Messrs. ' 
Wilson  and  Exeter  and  to  Col.  John  Dominguez,  with  a  description  of  the  soil, 
climate,  productions,  local  and  commercial  advantages  of  that  interesting  coun- 
try.    New  York :  Ludwig  &  Tolefree,  printers.     18.32.     113  pp. 

Journals  of  the  Convention  Assembled  at  the  City  of  Austin,  July  4,  1845, 
for  the  Purpose  of  Forming  a  Constitution  for  the  State  of  Texas.     8°.     378  pp. 

Debates  in  Same.  8°.  759  pp.  Constitution  and  ordinances.  32,  1,169  pp. 
Austin :  1845. 

Record  of  the  Journal  of  the  Convention  of  the  People  of  Texas  which 
Assembled  at  the  City  of  Austin  on  the  28th  day  of  January,  A.  D.  1861,  and 
which  abrogated  the  Articles  of  Convention  between  the  State  and  the  Govern- 
ment of  the  United  States  of  America,  and  annexed  the  State  of  Texas  to  the 
Confederate  States  of  America.  Recorded  by  order  of  the  convention,  1861.  In 
MSS.,  223  pp.,  50  lines  to  p.,  10  words  to  line ;  never  printed.  Appendix,  pp.  , 
225-354.  (Reports  of  committee  of  public  safety.)  Index,  pp.  357-380.  O.  M. 
Roberts,  pres.     Adjourned.  March  26,  1801.     Secy,  state's  office. 

Journal  of  the  Texas  State  Convention.  Assembled  at  Austin  Feb.  7,  1866; 
adjourned  April  2,  1866.     Austin :  1866.     391  pp. 

The  Constitution,  as  Amended,  and  Ordinances  of  the  Convention  of  1866; 
together  with  the  proclamation  of  the  governor  declaring  the  ratification  of  the 
amendments  to  the  constitution  and  the  general  laws  of  the  regular  session  of 
the  eleventh  legislature  of  the  State  of  Texas.  By  authority.  Austin :  1866. 
272  pp.     Index. 

Journal  Reconstruction  Convention,  State  of  Texas,  First  Session,  June  1  to 
Aug.  31,  1868.  944  pp.  8°.  App.  pp.  947-992.  Index,  pp.  995-1089.  Austin : 
1870. 

The  Same,  second  session.  (Dec.  7,  1868,  to  Feb.  6,  1869.)  529  pp.  List 
of  delegates,  pp.  533-535.     Index,  pp.  539-576. 

Journal  of  the  Reconstruction  Convention  which  met  at  Austin,  Texas,  Dec. 
7,  A.  D.  1868.     Second  session.     Austin :  1870.     576  pp. 

Journal  of  the  Constitutional  Convention  of  the  State  of  Texas.  Begun  and 
held  at  the  city  of  Austin  September  6,  1875.     Galveston :  1875.    821  pp.     Index. 


XXXII  List  erf  Authorities 

Reports  of  the  Constltutloual  Convention  of  the  State  of  Texas.  J.  D.  Logan 
&  Co.,  book  uud  Job  printers :  1875.     10  pp. 

THOKPE 

A  Constitutional  History  of  the  Amerk-au  People  [1 770-1 8r>0].  2  vols.  Fran- 
cis Newton  Tliorr)e.  New  York:  1808.  [Devoted  wholly  to  the  constitutional 
development  of  the  States.] 

A  Constitutional  History  of  the  United  States.  1705-1895.  3  vols.  Francis 
Newton  Thorpe.     Chicago:  1901. 

A  Short  Constitutional  IIii|^ory  of  the  United  States.  Francis  N.  Thorpe. 
Boston:  1904.     [Treats  of  state  and  national  constitutions.] 

TILDEN 

Samuel  J.  Tllden.  Writings  and  si»ceches.  Edlte<l  by  John  Blgelow.  2  vols. 
New  York :  1885. 

TSEATIES    (AND   CONVENTIONS) 

Treaties  and  Conventions  Concluded  between  the  United  States  and  other 
Powers  since  July  4,  177G.     Washington:  1889. 

VNITED  STATES   (CONSTITUTION) 

Elliot's  Debates.    5  vols.     Philadelphia :  1881. 

(The  bil)liography  of  the  sources  is  well  covered  by  the  notes  in  the  con- 
stitutional histories  of  the  United  States  cited  in  this  list  of  authorities.) 

Studies  In  the  History  »f  the  Federal  Convention  of  1787.  John  F.  Jameson. 
Ileiiort  of  the  American  Historical  Association,  1902.     vol.  1.     pp.  89-1G7. 

Secret  Proceedings  and  Debates  of  the  Convention  Assembled  at  IMiiladelphIa 
In  the  Year  1787  for  the  PuriM)se  at  Forming  the  Constitution  of  the  United 
States  of  America.  From  the  notes  taken  by  the  late  Robert  Yates,  esq.,  chief 
justice  of  New  York,  and  copied  by  John  Lansing,  jun.,  esq.,  late  chancellor  of 
that  State,  members  of  that  convention.  Including  the  "  Genuine  Information  " 
laid  before  the  legislature  of  Maryland,  by  Luther  Martin,  esq.,  then  attorney- 
general  of  that  State,  and  a  member  of  the  same  convention.  Also  other  his- 
torical documents  relative  to  the  Federal  Compact  of  the  North  American 
Unions.     Albany  :  1821.     .308  pp. 

Alexander  Hamilton's  Notes  on  the  Federal  Convention  of  1787.  American 
Historical  Review.     October,  1904. 

Portions  of  Charles  PInckney's  Plan  for  a  Constitution,  1787.  American  His- 
torical Review.     April,  1903. 

Sketch  of  PInckney's  Plan  for  a  Constitution,  1787.  American  Historical 
Review.     July.  1904. 

Papers  of  William  Paterson  on  the  Federal  Convention.  American  Historical 
Review.     January,  1904. 

PaiK?rs  of  Dr.  James  McHenry  on  the  Federal  Convention  of  1787.  American 
Historical  Review.     April,  190(j. 

Documentary  History  of  the  Constitution  of  the  United  States  of  America, 
1787-1790.  Derived  from  tlie  records,  manuscripts,  and  rolls  deposited  In  the 
Bureau  of  Rolls  and  library  of  the  Department  of  State.  3  vols.  Washington : 
Department  of  State,  1894. 

Pamphlets  on  the  Constitution  of  the  United  States.  I'ublishetl  during  its 
discussion  by  the  i)eopIe,  1787-1788.  P^dited  with  notes  and  a  bibliography  by 
Paul  Lek-ester  Ford.     Brooklyn,  N.  Y. :  1888.     451  pp. 

The  Federal  and  State  Constitutions,  Colonial  Charters,  and  Other  Organic 
Laws  of  the  United  States.  2  pts.  Washington,  Government  Printing  Office: 
[Compiled  by  Ben:  Perley  Poore]  1877. 

UTAH 

Official  Report  of  the  Proceedings  and  Debates  of  the  Convention  Assembled 
March  4,  18}>5,  to  Adopt  a  Constitution  for  the  State  of  Utah.  2  vols.  Salt 
I^ke  City :  1898. 

VEEXONT 

Vermont  State  Papers ;  Being  a  Collection  of  Records  and  Documents  Con- 
nected with  the  Assumption  and  Establishment  of  Government  by  the  People  of 


List  of  Authorities  xxxiii 

Vermont;  together  with  the  journal  of  the  council  of  safety,  the  first  consti- 
tution, the  early  journals  of  the  general  assembly,  and  the  laws  from  the  year 
1779  to  178G,  inclusive.  To  which  are  added  the  Proceedings  of  the  first  and 
second  councils  of  censors.  Compiled  and  published  by  William  Slade,  jun., 
Secretary  of  State.     Middlebury :  1823.     507  pp. 

Journal  of  the  Council  of  Censors,  at  their  Sessions  in  June  and  October, 
1820,  and  March,  1821,  Published  by  order  of  council.  Danville  (Vt.)  :  1821. 
(^Ipp. 

Journal  of  the  Convention  of  Vermont  Assembled  at  the  State  House,  at 
Montpelier,  on  the  21st  day  of  February,  and  dissolved  on  the  23d  day  of  Febru- 
arj',  1822.     Published  by  order  of  convention.     Burlington  :  1822.     39  pp. 

Journal  of  the  Council  of  Censors,  at  their  Sessions  at  Montpelier  and  Burling- 
ton, in  June,  October,  and  November,  1827.  Published  by  order  of  council. 
Montpelier,  Vt. :  1828.    48  pp. 

Journal  of  the  Convention  Holdeu  at  Montpelier  on  the  Gth  day  of  January, 
A.  D.  1836,  Agreeable  to  the  Ordinance  of  the  Council  of  Censors,  Made  on  the 
16th  day  of  January,  1835 ;  together  with  the  amendments  of  the  constitution,  as 
adopted  by  the  convention,  and  the  whole  of  the  constitution  of  the  State  of  Ver- 
mont as  now  in  force.  Published  by  order  of  the  convention.  St.  Albans:  1836. 
124  pp. 

Journal  of  the  Sessions  of  the  Council  of  Censors  of  the  State  of  Vermont, 
held  at  Montpelier  in  June  and  October,  A.  D.  1841,  and  at  Burlington  in  Feb- 
ruary, A.  D.  1842.    Burlington  :  1842.    75  pp. 

Journal  of  the  Convention  Holden  at  Montpelier  on  the  Fourth  day  of  Janu- 
ary, A.  D.  1843,  agreeable  to  the  Ordinance  of  the  Council  of  Censors.  Pub- 
lished by  order  of  the  convention.    Montpelier :  1843.    84  pp. 

The  Journal  of  the  Council  of  Censors  of  the  State  of  Vermont,  at  their  Sev- 
eral Sessions  in  Montpelier  and  Burlington,  1848-49.  Published  by  authority. 
Burlington:  1849.    87  pp. 

Journal  of  the  Constitutional  Convention  Holden  at  Montpelier  on  the  second 
day  of  January,  A.  D.  1850.  Published  by  order  of  the  convention.  Burlington : 
1850.    114  pp. 

The  Journal  of  the  Council  of  Censors  of  the  State  of  Vermont,  at  their  Sev- 
eral Sessions  in  Montpelier  and  Middlebury,  1855-56.  Published  by  authority. 
Middlebury:  1856.  108  pp. 

Journal  of  the  Proceedings  of  the  Constitutional  Convention  Assembled  at 
Monti^elier  on  the  first  Wednesday  of  January,  1857.     Burlington  :  1856.     39  pp. 

Journal  of  the  Council  of  Censors  of  the  State  of  Vermont,  at  its  first  Session 
in  Montpelier,  June,  1862.  Published  by  order  of  council.  Montpelier :  1862. 
24  pp. 

Journal  of  the  Council  of  Censors  of  the  State  of  Vermont,  at  its  several  Ses- 
sions held  in  Montpelier,  1869.  Published  by  order  of  council:  Montpelier: 
1869. 

.Journal  of  the  Proceedings  of  the  Constitutional  Convention  of  the  People  of 
^'crmont.  Begun  and  held  at  the  State  House  In  Montpelier  on  the  8th  of  June, 
1870.     Printed  by  authority.     Burlington :  1870.     75  pp.     Appendix. 

Collections  of  the  Vermont  Historical  Society.  Prepared  and  published  by  the 
printing  and  publishing  committee  in  pursuance  of  .a  vote  of  the  society.  2  vols. 
Montpelier:    1870. 

Vermont  Historical  Society.    Proceedings. 

VIRGINIA 

The  Statutes  at  Large  (1619-1692).  13  vols.  W.  W.  Henlng.  Philadelphia 
and  New  York  :   1823. 

Colonial  Records  of  Virginia.  Th.  H.  Wynne,  W.  S.  Oilman.  Richmond: 
1874. 

Ordinances  Passed  at  a  General  Convention  of  Delegates  and  Representatives 
from  the  Several  Counties  and  Corporations  of  Virginia.  Held  at  the  capitol 
in  the  city  of  Williamsburg  on  Monday,  the  6th  of  May,  anno  Dom.  1776. 
Reprinted  by  a  resolution  of  the  house  of  delegates,  of  the  24th  February.  1816. 
Richmond  :    1816.    19  pp. 

The  Proceedings  of  the  Convention  of  Delegates  for  the  Counties  and  Cor- 
porations in  the  Colony  of  Virginia.  Held  at  Richmond  Town,  in  the  county  of 
Henrico,  on  the  20th  March,  1775.  Reprinted  by  a  i-esolutlon  of  the  house  of 
delegates  of  the  24th  February,  1816.    Richmond :  1816.    4".    116  pp. 

7251— voi>  1—07 3 


XXXIV  List  of  Authorities 

The  Proceedings  of  the  C'ouveutiou  of  Delegates  Held  at  the  Capitol,  in  the 
fMty  of  Williamsburg,  in  the  Colony  of  Virginia,  on  Monday,  the  (ith  of  May, 
177<).  Reprinted  by  a  resolution  of  the  house  of  delegates  of  the  24th  Foliniary, 
ISlC.     Hichmond:    181(1.    4°.    80  pp. 

Debates  and  Other  ProcetHllngs  of  the  Convention  of  Virginia.  Convened  at 
Uichniond  on  Monday  the  seeond  day  of  June,  1878.  for  the  purpose  of  deliberat- 
ing on  the  fonstitution  recommended  by  the  Grand  Fetleral  Convention ;  to 
which  is  i)refixed  the  Federal  Constitution.    2d  ed.    Richmond:  1805.    479  pp. 

Journal  of  the  Convention  of  Virginia.  Held  in  the  city  of  Richmond  on  the 
first  Morida.v  in  June  in  the  year  of  our  Ix)rd  one  thousand  seven  hundred  and 
elghty-eigh*.     Richmond:  1827.     39  pp. 

Journal,  Acts  and  Proceedings  of  a  General  Convention  of  the  Commonwealth 
of  Virginia,  ARsemble<l  in  Richmond  on  Monday,  the  fifth  day  of  Octol)er  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty-nine.  Richmond : 
1829.    302  pp.     Reports  In  appendix. 

Proceedings  and  Debates  of  the  Virginia  State  Convention  of  1829-30.  Rich- 
mond :  1830.     919  pp. 

Journal.  Acts  and  Proceedings  of  a  General  Convention  of  the  State  of 
Virginia,  Assembled  at  Richmond  on  Monday  the  14th  day  of  October.  18.50. 
Richmond :  1850.    422  pp.     Appendix. 

Documents  Containing  StatLstlcs  of  Virginia.  Ordered  to  Ite  printed  by  the 
State  convention,  sitting  in  the  city  of  Richmond,  1850-51.    Richmond:  1851. 

Journal  of  the  House  of  Delegates  of  the  State  of  Virginia  for  the  Extra 
Session,  18G1.     Wheeling :  18G1.     104  pp. 

Journal  of  the  Acts  and  Procee<lings  of  a  (ieneral  Convention  of  the  State  of 
Virginia,  Assembletl  at  Richmond  on  Wednesday  the  thirteenth  day  of  Feb- 
ruary, eighteen  hundretl  and  sixty -one.  Richmond:  1861.  (With  ordinances 
adopted  at  various  sessions.) 

Journal  of  the  Constitutional  Convention  which  convened  at  Alexandria  on 
the  1.3th  day  of  February,  18G4.  Alexandria :  1864.  52  pp.  Constitution  and 
Ordnances  of  the  Same.     30  pp. 

The  Debates  and  Proceedings  of  the  Constitutional  Convention  of  the  State  of 
Virginia,  Assembled  at  the  City  of  Richmond,  Tuesday,  December  3,  1867.  vol. 
1.     Richmond :  1808.     750  pp. 

Journal  of  the  Constitutional  Convention  of  the  State  of  Virginisi.  Convened 
In  the  City  of  Richmond,  December  3,  1867.     Richmond :  1867.     391  pp. 

Documents  of  the  Constitutional  Convention  of  the  State  of  Virginia.  Rich- 
mond :  18G7.     310  pp. 

Tlie  History  of  Virginia  Conventions,  with  the  Constitutions  of  1867-68  and 
1901-2.     J.  N.  Brenaman.     Richmond :  1902. 

Journal  [and  Documentsl  of  the  Convention  at  Richmond,  June  12,  1901- 
(Jime  2<;.  1902).     Richmond:  1901.     .-)74  i)p. 

Virginia  Magazine  of  History  and  Biographj-. 

Virginia  Historical  Register. 

Virginia  Historical  Society.    Collections. 

WASHINGTON 

George  Washington.  Writings.  Editetl  by  .Tared  Sparks.  12  vols.  Boston: 
1837. 

George  Washington.  Writings.  F^diteil  by  W.  C.  Ford.  14  vols.  New  York: 
1889-1893. 

WEBSTEB 

Daniel  Webster.     Works,     a  vols.     Boston :  1851. 

Daniel  Webster.  Private  Cx)rrespondence.  Edite«l  by  Fletcher  Webster.  2 
vols.     Boston:  1857. 

WEST  VISOINIA 

Journal  of  the  Constitutional  Convention.  assemble<l  at  Charleston,  West 
Virginia.  Januarj'  16.  1872.  Charleston :  1872.  353  pp.  Standing  committees 
and  rules  ;  Reports.  &c. 

WILSON 

James  Wilson.     Works.     3  vols.     Philadelphia :    1804. 


List  of  Authorities  xxxv 

WINSOR 

The  Narrative  aud  Critical  History  of  America.  Edited  bv  Justin  Wiiisor. 
8  vols.     Boston  :  1886-1889. 

WISCONSIN 

Journal  of  the  Convention  to  form  a  Constitution  for  the  State  of  Wisconsin. 
Kegun  and  lield  at  Madison  on  the  fifth  day  of  October,  one  thousand  eight  hun- 
dred and  forty-six.     Madison,  W.  T. :  1847.     50G  pp. 

Journal  of  the  Convention  to  form  a  Constitution  for  the  State  of  Wisconsin : 
with  a  sketch  of  the  debates,  begun  and  held  at  Madison,  on  the  fifteenth  day  of 
December,  eighteen  hundred  and  forty -seven.  By  authority  of  the  convention. 
Madison,  W.  T. :  1848.     678  pp. 

State  Historical  Society  of  Wisconsin.     Collections. 

WOODBURY 
Levi  Woodbury.     Writings.     3  vols.     Boston :    1852. 

WYOMING 

Journal  and  Debates  of  the  Constitutional  Convention  of  the  State  of  Wyom- 
ing. Begun  at  the  City  of  Cheyenne  on  September  2,  1889,  and  concluded  Sep- 
tember 30,  1889.  Printed  by  authority.  Cheyenne,  Wyo. :  1893.  864  pp.  Con- 
stitution.    Index. 


Organic  Laws 

of  the  United  States  of  America 


DECLARATION  OF  INDEPENDENCE*" 

In  Congress,  July  4,  1776 
The  unanimous  Declaration  of  the  thirteen  united  States  of  America 

When  in  the  Course  of  human  events,  it  becomes  necessary  for 
one  people  to  dissolve  the  political  bands  which  have  connected  them 
with  another,  and  to  assume  among  the  Powers  of  the  earth,  the 
separate  and  equal  station  to  which  the  Laws  of  Nature  and  of 
Nature's  God  entitle  them,  a  decent  respect  to  the  opinions  of  man- 
kind requires  that  they  should  declare  the  causes  which  impel  them 
to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal,  that  they  are  endowed  by  their  Creator  with  certain  unalien- 
able Rights,  that  among  these  are  Life.  Liberty  and  the  pursuit  of 
Happiness.  That  to  secure  these  rights,  Governments  are  instituted 
among  Men,  deriving  their  just  powers  from  the  consent  of  the  gov- 

*  Text  in  Revised  Statutes  (ed.  1878).  Facsimile  of  the  engrossed  copy  in 
Force's  American  Archives,  Series  V.,  I.,  1597. 

o  The  delegates  of  the  United  Colonies  of  New  Hampshire ;  Massachusetts 
Bay ;  Rhode  Island  and  Providence  Plantations ;  Connecticut ;  New  York ;  New 
Jersey ;  Pennsylvania ;  New  Castle,  Kent,  and  Sussex,  in  Delaware ;  Maryland ; 
Virginia ;  North  Carolina,  and  South  Carolina.  In  Congress  assembled  at  Phila- 
delphia, Resolved  on  the  10th  of  May,  177G,  to  recommend  to  the  respective 
assemblies  and  conventions  of  the  United  Colonies,  where  no  government  suffi- 
cient to  the  exigencies  of  their  affairs  had  been  established,  to  adopt  such  a 
government  as  should,  in  the  opinion  of  the  representatives  of  the  people,  best 
conduce  to  the  happiness  and  safety  of  their  constituents  in  particular,  and  of 
America  in  general.  A  preamble  to  this  resolution,  agreed  to  on  the  15th  of 
May,  stated  the  intention  to  be  totally  to  suppress  the  exercise  of  every  kind 
of  authority  under  the  British  crown.  On  the  7th  of  .Tune,  certain  resolutions 
respecting  independency  were  moved  and  seconded.  On  the  10th  of  .Tunc,  it 
was  resolved,  that  a  committee  sh(mld  be  appointed  to  prepare  a  declaration 
to  the  following  effect :  "  That  the  United  Colonies  are,  and  of  right  ought 
to  be,  free  and  independent  States ;  that  they  are  absolved  from  all  allegiance 
to  the  British  crown;  and  that  all  political  connection  between  them  and  the 
State  of  Great  Britain  is,  and  ought  to  be,  totally  dissolved."  On  the  preced- 
ing day  it  was  determined  that  the  committee  for  preparing  the  declaration 
should  consist  of  five,  and  they  were  chosen  accordingly,  in  the  following  order: 
Mr.  Jefferson,  Mr.  J.  Adams,  Mr.  Franlclin.  Mr.  Sherman.  Mr.  R.  R.  Livingston. 
On  the  11th  of  June,  a  resolution  was  passed  to  appoint  a  committee  to  pre- 
pare and  digest  the  form  of  a  confederation  to  be  entered  into  between  the 
colonies,  and  another  committee  to  prepare  a  plan  of  treaties  to  be  proposed  to 
foreign  powers.  On  the  12th  of  June,  it  was  resolved,  that  a  committee  of 
Congress  should  be  appointed  by  the  name  of  a  board  of  war  and  ordnance, 
to  consist  of  five  members.  On  the  25th  of  June,  a  declaration  of  the  deputies 
of  Pennsylvania,  met  in  provincial  conference,  expressing  their  willingness  to 
concur  in  a  vote  declaring  the  United  Colonies  free  and  independent  States, 
was  laid  before  Congress  and  read.  On  the  28th  of  June,  the  committee 
apiwinted  to  prepare  a  declaration  of  independence  brought  in  a  draught,  which 


4  Declaration  of  Independence 

erned,  That  whenever  any  Form  of  Governnicnt  becomes  destructive 
of  these  ends,  it  is  the  Right  of  the  People  to  alter  or  to  abolish  it, 
and  to  institute  new  Government,  laying  its  foundation  on  such  prin- 
ciples and  organizing  its  i)o\vers  in  such  form,  as  to  them  shall  seem 
most  likely  to  effect  their  Safety  and  Happiness.  Prudence,  indeed, 
will  dictate  that  (lovernments  long  established  should  not  be  changed 
for  light  and  transient  causes;  and  accordingly  all  experience  hath 
shown,  that  mankind  are  more  disposed  to  suffer,  while  evils  arc 
suffcrable,  than  to  right  themselves  by  abolishing  the  forms  to  which 
they  are  accustomed.  But  when  a  lon^  .train  or  abuses  and  usurpa- 
tions, pursuing  invariably  the  same  Obiect  evinces  a  design  to  reduce 
them  under  absolute  Despotism,  it  is  their  right,  it  is  their  duty,  to 
throw  off  such  Government,  and  to  provide  new  Guards  for  their 
future  security. — Such  has  been  the  patient  sufferance  of  these  Col- 
onies; and  such  is  now  the  necessity  which  constrains  them  to  alter 
their  former  Systems  of  Government.  The  history  of  the  present 
King  of  Great  Britain  is  a  history  of  repeated  injuries  and  usurpa- 
tions, all  having  in  direct  object  the  establishment  of  an  absolute 
T3Tanny  over  these  States.  To  prove  this,  lets  Facts  be  submitted 
to  a  candid  world. 

He  has  refused  his  Assent  to  Laws,  the  most  wholesome  and  neces- 
sary for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  Laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his 
Assent  should  be  obtained;  and  when  so  suspended,  he  has  utterly 
neglected  to  attend  to  them. 

He  has  refused  to  pass  other  Laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right  of 

was  read,  and  ordered  to  lie  on  the  table.  On  the  1st  of  July,  a  resolution 
of  the  convention  of  Maryland,  passetl  the  28th  of  .Tune,  authorizing  the 
deputies  of  that  colony  to  t-oncur  in  declaring  the  I'ujted  Colonies  free  and 
independent  States,  was  laid  before  Congress  and  read.  On  the  same  day 
Congress  resolved  itself  into  a  committee  of  the  whole,  to  take  into  considera- 
tion the  resolution  resjjectlng  independency.  On  the  2d  of  .July,  a  resolution 
declaring  the  colonies  free  and'  independent  States,  was  adopted.  A  declara- 
tion to  that  effect  was,  on  the  same  and  the  following  days,  taken  into  further 
consideration.  Finally,  on  the  4th  of  .July,  the  Declaration  of  Independence 
was  agreed  to,  engrossetl  on  paper,  signed  by  .John  Hancock  as  President,  and 
directed  to  l>e  sent  to  the  several  assemblies,  conventions,  and  committees,  or 
councils  of  safety,  and  to  the  several  commanding  officers  of  the  continental 
troops,  and  to  be  proclaimed  in  each  of  the  United  States,  and  at  the  head  of 
the  Army.  It  was  also  ordered  to  t>e  entered  upon  the  Journals  of  Congress, 
and  on  the  2d  (tf  August,  a  copy  engros.sed  on  parchment  was  signed  by  all  but 
one  of  the  flfty-si.x  signers  whose  names  are  apj^ended  to  it.  That  one  was 
Matthew  Thornton,  of  New  Hampshire,  who  on  taking  his  seat  in  November 
aske<l  and  obtained  the  privilege  of  signing  it.  Several  who  signed  it  on  the 
2d  of  August  were  al>sent  when  it  was  adopted  on  the  4tb  of  July,  but,  approv- 
ing of  it.  they  thus  signified  their  approl)ation. 

NoTK. — The  proof  of  this  document  as  published  above,  was  read  by  Mr.  Fer- 
dinand Jeffei'son,  the  Keeiier  of  the  Rolls  at  the  Department  of  State,  at  Wash- 
ington, who  compared  it  with  the  fac-simile  of  the  original  in  his  custody.  He 
says:  "In  the  fac-slmile,  as  in  the  original,  the  whole  instrument  runs  on 
without  a  break,  but  dashes  are  mostly  inserted.  I  have,  in  this  copy,  followed 
the  arrangement  of  paragraphs  adopted  in  the  publication  of  the  Declaration 
in  the  newspaper  of  John  Dunlap,  and  as  printed  by  him  for  the  Congress, 
which  printed  copy  is  inserted  in  the  original  .Journal  of  the  old  Congress.  The 
same  paragraphs  are  also  made  by  the  author,  in  the  original  draught  preserved 
in  the  Department  of  State." 


Declaration  of  Independence  5 

Kepresentation  in  the  Legislature,  a  riglit  inestimable  to  them  and 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  uncom- 
fortable, and  distant  from  the  depository  of  their  Public  Records,  for 
the  sole  purpose  of  fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  Representative  Houses  repeatedly,  for  opposing 
with  manly  firmness  his  invasions  on  the  rights  of  the  people. 

He  has  refused  for  a  long  time,  after  such  dissolutions,  to  cause 
others  to  be  elected;  whereby  the  Legislative  Powers,  incapable  of 
Annihilation,  have  returned  to  the  l*eople  at  large  for  their  exercise; 
the  State  remaining  in  the  mean  time  exposed  to  all  the  dangers  of 
invasion  from  without,  and  convulsions  within. 

He  has  endeavoured  to  prevent  the  population  of  these  States;  for 
that  purpose  obstructing  the  Laws  for  Naturalization  of  Foreigners; 
refusing  to  pass  others  to  encourage  their  migration  hither,  and  rais- 
ing the  conditions  of  new  Appropriations  of  Lands. 

He  has  obstructed  the  Administration  of  Justice,  by  refusing  his 
Assent  to  Laws  for  establishing  Judiciary  Powers. 

He  has  made  Judges  dependent  on  his  Will  alone,  for  the  tenure  of 
their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  New  Offices,  and  sent  hither  swarms 
of  Officers  to  harrass  our  People,  and  eat  out  their  substance. 

He  has  kept  among  us.  in  times  of  j:>eace.  Standing  Armies  without 
the  Consent  of  our  legislature. 

He  has  affected  to  render  the  Military  independent  of  and  superior 
to  the  Civil  Power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdicftion  foreign 
to  our  constitution,  and  unacknowledged  by  our  laws;  giving  his 
Assent  to  their  Acts  of  pretended  Legislation : 

For  quartering  large  bodies  of  armed  troops  among  us: 

For  protecting  them,  by  a  mock  Trial,  from  Punishment  for  any 
Murders  which  thev  should  commit  on  the  Inhabitants  of  these 
States : 

For  cutting  off  our  Trade  with  all  parts  of  the  world : 

For  imposing  Taxes  on  us  without  our  Consent: 

For  depriving  us  in  many  cases,  of  the  benefits  of  Trial  by  Jury : 

For  transporting  us  beyond  Seas  to  be  tried  for  pretended  offences: 

For  abolishing  the  free  System  of  English  Laws  in  a  neighbouring 
Province,  establishing  therein  an  Arbitrary  government,  and  enlarg- 
ing its  Boundaries  so  as  to  render  it  at  once  an  example  and  fit  instru- 
ment for  introducing  the  same  absolute  rule  into  these  Colonies: 

For  taking  away  our  Charters,  abolishing  our  most  valuable  Laws, 
and  altering  fundamentally  the  Forms  of  our  Governments: 

For  suspending  our  own  Legislatures,  and  declaring  themselves 
invested  with  Power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  Government  here,  by  declaring  us  out  of  his 
Protection  and  waging  War  against  us. 

He  has  plundered  our  seas,  ravaged  our  Coasts,  burnt  our  towns, 
and  destroyed  the  Lives  of  our  people. 

He  is  at  this  time  transporting  large  Armies  of  foreign  Mercenaries 
to  compleat  the  works  of  death,  desolation  and  tyranny,  already  begun 
with  circumstances  of  Cruelty  &  perfidy  scarcely  paralleled  in  the  most 
barbarous  ages,  and  totally  unworthy  the  Head  of  a  civilized  nation. 


6  Declaration  of  Independence 

He  has  constrained  our  fellow  Citizens  taken  Captive  on  the  high 
Seas  to  l)ear  Arms  against  their  Country,  to  become  the  executioners 
of  their  friends  and  Brethren,  or  to  fall  themselves  bv  their  Hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  endeav- 
oured to  bring  on  the  inhabitants  of  our  rrontiers,  the  merciless 
Indian  Savages,  whose  known  rule  of  warfare,  is  an  undistinguished 
tlestrnction  of  all  ages,  sexes  and  conditions. 

In  every  stage  of  these  Oppressions  We  have  Petitioned  for  Kedress 
in  the  most  humble  terms:  Our  repeated  Petitions  have  been  answered 
only  by  repeated  injury.  A  Prince,  whose  character  is  thus  marked 
by  every  act  which  may  define  a  Tyrant,  is  unfit  to  be  the  ruler  of  a 
free  People. 

Nor  have  AVe  been  wanting  in  attention  to  our  British  brethren. 
We  have  warned  them  from  time  to  time  of  attempts  by  their  legis- 
lature to  extend  an  unwarrantable  jurisdiction  over  us.  AVe  have 
reminded  them  of  the  circumstances  of  our  emigration  and  settle- 
ment here.  AVe  have  appealed  to  their  native  justice  and  magna- 
nimity, and  we  have  conjured  them  by  the  ties  of  our  common  kindred 
to  disavow  these  usurpations,  which,  would  inevitably  interrupt  our 
connections  and  correspondence.  They  too  have  been  tleaf  to  the 
voice  of  justice  and  of  consanguinity.  We  must,  therefore,  acquiesce 
in  the  necessity,  which  denounces  our  Separation,  and  hold  them,  as  we 
hold  the  rest  of  mankind.  Enemies  in  Avar,  in  Peace  Friends. 

AA\',  therefore,  the  Representatives  of  the  united  States  of  Amer- 
ica, in  General  Congress,  Assembled,  appealing  to  the  Supreme  Judge 
of  the  world  for  the  rectitude  of  our  intentions,  do,  in  the  Name,  and 
by  Authority  of  the  good  l*eople  of  these  Colonies,  solemnly  publish 
and  declare.  That  these  United  Colonies  are,  and  of  Right  ought  to 
l)e  Free  and  Independent  States;  that  they  are  Absolved  from  all 
Allegiance  to  the  British  Crown,  and  that  all  political  connection 
between  them  and  the  State  of  Great  Britain,  is  and  ought  to  be 
totally  dissolved;  and  that  as  Free  and  Independent  States,  they 
have  full  Power  to  levy  AA'ar.  conclude  Peace,  contract  Alliances, 
establish  Commerce,  and  to  do  all  other  Acts  and  Things  which  Inde- 
pendent States  may  of  right  do.  And  for  the  support  of  this  Dec- 
laration, with  a  firm  reliance  on  the  Protection  of  Divine  Providence, 
we  mutually  pledge  to  each  other  our  Lives,  our  Fortunes  and  our 
sacred  Honor. 

John  Hancock. 
New  II  amps /lire 

JosiAH  Bartlett.  Matthew  Thornton. 

AA^M.    AA'^HIPPLK. 

Maiisachuseffx  Bay 

Saml.  Adams.  Robt.  Treat  Paine, 

John  Adams,  ELBRmoK  Gerrv. 

Rhode  Idand 

Step.  Hopkins,  AA^ilijam  Ellerv. 

Connecticut 

Roger  Sherman,  Wm.  AViixiams, 

Sam'el  Hi  xtin«,ton.  Oliver  AVolcott. 


Declaration  of  Independence 


Wm.  Frx)YD, 
Pnir,.  TiiMNOSTON, 


Kinii).  Stockton, 

Jno.    WlTHKHSlHM)N. 

FijAs.  IIorivixsoN, 


IvOBT,  Morris, 
Benjamin  Rush, 
Benja.  Franklin, 
John  Morton, 
Geo.  Clymer, 


C^5SAR  Rodney, 
Geo.  Read, 


Samuel  Chase, 
Wm.  Paca, 
Thos.  Stone. 


George  Wytiie, 
Rkjhari)  Henry  Lee. 
Th  Jefferson, 
Benja.  Harrison. 


Wm.  Hooper, 
Joseph  HewkvS, 


Nev  York 


Frans.  Lewis, 
Lewis  AForris. 


Netr  JevKcy 


John  Hart, 
a  bra.  (^lari>. 


PennsylvaiHd 


J  as.  Smith, 
Geo.  Taylor, 
Ja^ies  Wilson, 
Geo.  Ross. 


Delaware 


'Iiio.  M'Kean. 


Maryldhd 


Virrf'niJd 


Charles    Carroli^    of    Car 
roll  ton. 


Thos.  Nelson,  jr., 
Francis  Lkuitfoot  Lee, 
Carter  I)Ra\ton. 


Xorth   Car  aim  a 


John  Penn. 


South  Carolina 


Edward  Rutledge, 
Thos.  Heyward.  Jiinr 


Button  Gwinnet- 
Lyman  Hall, 


(reorgia 


Thomas  Lynch.  Junr, 
Arthttr  Middleton. 


(lEo.  Walton. 


Note. — Mr.  Ferdinand  .Jeflferson,  Keeper  of  the  Rolls  in  the  Department  of 
State,  at  Washington,  says:  "The  names  of  the  signers  are  spelt  ahove  as  in 
the  fae-simile  of  the  original,  luit  the  punctnation  of  them  is  not  always  the 
same;  neither  do  the  names  of  the  States  appear  in  the  fac-simile  of  the  original. 
The  names  of  the  signers  of  each  State  are  grouped  together  in  the  fac-simile  of 
the  original,  except  the  name  of  Matthew  Thornton,  which  follows  that  of  Oliver 
Wolcott." 


ARTICLES  OF  CONFEDERATION-1777*« 


To  all  to  whom  these  Presents  shall  coiiie,  we  the  undersigned  Dele- 
gates of  the  States  affixed  to  our  Names  send  greeting. 

Whereas  the  Delegates  of  the  United  States  of  America  in  Congress 
assembled  did  on  the  fifteenth  day  of  November  in  the  Year  of  our 
Lord  One  Thousand  Seven  Hundred  and  Seventyseven,  and  in  the 
Second  Year  of  the  Independence  of  America  agree  to  certain  articles 
of  Confederation  and  perpetual  Union  between  the  States  of  New- 
hampshire,  Massachusetts-bay,  Rhodeisland  and  Providence  Planta- 

*Text  in  Revised  Statutes  (ed.  1878). 

o  Congress  Resolved,  on  the  lltli  of  June,  1770,  that  a  committee  should  be 
appointed  to  prepare  and  digest  tlie  form  of  a  confederation  to  be  entered  into 
between  the  Colonies ;  and  on  the  day  following,  after  it  had  been  determined 
that  the  committee  should  consist  of  a  member  from  each  Colony,  the  following 
I)ersons  were  appointed  to  perform  that  duty,  to  wit :  Mr.  Bartlett,  Mr.  S. 
Adams,  Mr.  Hopkins.  ^Ir.  Sherman.  Mr.  R.  R.  Livingston,  Mr.  Dickinson,  Mr. 
M'Kean,  Mr.  Stone,  Mr.  Nelson,  Mr.  Hewes,  Mr.  E.  Rutledge,  and  Mr.  Gwinnett. 
Upon  the  report  of  this  committee,  the  subject  was,  from  time  to  time,  debated, 
until  the  loth  of  November,  1777,  when  a  copy  of  the  confederation  being  made 
out,  and  sundry  amendments  made  in  the  diction,  without  altering  the  sense, 
the  same  was  finally  agreed  to.  Congress,  at  the  same  time,  directed  that  the 
articles  should  be  proposed  to  the  legislatures  of  all  the  United  States,  to  be 
considered,  and  if  approved  of  by  them,  they  were  advised  to  authorize  their 
delegates  to  ratify  the  same  in  the  Congi-ess  of  the  United  States ;  which  being 
done,  the  same  should  become  conclusive.  Three  hundred  copies  of  the  Articles 
of  Confederation  were  ordered  to  be  printed  for  the  use  of  Congress ;  and  on 
the  17th  of  November,  the  form  of  a  circular  letter  to  accompany  them  was 
brought  in  by  a  committee  appointed  to  prepare  it.  and  being  agreed  to,  thirteen 
copies  of  it  were  ordered  to  be  made  out,  to  be  signed  by  the  president  and 
forwarded  to  the  several  States,  wath  copies  of  the  confederation.  On  the  29th 
of  November  ensuing,  a  committee  of  thi'ee  was  appointed,  to  procure  a  transla- 
tion of  the  articles  to  be  made  into  the  French  language,  and  to  report  an 
address  to  the  inhabitants  of  Canada,  &c.  On  the  20th  of  June,  1778,  the  form 
of  a  ratification  of  the  Articles  of  Confederation  was  adopted,  and,  it  having 
been  engrossed  on  parchment,  it  was  signed  on  the  9th  of  July  on  the  part  and 
in  behalf  of  their  respective  States,  by  the  delegates  of  New  Hampshire,  Massa- 
chusetts Bay.  Rhode  Island  and  Providence  Plantations,  Connecticut,  New  York, 
Pennsylvania.  Virginia,  and  South  Carolina,  agreeal)ly  to  the  powers  vested 
in  them.  The  delegates  of  North  Carolina  signed  on  the  21st  of  July,  those  of 
Georgia  on  the  24th  of  July,  and  those  of  New  Jersey  on  the  20th  of  November 
following.  On  the  5th  of  May,  1779,  Mr.  Dickinson  and  Mr.  Van  Dyke  signed 
in  behalf  of  the  State  of  Delaware,  Mr.  M'Kean  having  previously  signed  in 
February,  at  which  time  he  produced  a  power  to  that  effect.  Maryland  did  not 
ratify  until  the  year  1781.  She  had  instructed  her  delegates,  on  the  15th  of 
December,  1778,  not  to  agree  to  the  confederation  until  matters  respecting  the 
western  lands  should  be  settled  on  principles  of  equity  and  sound  policy;  but, 
on  the  30th  of  January,  1781.  finding  that  the  enemies  of  the  country  took 
advantage  of  the  circumstances  to  disseminate  opinions  of  an  ultimate  dissolu- 
tion of  the  I'nion,  the  legislatiire  of  the  State  passed  an  act  to  empower  their 
delegates  to  subscribe  and  ratify  the  articles,  which  was  accordingly  done  by 

9 


10  Articles  of  Confederation — 1777 

tions,  Connecticut,  New  York,  New  Jei-sey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North-Carolina,  South-Carolina  and  Georgia  in 
the  Words  following,  viz. 

"Articles  of  Confederation  and  f)erpetual  Union  between  the  States 
of  Newhanipshire,  Massachusetts-bay,  Khodeisland  and  .Providence 
Plantations,  Connecticut,  New- York,  New-Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North-Carolina,  South-Carolina 
and  Georgia. 

Article  I.  The  stile  of  this  confederacy  shall  be  "  The  United 
States  of  America." 

Article  II.  Each  State  retains  its  sovereignty,  freedom  and  inde- 
pendence, and  every  power,  jurisdiction  and  right,  which  is  not  by 
this  confederation  expressly  delegated  to  the  United  States,  in  Con- 
gress assembled. 

Article  III.  The  said  States  herebv  severally  enter  into  a  firm 
league  of  friendship  with  each  other,  for  their  common  defence,  the 
security  of  their  liberties,  and  their  mutual  and  general  welfare,  bind- 
ing themselves  to  assist  each  other,  against  all  force  offered  to,  or 
attacks  made  upon  them,  or  any  of  them,  on  account  of  religion,  sov- 
ereignty, trade,  or  any  other  pretence  whatever. 

Article  IV.  The  better  to  secure  and  perj^etuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  different  States  in  this 
Union,  the  free  inhabitants  of  each  of  these  States,  paupers,  vaga- 
bonds and  fugitives  from  justice  excepted,  shall  be  entitled  to  all 
privileges  and  immunities  of  free  citizens  in  the  several  States;  and 
the  people  of  each  State  shall  have  free  ingi*ess  and  regress  to  and 
from  any  other  State,  and  shall  enjoy  therein  all  the  privileges  of 
trade  and  commerce,  subject  to  the  same  duties,  impositions  and 
restrictions  as  the  inhabitants  thereof  respectively,  provided  that  such 
restrictions  shall  not  extend  so  far  as  to  prevent  the  removal  of  prop- 
erty imported  into  any  State,  to  any  other  State  of  which  the  owner 
is  an  inhabitant ;  provided  also  that  no  imposition,  duties  or  restric- 
tion shall  he  laid  by  any  State,  on  the  proi>erty  of  the  United  States, 
or  either  of  them. 

If  any  person  guilty  of,  or  charged  with  treason,  felony,  or  other 
high  misdemeanor  in  any  State,  shall  flee  from  justice,  and  be  found 
in  any  of  the  United  States,  he  shall  upon  demand  of  the  Governor 
or  Executive  power,  of  the  State  from  which  he  fled,  be  delivered  up 
and  removed  to  the  State  having  jurisdiction  of  his  offence. 

.Mr.  Hanson  and  Mr.  Carroll,  on  the  1st  of  March  of  that  year,  which  completed 
the  ratifications  of  the  act ;  and  Congress  assembled  on  the  2d  of  March  under 
the  new  powers. 

Note. — The  proof  of  this  document,  as  publishecl  al>ovo.  was  read  by  Mr. 
Ferdinand  .Tofferson.  the  Keeper  of  tlie  Rolls  of  the  Dei);irtment  of  State,  at 
Washington,  who  compared  it  with  the  original  in  his  custody.  He  says:  "The 
initial  letters  of  many  of  tlio  words  in  the  original  of  tliis  instrument  are  caj)- 
tals,  but  as  no  system  apiwars  to  have  been  observed,  the  same  word  sometimes 
beginning  with  a  capital  and  sometimes  with  a  small  letter.  I  have  thought  it 
l)est  not  to  undertake  to  follow  the  original  in  this  particular.  Moreover,  there 
are  three  forms  of  the  letter  s :  the  capital  S.  the  small  s.  and  the  long  f.  the 
last  being  used  indiscriminately  to  words  that  should  begin  with  a  capital  and 
those  that  should  beghx  with  a  small  s." 


Articles  of  Corvfederation — 1777  11 

Full  faith  and  credit  shall  be  given  in  each  of  these  States  to  the 
records,  acts  and  judicial  proceedings  of  the  courts  and  magistrates 
of  ever}'  other  State. 

Article  Y.  For  the  more  convenient  management  of  the  general 
interests  of  the  United  States,  delegates  shall  be  annually  appointed 
in  such  manner  as  the  legislature  of  each  State  shall  direct,  to  meet  in 
Congress  on  the  first  Monday  in  November,  in  every  year,  with  a 
power  reserved  to  each  State,  to  recall  its  delegates,  or  any  of  them, 
at  any  time  within  the  year,  and  to  send  others  in  their  stead,  for  the 
remainder  of  the  year. 

No  State  shall  be  represented  in  Congress  by  less  than  two,  nor  by 
more  than  seven  members;  and  no  person  shall  be  capable  of  being  a 
delegate  for  more  than  three  years  in  any  term  of  six  years;  nor  shall 
any  person,  being  a  delegate,  be  capable  of  holding  any  office  under 
the  United  States,  for  which  he,  or  another  for  his  benefit  receives 
any  salary,  fees  or  emolument  of  any  kind. 

Each  State  shall  maintain  its  own  delegates  in  a  meeting  of  the 
States,  and  while  the}'  act  as  members  of  the  committee  of  the  States. 

In  determining  questions  in  the  United  States,  in  Congress  assem- 
bled, each  State  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall  not  be  impeached 
or  questioned  in  any  court,  or  place  out  of  Congress,  and  the  members 
of  Congress  shall  be  protected  in  their  persons  from  arrests  and  im- 
prisonments, during  the  time  of  their  going  to  and  from,  and  attend- 
ance on  Congress,  except  for  treason,  felony,  or  breach  of  the  peace. 

Article  VI.  No  State  without  the  consent  of  the  United  States  in 
Congress  assembled,  shall  send  any  embassy  to,  or  receive  any  embassy 
from,  or  enter  into  any  conferrence,  agreement,  alliance  or  treaty  with 
any  king  prince  or  state;  nor  shall  any  person  holding  any  office  of 
profit  or  trust  under  the  United  States,  or  any  of  them,  accept  of  any 
present,  emolument,  office  or  title  of  any  kind  whatever  from  any 
king,  prince  or  foreign  state;  nor  shall  the  United  States  in  Congress 
assembled,  or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty,  confederation  or 
alliance  whatever  between  them,  without  the  consent  of  the  United 
States  in  Congress  assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

No  State  shall  lay  any  imposts  or  duties,  which  may  interfere  wdtli 
any  stipulations  in  treaties,  entered  into  by  the  United  States  in  Con- 
gress assembled,  with  any  king,  prince  or  state,  in  pursuance  of  any 
treaties  already  proposed  by  Congress,  to  the  courts  of  France  and 
Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any  State, 
except  such  number  only,  as  shall  be  deemed  necessary  by  the  United 
States  in  Congress  assembled,  for  the  defence  of  such  State,  or  its 
trade;  nor  shall  any  body  of  forces  be  kept  up  by  any  State,  in  time 
of  peace,  except  such  number  only,  as  in  the  judgment  of  the  United 
States,  in  Congress  assembled,  shall  be  deemed  requisite  to  garrison 
the  forts  necessary  for  the  defence  of  such  State ;  but  every  State  shall 
alw^ays  keep  up  a  well  regulated  and  disciplined  militia,  sufficiently 
armed  and  accoutred,  and  shall  provide  and  constantly  have  ready 
for  use,  in  public  stores,  a  due  number  of  field  pieces  and  tents,  and  a 
proper  quantity  of  arms,  ammunition  and  camp  equipage. 


12  Articles  of  Confederation — 1777 

No  State  shall  ejigage  in  any  war  without  the  consent  of  the  United 
States  in  Congress  assembled,  unless  such  State  be  actually  invaded 
by  enemies,  or  shall  have  received  certain  advice  of  a  resolution 
being  formed  by  some  nation  of  Indians  to  invade  such  State,  and 
the  danger  is  so  imminent  as  not  to  admit  of  a  delay,  till  the  United 
States  ill  Congi-ess  assembled  can  be  consulted:  nor  shall  any  State 
grant  commissions  to  any  ships  or  vessels  of  war,  nor  letters  of 
marque  or  reprisal,  except  it  be  after  a  declaration  of  war  by  the 
United  States  in  Congress  assembled,  and  then  only  against  the 
kingdom  or  state  and  the  subjects  thereof,  against  which  war  has 
l)een  so  declared,  and  under  such  regulations  as  shall  he  established 
by  the  United  States  in  Congress  assembled,  unleas  such  State  1k^ 
infested  by  pirates,  in  which  case  vessels  of  war  may  be  fitted  out  for 
that  occasion,  and  kept  so  long  as  the  danger  shall  continue,  or  until 
the  United  States  in  Congress  assembled  shall  determine  otherwise. 

Articlk  VII.  When  land-forces  are  raised  by  any  State  for  the 
common  defence,  all  officers  of  or  under  the  rank  of  colonel,  shall 
be  appointed  by  the  Le^slature  of  each  State  respectively  by  whom 
such  forces  shall  be  raised,  or  in  such  manner  as  such  State  shall 
direct,  and  all  vacancies  shall  be  filled  up  by  the  State  which  first 
made  the  appointment. 

Article  VIII.  All  charges  of  war,  and  all  other  expenses  that 
shall  he  incurred  for  the  common  defence  or  general  welfare,  and 
allowed  by  the  United  States  in  Congress  assembled,  shall  be  de- 
frayed out  a  common  treasury,  which  shall  be  supplied  by  the 
several  States,  in  proportion  to  the  value  of  all  land  within  each 
State,  granted  to  or  surveyed  for  any  person,  as  such  land  and  the 
buildings  and  improvements  thereon  shall  be  estimated  according  to 
such  mode  as  the  United  States  in  Congress  assembled,  shall  from 
time  to  time  direct  and  appoint. 

The  taxes  for  paying  that  proportion  shall  be  laid  and  levied  by  the 
authority  and  direction  of  the  legislatures  of  the  several  States 
within  the  time  agreed  upon  by  the  United  States  in  Congress 
assembled. 

ARTICX.E  IX.  The  United  States  in  Congress  assembled,  shall  have 
the  sole  and  exclusive  right  and  power  of  determining  on  peace  arid 
war,  except  in  the  cases  mentioned  in  the  sixth  article — of  sending 
and  receiving  ambassadors — entering  into  treaties  and  alliances,  pro- 
vided that  no  treaty  of  commerce  shall  be  made  whereby  the  legisla- 
tive power  of  the  respective  States  shall  be  restrained  from  imposing 
such  imposts  and  duties  on  foreigners,  as  their  own  people  are  sub- 
jected to,  or  from  prohibiting  the  exportation  or  importation  of  any 
sj)ecies  of  goods  or  commodities  whatsoever — of  establishing  rules 
for  deciding  in  all  cases,  what  captures  on  land  or  water  shall  be 
legal,  and  in  what  manner  prizes  taken  by  land  or  naval  forces  in  the 
service  of  the  United  States  shall  he  divided  or  appropriated — of 
granting  letters  of  marque  and  reprisal  in  times  of  peace — appointing 
courts  for  the  trial  of  piracies  and  felonies  committed  on  the  high  seas 
and  establishing  courts  for  receiving  and  determining  finally  appeals 
in  all  cases  of  captures,  provided  that  no  meml)er  of  Congress  shall 
be  appointed  a  judge  of  any  of  the  said  courts. 

The  United  States  in  Congress  assembled  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting  or  that 


Articles  of  Confederation- -1777  13 

hereafter  may  arise  between  two  or  more  States  concerning  boundary, 
jurisdiction  or  any  other  cause  whatever;  which  authority  shall 
always  be  exercised  in  the  manner  following.  Whenever  the  legisla- 
tive or  executive  authority  or  lawful  agent  of  any  State  in  contro- 
versy with  another  shall  present  a  petition  to  Congress,  stating  the 
matter  in  question  and  praying  for  a  hearing,  notice  thereof  shall  be 
given  by  order  of  Congress  to  the  legislative  or  executive  authority 
of  the  other  State  in  controversy,  and  a  day  assigned  for  the  appear- 
ance of  the  parties  by  their  lawful  agents,  who  shall  then  be  directed 
to  appoint  b}'  joint  consent,  commissioners  or  judges  to  constitute  a 
court  for  hearing  and  determining  the  matter  in  question  :  but  if  they 
cannot  agree,  Congress  shall  name  three  persons  out  of  each  of  the 
United  States,  and  from  the  list  of  such  persons  each  party  shall 
alternately  strike  out  one,  the  petitioners  beginning,  until  the  number 
shall  be  reduced  to  thirteen ;  and  from  that  number  not  less  than 
seven,  nor  more  than  nine  names  as  Congress  shall  direct,  shall  in  the 
presence  of  Congress  be  drawn  out  by  lot,  and  the  persons  whose 
names  shall  be  so  draw-n  or  any  five  of  them,  shall  be  commisioners 
or  judges,  to  hear  and  finally  determine  the  controversy,  so  always  as 
a  major  part  of  the  judges  who  shall  hear  the  cause  shall  agree  in  the 
determination :  and  if  either  party  shall  neglect  to  attend  at  the  day 
appointed,  without  showing  reasons,  which  Congress  shall  judge 
sufficient,  or  being  present  shall  refuse  to  strike,  the  Congress  shall 
proceed  to  nominate  three  persons  out  of  each  State,  and  the  Secre- 
tary of  Congress  shall  strike  in  behalf  of  such  party  absent  or  re- 
fusing; and  the  judgment  and  sentence  of  the  court  to  be  appointed, 
in  the  manner  before  prescribed,  shall  be  final  and  conclusive ;  and  if 
any  of  the  parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the  court  shall 
nevertheless  proceed  to  pronounce  sentence,  or  judgment,  which  shall 
in  like  manner  be  final  and  decisive,  the  judgment  or  sentence  and 
other  proceedings  being  in  either  case  transmitted  to  Congress,  and 
lodged  among  the  acts  of  Congress  for  the  security  of  the  parties  con- 
cerned :  provided  that  every  commissioner,  before  he  sits  in  judgment, 
shall  take  an  oath  to  be  administered  by  one  of  the  judges  of  the 
supreme  or  superior  court  of  the  State  where  the  cause  shall  be  tried, 
"  well  and  truly  to  hear  and  determine  the  matter  in  question,  accord- 
ing to  the  best  of  his  judgment,  without  favour,  affection  or  hope  of 
reward :"  provided  also  that  no  State  shall  be  deprived  of  territory 
for  the  benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed  under 
different  grants  of  two  or  more  States,  whose  jurisdiction  as  they 
may  respect  such  lands,  and  the  States  which  passed  such  grants  are 
adjusted,  the  said  grants  or  either  of  them  being  at  the  same  time 
claimed  to  have  originated  antecedent  to  such  settlement  of  jurisdic- 
tion, shall  on  the  petition  of  either  party  to  the  Congress  of  the 
United  States,  be  finally  determined  as  near  as  may  be  in  the  same 
manner  as  is  before  prescribed  for  deciding  disputes  respecting  terri- 
torial jurisdiction  between  different  States. 

The  United  States  in  Congress  assembled  shall  also  have  the  sole 
and  exclusive  right  and  power  of  regulating  the  alloy  and  value  of 
coin  struck  by  their  own  authority,  or  by  that  of  the  respective 
States. — fixing  the  standard  of  weiglits  and'measures  throughout  the 

7251— VOL  1—07 4 


14  Articles  of  Confederatmn — 1777 

United  States. — rej^ulatin^  the  tnule  and  managing  all  affairs  with 
the  Indians,  not  members  of  any  of  the  States,  provided  that  the 
legislative  right  of  any  State  within  its  own  limits  be  not  infringed 
or  violated — establishing  and  regulating  post-offices  from  one  State 
to  another,  throughout  all  the  United  States,  and  exacting  such  pos- 
tage on  the  papers  passing  thro'  the  same  as  may  be  requisite  to 
defray  the  expenses  of  the  said  office — appointing  all  officers  of  the 
land  forces,  in  the  service  of  the  United  States,  excepting  regimental 
officers — appointing  all  the  officers  of  the  naval  forces,  and  commis- 
sioning all  officers  whatever  in  the  service  of  the  United  States — mak- 
ing rules  for  the  government  and  regulation  of  the  said  land  and 
naval  forces,  and  directing  their  operations. 

The  United  States  in  Congress  assembled  shall  have  authority  to 
appoint  a  committee,  to  sit  in  the  recess  of  Congress,  to  be  denomi- 
nated '*  a  Committee  of  the  States,"  and  to  consist  of  one  delegate  from 
each  State;  and  to  appoint  such  other  committees  and  civil  officers  as 
may  be  necessary  for  managing  the  general  affairs  of  the  United 
States  under  their  direction — to  appoint  one  of  their  numljer  to  pre- 
side, provided  that  no  person  be  allowed  to  serve  in  the  office  of 
president  more  than  one  year  in  any  term  of  three  years;  to  ascertain 
the  necessary  sums  of  money  to  be  raist»d  for  the  service  of  the 
United  States,  and  to  appropriate  and  apply  the  same  for  defra^'ing 
the  public  expenses — to  borrow  money,  or  emit  bills  on  the  credit  of 
the  United  States,  transmitting  every  half  year  to  the  respective 
States  an  account  of  the  sums  of  money  so  borrowed  or  emitted. — to 
build  and  equip  a  navy — to  agree  upon  the  ninnlx»r  of  land  forces, 
and  to  make  requisitions  from  each  State  for  its  quota,  in  proportion 
to  the  number  of  white  inhabitants  in  such*  State;  which  requisition 
shall  be  binding,  and  thereupon  the  Legislature  of  each  State  shall 
appoint  the  regimental  officers,  raise  the  men  and  cloath,  arm  and 
equip  them  in  a  soldier  like  manner,  at  the  expense  of  the  United 
States;  and  the  officers  and  men  so  cloathed,  armed  and  equipped  shall 
march  to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
United  States  in  Congress  assembled:  but  if  the  United  States  in 
Congress  assembled  shall,  on  consideration  of  circumstances  judge 
proper  that  any  State  should  not  raise  men.  or  should  raise  a  smaller 
number  of  men  than  the  quota  therof,  such  extra  number  shall  be 
number  of  men  that  the  quota  thereof,  such  extra  number  shall  be 
raised,  officered,  cloathed,  armed  and  equipped  in  the  same  manner 
as  the  quota  of  such  State,  unless  the  legislature  of  such  State  shall 
judge  that  such  extra  number  cannot  be  safely  spared  out  of  the 
same,  in  which  case  they  shall  raise  officer,  cloath,  arm  and  equip  as 
many  of  such  extra  number  as  they  judge  can  be  safely  spared.  And 
the  officers  and  men  so  cloathed,  armed  and  equipped,  shall  march  to 
the  place  appointed,  and  within  the  time  agreed  on  by  the  United 
States  in  Congress  assembled. 

The  United  States  in  Congress  assembled  shall  never  engage  in  a 
war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor 
enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  regulate  the 
value  thereof,  nor  ascertain  the  sums  and  expenses  necessary  for  the 
defence  and  welfare  of  the  United  States,  or  any  of  them,  nor  emit 
bills,  nor  borrow  money  on  the  credit  of  the  United  States,  nor  appro- 
priate money,  nor  agree  upon  the  number  of  vessels  of  war,  to  Ix' 


Articles  of  Confederation — 1777  15 

built  or  purchased,  or  the  number  of  land  or  sea  forces  to  be  raised, 
nor  ajjpoint  a  commander  in  chief  of  the  army  or  navy,  unless  nine 
States  assent  to  the  same:  nor  shall  a  question  on  any  other  point, 
except  for  adjourning  from  day  to  day  be  determined,  unless  by  the 
votes  of  a  majority  of  the  United  States  in  Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power  to  adjourn  to 
any  time  within  the  year,  and  to  any  place  within  the  United  States, 
so  that  no  period  of  adjournment  be  for  a  longer  duration  than  the 
space  of  six  months,  and  shall  publish  the  journal  of  their  proceedings 
monthly,  except  such  parts  thereof  relating  to  treaties,  alliances  or 
military  operations,  as  in  their  judgment  requiry  secresy;  and  the 
yeas  and  nays  of  the  delegates  of  each  State  on  anj'  question  shall  be 
military  operations,  as  in  their  judgment  require  secresy;  and  the 
delegates  of  a  State,  or  any  of  them,  at  his  or  their  request  shall  be 
furnished  with  a  transcript  of  the  said  journal,  except  such  parts  as 
are  above  excepted,  to  lay  before  the  Legislatures  of  the  several 
States. 

Article  X.  The  committe  of  the  States,  or  any  nine  of  them,  shall 
be  authorized  to  execute,  in  the  recess  of  Congress,  such  of  the  powers 
of  (Congress  as  the  United  States  in  Congress  assembled,  by  the  con- 
sent of  nine  States,  shall  from  time  to  time  think  expedient  to  vest 
them  Avith ;  provided  that  no  power  be  delegated  to  the  said  commit- 
tee, for  the  exercise  of  which,  by  the  articles  of  confederation,  the 
voice  of  nine  States  in  the  Congress  of  the  United  States  assembled  is 
requisite. 

Article  XI.  Canada  acceding  to  this  confederation,  and  joining 
in  the  measures  of  the  United  States,  shall  be  admitted  into,  and 
entitled  to  all  the  advantages  of  this  Union  :  but  no  other  colony  shall 
be  admitted  into  the  same,  unless  such  admission  be  agreed  to  by  nine 
States. 

Article  XII.  All  bills  of  credit  emitted,  monies  borrowed  and 
debts  contracted  by,  or  under  the  authority  of  Congress,  before  the 
assembling  of  the  United  States,  in  pursuance  of  the  present  con- 
federation, shall  be  deemed  and  considered  as  a  charge  against  the 
United  States,  for  payment  and  satisfaction  whereof  the  said  United 
States,  and  the  public  faith  are  hereby  solemnly  pledged. 

Article  XIII.  Every  State  shall  abide  by  the  determinations 
of  the  United  States  in  Congress  assembled,  on  all  questions  which  by 
this  confederation  are  submitted  to  them.  And  the  articles  of  this 
confederation  shall  be  inviolably  observed  by  every  State,  and  the 
Union  shall  be  perpetual ;  nor  shall  any  alteration  at  any  time  here- 
after be  made  in  any  of  them ;  unless  such  alteration  be  agreed  to  in 
a  Congress  of  the  United  States,  and  be  afterwards  confirmed  by  the 
Legislatures  of  every  State. 

And  whereas  it  has  j^leased  the  Great  Governor  of  the  world  to 
incline  the  hearts  of  the  Legislatures  Ave  respectively  represent  in 
Congress,  to  approve  of,  and  to  authorize  us  to  ratify  the  said  articles 
of  confederation  and  perpetual  union.  KnoAv  ye  that  we  the  under- 
signed delegates,  by  virtue  of  the  power  and  authority  to  us  given 
for  that  purpose,  do  by  these  presents,  in  the  name  and  in  behalf  of 
our  respective  constituents,  fully  and  entirely  ratify  and  confirm 
each  and  every  of  the  said  articles  of  confederation  and  perpetual 
union,  and  all  and  singular  the  matters  and  things  therein  contained: 


16  Articles  of  Confederation — 1777 

and  we  do  further  solemnly  plight  and  engage  the  faith  of  our 
respective  constituents,  that  they  shall  abide  by  the  determinations  of 
the  United  States  in  Congress  assembled,  on  all  questions,  which  by 
the  said  confederation  are  submitted  to  them.  And  that  the  articles 
thereof  shall  l)e  inviolably  observed  by  the  States  we  re[sjpectively 
represent,  and  that  the  Union  shall  be  perpetual. 

In  witness  whereof  we  have  hereunto  set  our  hands  in  Congress. 
Done  at  Philadelphia  in  the  State  of  Pennsylvania  the  ninth  day  of 
July  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy- 
eight,  and  in  the  third  year  of  the  independence  of  America." 

On  the  part  <&  behalf  of  the  State  of  New  Hampsh'uy 

JosiAii  Bartlett,  John  Wentworth.  Junr., 

August  8th,  1778. 

On  the  pavt  and  behalf  of  the  State  of  Mas.sachuf<etts  Hay 

John  Hancock,  Francis  Dana, 

Samuel  Adams,  .  James  Txjvell, 

Elbridge  Gerry,  Samuel  Holten. 

On  the  part  and  behalf  of  the  State  of  Rhode  Island  and  Prooidence 

Plantations 

Wn-LiAM  Ellery,  John  C/Ollins. 

Henry  Marchant, 

On  the  part  and,  behalf  of  the  State  of  Connecticut 

Roger  Sherman,  Titus  Hosmer, 

Samuel  Huntington,  Andrew  Adams. 

Oliver  Wolcott, 

On  the  part  and  behalf  of  the  State  of  New  York 

Jas.  Duane,  Wm.  Duer, 

Fra.  Lewis,  Gouv.  Morris. 

On  the  part  and  in  behalf  of  the  State  of  New  Jersey^  Nor.  20,  1778 

Jno.  Witherspoon,  Xathl.  Scuddeh. 

On  the  part  and  behalf  of  the  State  of  Pennsyloania 

RoBT.  Morris.  William  Clingan. 

Daniel  Roberdeau,  Joseph   Reed,  2*2d  July,  1778. 

JoNA.  Bayard  Smith, 

On  the  part  c&  beJialf  of  the  State  of  Delaware 

Tho.  M'Kean,  Nicholas  Van  Dyke. 

Feby.  12,  1779. 
John  Dickinson, 

May  5th,  1779. 

On  the  part  and  behalf  of  the  State  of  Maryland 

John  Hanson,  Daniel  Carroll, 

March  L  1781.  Mar.  1,  178K 


«  From  the  circumstance  of  delegates  from  the  same  State  having  signed  the 
Articles  of  (Confederation  at  different  times,  as  appears  by  the  dates,  it  is 
probable  they  affixe<l  their  names  as  they  hapiM?ned  to  be  present  in  Congress, 
after  they  had  been  authorized  by  their  ttonstituents. 


Articles  of  Confederation — 1777  17 

On  the  part  und  behalf  of  the  ^tate  of  Virginia 

Richard  Henry  Lek,  Jno.  Harme, 

John  Banister,  Francis  Lightfoot  Lee. 

Thomas  Adams, 

On  the  part  and  hehalf  of  the  f^tate  of  No.  (Jarol'nia 

John  Penn,  July  21st,  1778.  J  no.  Williams. 

Corns.  Harnett, 

On  the  part  <fe  hehalf  of  tJie  State  of  South  Carolina 

Henry  Lafrens,  Richd.  Hutson, 

William  Henry  Drayton,  Thos.  Heyward,  Jiiiir. 

Jno.  Mathews, 

On  the  part  <f?  hehalf  of  the  State  of  Georgia 

»)no.  Walton,  Edwd.  Telfair, 

24th  July,  1778.  Edwd.  Langworthy. 


THE  CONSTITUTION  OF  THE  UNITED  STATES  OF 
AMERIOA-1787' 

We  the  People  of  the  United  States,  in  Order  to  form  a  more  per- 
fect Union,  establish  Justice,  insure  domestic  Tranquility,  provide 
for  the  common  defence,  promote  the  general  ^A^elfare,  and  secure 
the  Blessings  of  Liberty  to  ourselves  and  our  Posterity,  do  ordain 
and  establish  this  Constitution  for  the  United  States  of  America. 

Article  I 

Section  1.  All  legislative  Powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section  2.  The  House  of  Representatives  shall  be  composed  of 
Members  chosen  every  second  Year  by  the  People  of  the  several 
States,  and  the  Electors  in  each  State  shall  have  the  Qualifications 
requisite  for  Electors  of  the  most  numerous  Branch  of  the  State 
Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have  attained  to 
the  Age  of  twenty  five  Years,  and  been  seven  Years  a  Citizen  of  the 
United  States,  and  Avho  shall  not,  when  elected,  be  an  Inhabitant  of 
that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  Numbers,  which  shall  be  determined  by  adding  to  the 
whole  Number  of  Free  persons,  including  those  bound  to  Service  for 
a  Term  of  Years,  and  excluding  Indians  not  taxed,  three  fifths  of  all 
other  Persons.  The  actual  Enumeration  shall  be  made  Avithin  three 
Years  after  the  first  Meeting  of  the  Congress  of  the  United  States, 
and  Avithin  every  subsequent  Term  of  ten  Years,  in  such  Manner  as 
they  shall  by  Law  direct.  The  Number  of  Representatives  shall  not 
exceed  one  for  every  thirty  Thousand,  but  each  State  shall  have  at 
Least  one  Representative ;  and  until  such  enumeration  shall  be  made, 
the  State  of  New  Hampshire  shall  be  entitled  to  chuse  three,  Massa- 
chusetts eight,  Rhode  Island  and  Providence  Plantations  one,  Con- 
necticut five,  New  York  six.  New  Jersey  four,  Pennsylvania  eight, 
Delaware  one,  Maryland  six,  Virginia  ten,  North  Carolina  five.  South 
Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  Representation  from  any  State,  the 
Executive  Authority  thereof  shall  issue  Writs  of  Election  to  fill  sucli 
Vacancies. 

oThe  Constitution  of  the  United  States  of  America,  with  the  amendments. 
Compared  with  the  original  in  the  Department  of  State.  April  13.  1891,  and 
found  to  be  correct.     Washington :    Government  Printing  Office,  1891. 

A  facsimile  of  the  original  MS.  in  Carson's  100th  Anniversary  of  the  Pro- 
mulgation of  the  Constitution  of  the  United  States.     I. 

19 


20      The  Confititution  of  the   Unite4  States  of  America 

The  House  of  Ke  present  at  ives  shall  rhuse  their  Speaker  and  other 
Officers;  and  shall  have  the  sole  Power  of  Impeachment. 

SEcmox  3,  The  Senate  of  the  United  States  shall  l)e  composed  of 
two  Senators  from  each  State,  chosen  by  the  Legislature  thereof,  for 
six  Years:  and  each  Senator  shall  have  one  Vote. 

Immediately  after  they  shall  l>e  assembled  in  Consequence  of  the 
first  Election,  they  shall  l>e  divided  as  equally  as  may  oe  into  three 
Classes.  The  seats  of  the  Senators  of  the  first  Class  shall  l)e  vacated 
at  the  Expiration  of  the  second  year,  of  the  second  Class  at  the  F^xpi- 
ration  of  the  fourth  Year,  and  of  the  third  Class  at  the  PLxpiration  of 
the  sixth  Year,  so  that  one-third  may  be  chosen  every  second  Year; 
and  if  Vacancies  happen  by  Resignation,  or  otherwise,  during  the 
Recess  of  the  legislature  of  any  State,  the  Executive  thereof  may 
nuike  temporary  Appointments  until  the  next  Meeting  of  the  I^egis- 
lature,  which  shall  then  fill  such  Vacancies. 

No  Person  shall  Ik'  a  Senator  who  shall  not  have  attained  to  the 
Age  of  thirty  Years,  and  been  nine  Years  a  Citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  Inhabitant  of  that 
State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  Vote,  unless  thev  be  equally  divided. 

The  Senate  shall  chuse  their  other  Ofticers,  and  also  a  President 
pro  tempore,  in  the  Absence  of  the  Vice  President,  or  when  he  shall 
exercise  the  Office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeachments. 
When  sitting  for  that  Purpose,  they  shall  be  on  Oath  or  Affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside:  and  no  Person  shall  be  convicted  without  the  Concur- 
rence of  two  thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  shall  not  extend  further  than 
to  removal  from  Office,  and  disqualification  to  hold  and  enjoy  any 
Office  of  honor,  Trust  or  Profit  under  the  United  States:  but  the 
Partv  convicted  shall  nevertheless  be  liable  and  subject  to  Indictment, 
Trial,  Judgment  and  Punishment,  according  to  Law. 

Sectiox  4.  The  Times,  Places  and  manner  of  holding  Elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each  State  by  the 
Legislature  thereof;  but  the  Congress  may  at  any  time  by  Law  make 
or  alter  such  Regulations,  except  as  to  the  Places  of  chusing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Year,  and  such 
Meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
I^w  appoint  a  different  Day. 

Section  5.  Each  House  shall  be  the  Judge  of  the  Elections, 
Returns  and  Qualifications  of  its  own  Members,  and  a  Majority  of 
each  shall  constitute  a  Quorum  to  do  Business;  but  a  smaller  Xum- 
l>er  may  adjourn  from  day  to  day.  and  may  be  authorized  to  compel 
the  Attendance  of  absent  Members,  in  such  Manner,  and  under  such 
Penalties  as  each  House  may  provide. 

Each  House  may  determine  the  Rules  of  its  Proceedings,  punish  its 
Members  for  disorderly  Behaviour,  and.  with  the  Concurrence  of  two 
1  birds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  Parts  as  may  in  their  Judg- 
ment require  Secrei'v;  and  the  Yeas  and  Nays  of  the  Members  of 


The  Constitution  of  the   United  States  of  America      21 

either  House  on  any  question  shall,  at  the  desire  of  one  fifth  of  those ' 
Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Congress,  shall,  without  the 
Consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  Place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Section  G.  The  Senators  and  Kepresentatives  shall  receive  a  Com- 
pensation for  their  Services,  to  be  ascertained  by  Law,  and  paid  out 
of  the  Treasur}'^  of  the  United  States.  They  shall  in  all  Cases,  except 
Treason,  Felony  and  Breach  of  the  Peace,  be  privileged  from  Arrest 
during  their  Attendance  at  the  Session  of  their  respective  Houses, 
and  in  going  to  and  returning  from  the  same ;  and  for  any  Speech  or 
Debate  in  either  House,  they  shall  not  be  questioned  in  any  other 
Place. 

No  Senator  or  Representative  shall,  during  the  Time  for  which  ho 
was  elected,  be  appointed  to  any  civil  Office  under  the  Authority  of 
the  United  States,  which  shall  have  been  created,  or  the  Emoluments 
whereof  shall  have  been  encreased  during  such  time;  and  no  Person 
holding  any  Office  under  the  United  States,  shall  be  a  Member  of 
either  House  during  his  Continuance  in  Office. 

Section  7.  All  Bills  for  raising  Revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  or  concur 
with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  become  a  Law,  be  presented  to  the 
President  of  the  United  States;  If  he  approve  he  shall  sign  it,  but 
if  not  he  shall  return  it,  Avith  his  Objections  to  that  House  in  which 
it  shall  have  originated,  who  shall  enter  the  Objections  at  large  on 
their  Journal,  and  proceed  to  reconsider  it.  If  after  such  Recon- 
sideration two  thirds  of  that  House  shall  agree  to  pass  the  Bill,  it 
shall  be  sent,  together  with  the  Objections,  to  the  other  House,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two 
thirds  of  that  House,  it  shall  become  a  Law.  But  in  all  such  Cases 
the  Votes  of  both  Houses  shall  be  determined  by  yeas  and  Nays,  and 
the  Names  of  the  Persons  voting  for  and  against  the  Bill  shall  be 
entered  on  the  Journal  of  each  House  respectively.  If  anj^  Bill 
shall  not  be  returned  by  the  President  within  ten  Days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  Same  shall 
be  a  Law,  in  like  Manner  as  if  he  had  signed  it,  unless  the  Congress 
by  their  Adjournment  prevent  its  Return,  in  which  Case  it  shall  not 
1)6  a  Law. 

Every  Order,  Resolution,  or  Vote  to  Avhich  the  Concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on 
a  question  of  Adjournment)  shall  be  presented  to  the  President  of 
the  United  States;  and  before  the  Same  shall  take  Effect,  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be  repassed  by 
two  thirds  of  the  Senate  and  House  of  Representatives,  according  to 
the  Rules  and  Limitations  prescribed  in  the  Case  of  a  Bill. 

Section  8.  The  Congress  shall  have  Power  to  lay  and  collect  Taxes. 
Duties,  Imposts  and  Excises,  to  pay  the  Debts  and  provide  for  the 
common  Defence  and  general  Welfare  of  the  United  States;  but  all 
Duties,  Imposts  and  Excises  shall  be  uniform  throughout  the  United 
States ; 

To  borrow  Money  on  the  credit  of  the  United  States ; 


22      The  Constitution  of  the   United  Sfatesi  of  America 

To  regulate  Commerce  with  foreign  Nations,  and  among  the  several 
States,  and  with  the  Indian  Tribes; 

To  establish  an  uuifonn  Rule  of  Naturalization,  and  uniform  Laws 
on  the  subject  of  Bankruptcies  throughout  the  United  States; 

To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign  Coin, 
and  fix  the  Standard  of  Weights  and  Measures: 

To  provide  for  the  Punishment  of  counterfeiting  the  Securities  and 
current  Coin  of  tlie  United  States; 

To  establish  Post  Offices  and  post  Roads; 

To  promote  the  Progress  of  Science  and  useful  Arts,  by  securing 
for  limited  Times  to  Authors  and  Inventors  the  exclusive  Right  to 
their  respective  Wiitings  and  Discoveries; 

To  constitute  Tribunals  inferior  to  the  supreme  Court; 

To  define  and  punish  Piracies  and  Felonies  committed  on  the  high 
Seas,  and  Offences  against  the  Law  of  Nations; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and  make 
Rules  concerning  Captures  on  Land  and  Water; 

To  raise  and  support  Armies,  but  no  Appropriation  of  Money  to 
that  Use  shall  be  for  a  longer  Term  than  two  Years; 

To  provide  and  maintain  a  Navy; 

To  make  Rules  for  the  (iovernment  and  Regulation  of  the  land  and 
naval  Forces; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws  of  the 
Union,  suppress  Insurrections  and  repel  Invasions; 

To  provide  for  organizing,  arming,  and  disciplining,  the  Militia, 
and  for  governing  such  Part  of  them  as  nuiy  be  employed  in  the 
Service  of  the  United  States,  reserving  to  the  States  respectively,  the 
Appointment  of  the  Officers,  and  the  Authority  of  training  the 
Mditia  according  to  the  discipline  prescribed  by  Congress; 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever,  over  such 
District  (not  exceeding  ten  Miles  square)  as  may,  by  Cession  of  par- 
ticular States,  and  the  Acceptance  of  Congi-ess,  become  the  Seat  of 
the  Government  of  the  United  States,  and  to  exercise  like  Authority 
over  all  Places  purchased  by  the  Consent  of  the  legislature  of  the 
State  in  which  the  Same  shall  be,  for  the  Erection  of  Forts,  Maga- 
zines, Arsenals,  dock- Yards,  and  other  needful  Buildings; — And 

To  make  all  Laws  which  shall  be  necessary  and  proper  for  carrying 
into  Execution  the  foregoing  PoAvers,  and  all  other  I*owers  vested  by 
this  Constitution  in  the  Government  of  the  United  States,  or  in  any 
Department  or  Officer  thereof. 

Section  0.  The  Migration  or  Importation  of  such  Persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the  Year  one  thousand  eight  hun- 
dred and  eight,  but  a  Tax  or  duty  mav  be  imposed  on  such  Importa- 
tion, not  exceeding  ten  dollars  for  eacli  Person. 

The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  sus- 
pended, unless  when  in  Cases-  of  Rebellion  or  Invasion  the  public 
Safety  may  require  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

No  Capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  Propor- 
tion to  the  Census  or  Enumeration  herein  before  directed  to  be  taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  anj'  State. 

No  Preference  shall  be  given  by  any  Regulation  of  Commerce  or 
Revenue  to  the  Ports  of  one  State  over  those  of  another:  nor  shall 


The  (Constitution  of  the   United  States  of  America     23 

Vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or 
pay  Duties  in  another, 

No  Money  shall  be  drawn  from  the  Treasury,  but  in  Consequence 
of  Appropriations  made  by  Law;  and  a  regular  Statement  and  Ac- 
count of  the  Receipts  and  Expenditures  of  all  public  Money  shall 
be  published  from  time  to  time. 

Xo  Title  of  Nobility  shall  be  granted  by  the  United  States:  And 
no  Person  holding  any  Office  of  Profit  or  Trust  under  them,  shall, 
without  the  Consent  of  the  Congress,  accept  of  any  present.  Emolu- 
ment, Office,  or  Title,  of  any  kind  whatever,  from  any  King,  Prince, 
or  foreign  State. 

Section  10.  No  State  shall  enter  into  any  Treaty,  Alliance,  or  Con- 
federation ;  grant  Letters  of  Marque  and  Reprisal ;  coin  Money ;  emit 
Bills  of  Credit;  make  any  Thing  but  gold  and  silver  Coin  a  Tender 
in  Payment  of  Debts ;  pass  any  Bill  of  Attainder,  ex  post  facto  Law, 
or  LaAv  impairing  the  Obligation  of  Contracts,  or  grant  any  Title 
of  Nobility. 

No  State  shall,  without  the  Consent  of  the  Congress,  lay  any 
Imposts  or  Duties  on  Imports  or  Exports,  except  what  may  be  abso- 
lutely necessary  for  executing  it's  inspection  LaAvs:  and  the  net 
Produce  of  all  Duties  and  Imposts,  laid  by  any  State  on  Imports  or 
Exports,  shall  be  for  the  Use  of  the  Treasury  of  the  United  States; 
and  all  such  Laws  shall  be  subject  to  the  Revision  and  Controul  of 
the  Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any  Duty  of 
Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of  Peace,  enter  into 
any  Agreement  or  Compact  with  another  State,  or  with  a  foreign 
Power,  or  engage  in  AVar,  unless  actually  invaded,  or  in  such  immi- 
nent Danger  as  will  not  admit  of  delay. 

Article  II 

Section  1.  The  executive  Power  shall  be  vested  in  a  President  of 
the  United  States  of  America.  He  shall  hold  his  Office  during  the 
Term  of  four  Years,  and,  together  with  the  Vice  President,  chosen  for 
the  same  Term,  be  elected,  as  follows 

Each  State  shall  appoint,  in  such  Manner  as  the  Legislature  thereof 
may  direct,  a  Number  of  Electors,  equal  to  the  whole  Number  of 
Senators  and  Representatives  to  which  the  State  may  be  entitled  in 
the  Congress:  but  no  Senator  or  Representative,  or  Person  holding 
an  Office  of  Trust  or  Profit  under  the  United  States,  shall  be 
appointed  an  Elector. 

The  Electors  shall  meet  in  their  respective  States,  and  vote  by 
Ballot  for  two  Persons,  of  whom  one  at  least  shall  not  be  an  Inhabi- 
tant of  the  same  State  with  themselves.  And  they  shall  make  a  List 
of  all  the  Persons  voted  for,  and  of  the  Number  of  Votes  for  each; 
which  List  they  shall  sign  and  certify,  and  transmit  sealed  to  the  Seat 
of  the  Government  of  tlie  United  States,  directed  to  the  President  of 
the  Senate.  The  President  of  the  Senate  shall,  in  the  Presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  Certificates,  and 
the  Votes  shall  then  be  counted.  The  Person  having  the  greatest 
Number  of  Votes  shall  be  the  President,  if  such  Number  be  a  Majority 
of  the  whole  Number  of  Electors  appointed;  and  if  there  be  more 
than  one  who  have  such  Majority,  and  have  an  equal  Number  of 


24      The  Constitutimi  of  the   United  States  of  America 

Votes,  then  the  House  of  Representatives  shall  iniinediately  chuse.  by 
Ballot  one  of  them  for  President;  and  if  no  Person  have  a  Majority, 
then  from  the  five  highest  on  the  List,  the  said  House  shall  in  like 
manner  chuse  the  President.  But  in  chusing  the  President,  the 
Votes  shall  l)e  taken  by  States,  the  Representation  from  each  State 
having  one  vote;  A  quorum  for  this  Purpose  shall  consist  of  a  Mem- 
l)er  or  Meml)ers  froui  two  thirds  of  the  States,  and  a  Majority  of 
all  the  States  shall  1h'  necessary  to  a  Choice.  In  every  Case,  after 
the  Choice  of  the  President,  the  Person  having  the  greatest  Numb<n- 
of  Votes  of  the  Electors  shall  be  the  Vice  President.  But  if  there 
should  remain  two  or  more  who  have  efjual  A'^otes,  the  Senate  shall 
chuse  from  them  by  Ballot  the  Vice-President. 

The  Congress  may  determine  the  Time  of  chusing  the  Electors, 
and  the  Day  on  which  they  shall  give  their  Votes;  which  Day  shall  be 
the  same  throughout  the  United  States. 

No  person  except  a  natural  born  Citizen,  or  a  Citizen  of  the  United 
States,  at  the  time  of  the  Adoption  of  this  Constitution,  shall  l)e 
eligible  to  the  Office  of  President;  neither  shall  any  Person  be  eligible 
to  that  office  who  shall  not  have  attained  to  the  Age  of  thirty  five 
Years,  and  been  fourteen  Years  a  Resident  within  the  United  States. 

In  Case  of  the  Removal  of  the  President  from  Office,  or  of  his 
Death,  Resignation  or  Inability  to  discharge  the  Powers  and  Duties 
of  the  said  Office,  the  Same  shall  devolve  on  the  Vice  President,  and 
the  Congress  may  by  Law  provide  for  the  Case  of  Removal.  Death, 
Resignation  or  Inability,  both  of  the  President  and  Vice  President, 
declaring  what  Officer  shall  then  act  as  President,  and  such  Officer 
shall  act  accordingly,  until  the  Disability  be  removed,  or  a  President 
shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Services,  a 
Compensation,  which  shall  neither  be  encreased  nor  diminished  dur- 
ing the  Period  for  which  he  shall  have  been  elected,  and  he  shall  not 
receive  within  that  Period  any  other  Emolument  from  the  United 
States,  or  any  of  them. 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take  the 
following  Oath  or  Affirmation: — "I  do  solemnly  swear  (or  affirm) 
that  I  will  faithfully  execute  the  Office  of  President  of  the  United 
States,  and  will  to  the  best  of  my  Ability,  preserve,  jirotect  and 
defend  the  Constitution  of  the  United  States.'' 

Section  2.  The  President  shall  Ix^  Commander  in  Chief  of  the 
Army  and  Navy  of  the  United  States,  and  of  the  Militia  of  the  several 
States,  when  called  into  the  actual  Service  of  the  -United  States ;  he 
may  require  the  Opinion,  in  writing,  of  the  principal  Officer  in  each 
of  the  executive  Departments,  upon  any  Subject  relating  to  the 
Duties  of  their  respective  Offices,  and  he  shall  have  Power  to  grant 
Reprieves  and  Pardons  for  Offences  against  the  United  States,  except 
in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  Avith  the  Advice  and  Consent  of  the 
Senate,  to  make  Treaties,  provided  two  thirds  of  the  Senators  present 
concur;  and  he  shall  nominate,  and  by  and  with  the  Advice  and 
Consent  of  the  Senate,  shall  appoint  Ambassadors,  other  public  Min- 
isters and  Consuls,  Judges  of  tne  suj^reme  Court,  and  all  other  Offi- 
cers of  the  United  States,  whose  Appointments  are  not  herein  other- 
wise provided  for,  and  which  shall  be  established  by  Law:  but  the 


The  Constitution  of  the  United  States  of  America     25 

Congress  may  by  Law  vest  the  Appointment  of  such  inferior, Offi- 
cers, as  they  think  proper,  in  the  President  alone,  in  the  Courts  of 
Law,  or  in  the  Heads  of  Departments. 

The  President  shall  have  Power  to  fill  up  all  Vacancies  that  may 
happen  during  the  Recess  of  the  Senate,  by  granting  Commissions 
which  shall  expire  at  the  End  of  their  next  session. 

Section  3.  He  shall  from  time  to  time  give  to  the  Congress  Infor- 
mation of  the  State  of  the  Union,  and  recommend  to  their  Considera- 
tion such  Measures  as  he  shall  judge  necessary  and  expedient;  he 
may,  on  extraordinary  Occasions,  convene  both  Houses,  or  either  of 
them,  and  in  Case  oi  Disagreement  between  them,  with  Respect  to 
the  time  of  Adjournment,  he  may  adjourn  them  to  such  Time  as  he 
shall  think  proper;  he  shall  receive  Ambassadors  and  other  public 
Ministers;  he  shall  take  Care  that  the  Laws  be  faithfully  executed, 
and  shall  commission  all  the  Officers  of  the  United  States. 

Section  4.  The  President,  Vice  President,  and  all  civil  Officers  of 
the  United  States,  shall  be  removed  from  Office  on  Impeachment  for, 
and  Conviction  of,  Treason,  Bribery,  or  other  high  Crjmes  and 
Misdemeanors. 

Article  III 

Section  1.  The  judicial  Power  of  the  United  States,  shall  be  vested 
in  one  supreme  Court,  and  in  such  inferior  Courts  as  the  Congress 
may  from  time  to  time  ordain  and  establish.  The  Judges,  both  of 
the  supreme  and  inferior  Courts,  shall  hold  their  Offices  during  good 
Behaviour,  and  shall,  at  stated  Times,  receive  for  their  Services,  a 
Compensation,  Avhich  shall  not  be  diminished  during  their  Continu- 
ance in  Office. 

Section  2.  The  judicial  Power  shall  extend  to  all  Cases,  in  Law 
and  Equity,  arising  under  this  Constitution,  the  Laws  of  the  United 
States,  and  Treaties  made,  or  which  shall  be  made,  under  their 
Authority; — to  all  Cases  affecting  Ambassadors,  other  public  Min- 
isters and  Consuls; — to  all  Cases  of  admiralty  and  maritime  Juris- 
diction;— to  Controversies  to  which  the  United  States  shall  be  a 
Party; — to  Controversies  between  two  or  more  States; — between  a 
State  and  Citizens  of  another  State; — between  Citizens  of  different 
States, — between  Citizens  of  the  same  State  claiming  Lands  under 
Grants  of  different  States,  and  between  a  State,  or  the  Citizens 
thereof,  and  foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Ministers  and 
Consuls,  and  those  in  which  a  State  shall  be  Party,  the  supreme 
Court  shall  have  original  Jurisdiction.  In  all  the  other  Cases  before 
mentioned,  the  supreme  Court  shall  have  appellate  Jurisdiction,  both 
as  to  Law  and  Fact,  with  such  Exceptions,  and  under  such  Regula- 
tions as  the  Congress  shall  make. 

The  Trial  of  all  Crimes,  excej^t  in  Cases  of  Impeachment,  shall 
be  by  Jury ;  and  such  Trial  shall  be  held  in  the  State  where  the  said 
Crimes  shall  have  been  committed;  but  when  not  committed  within 
any  State,  the  Trial  shall  be  at  such  Place  or  Places  as  the  Congress 
may  by  Law  have  directed. 

Section  3.  Treason  against  the  United  States,  shall  consist  only 
in  levying  War  against  them,  or  in  adhering  to  their  Enemies,  giving 


26      The  Constitution  of  the   United  States  of  America 

them  Aid  and  Comfort.  No  Person  shall  be  convicted  of  Treason 
unless  on  the  Testimony  of  two  Witnesses  to  the  same  overt  Act,  or 
on  Confession  in  open  Court. 

The  Coniyn'ess  shall  have  Power  to  declare  the  Punishment  of 
Treason,  but  no  Attainder  of  Treason  sliall  work  (^orr\iption  of 
Blood,  or  Forfeiture  except  during  the  Life  of  the  Person  attained. 

Article  IV 

Section  1.  Full  Faith  and  Credit  shall  be  given  in  each  State  to 
the  public  Acts,  Records,  and  judicial  Proceedings  of  every  other 
State.  And  the  Congress  may  by  general  Laws  prescribe  the  Manner 
in  which  such  Acts,  Records  and  Proceedings  shall  be  proved,  and  the 
Effect  thereof. 

Section  2.  The  Citizens  of  each  State  shall  be  entitled  to  all  Priv- 
ileges and  Immunities  of  Citizens  in  the  several  States. 

A  person  charged  in  any  State  with  Treason,  Felony,  or  other 
Crime,  who  shall  flee  from  Justice,  and  be  found  in  another  State, 
shall  on  Demand  of  the  executive  Authority  of  the  State  from  which 
he  fled,  be  delivered  up  to  be  removed  to  the  State  having  Jurisdiction 
of  the  Crime. 

No  person  held  to  Service  or  Labour  in  one  State,  under  the  Laws 
thereof,  escaping  into  another,  shall,  in  Consequence  of  any  Law  or 
Regulation  therein,  be  discharged  from  such  Service  or  Labour,  but 
shall  l)e  delivered  up  on  Claim  of  the  Party  to  whom  such  Service  or 
Labour  may  be  due. 

Section  3.  New  States  may  be  admitted  by  the  Congress  into  this 
Union;  but  no  new  State  shall  be  formed  or  erected  within  the 
Jurisdiction  of  any  other  State;  nor  any  State  be  formed  by  the  Junc- 
tion of  two  or  more  States,  or  Parts  of  States,  without  the  Consent  of 
the  Legislatures  of  the  States  concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  Power  to  dispose  of  and  make  all  needful 
Rules  and  Regulations  respecting  the  Territory  or  other  Property 
belonging  to  the  United  States;  and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  Prejudice  any  Claims  of  the  United  States,  or  of 
any  particular  State. 

Section  4.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  Republican  Form  of  Government,  and  shall  protect  each  of 
them  against  Invasion ;  and  on  Application  of  the  Legislature,  or  of 
the  Executive  (when  the  Legislature  cannot  be  convened)  against 
domestic  Violence. 

Article  V 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 
Application  of  the  Legislatures  of  two  thirds  of  the  several  States, 
shall  call  a  Convention  for  proposing  Amendments,  which,  in  either 
Case,  shall  l)e  valid  to  all  Intents  and  Purposes,  as  Part  of  this  Con- 
stitution, when  ratified  by  the  Legislatures  of  three  fourths  of  the  sev- 
eral States,  or  by  Conventions  in  three  fourths  thereof,  as  the  one  or 
the  other  Mode  of  Ratification  may  be  proposed  by  the  Congress; 
Provided  that  no  Amendment  which  may  be  made  prior  to  the  Year 


The  Constitution  of  the  United  States  of  America     27 

One  thousand  eight  hundred  and  eight  shall  in  any  Manner  affect 
the  first  and  fourth  Clauses  in  the  Ninth  Section  of  the  first  Article ; 
and  that  no  State,  without  its  Consent,  shall  be  deprived  of  its  equal 
Suffrage  in  the  Senate. 

Article  VI 

All  Debts  contracted  and  Engagements  entered  into,  before  the 
Adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation. 

This  Constitution,  and  the  Laws  of  the  United  States  which  shall 
be  made  in  Pursuance  thereof:  and  all  Treaties  made,  or  which  shall 
be  made,  under  the  Authority  of  the  United  States,  shall  be  the  su- 
preme Law  of  the  Land;  and  the  Judges  in  every  State  shall  be 
bound  thereby,  any  Thing  in  the  Constitution  or  Laws  of  any  State 
to  the  Contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the  Mem- 
bers of  the  several  State  Legislatures,  and  all  executive  and  judicial 
Officers,  both  of  the  United  States  and  of  the  several  States,  shall  be 
bound  by  Oath  or  Affirmation,  to  support  this  Constitution ;  but  no 
religious  Test  shall  ever  be  required  as  a  Qualification  to  any  Office 
or  public  Trust  under  the  United  States. 

Article  VII 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be  suffi- 
cient for  the  Establishment  of  this  Constitution  between  the  States 
so  ratifying  the  Same. 

The  Word,  "  the",  being  in- 
terlined between  the  Seventh 
and  eighth  Lines  of  the  first 

bemg  partly  written  on  In  DoNE  In  Convention  by  the  Unanimous  Con- 
ofTh"e'flr"t|ag|"The%o^^^  ^^nt  of  the  States  present^  the  Seventeenth 
"is  tried"  being  interlined  be-       Day  of  September  in  the  Year  of  our  Lord 

tween  the  thirtv  second  and  'j.i  i  ujj         j  tt<*    i.^. 

thirty  third  Lines  of  the  first  One  thousand  sevcn  hundred  and  Eighty  seven 
>^riSlk\^rbet;;eef  the  and  of  the  Independance  of  the  United 
forty  third  and  forty  fourth       States  ot  America  the  Twelfth  111  Witness 

Lines  of  the  second  Page.  i  j?    \\r       i  >  ,  u         -i     j 

[Note   by  PRixTER.-The       whercoT    We  havc   hereunto  subscribed  our 


interlined  and  rewritten 
words,  mentioned  in  the 
above  explanation,  are  in 
this  edition,  printed  in  their 
proper  places  in  the  text.] 


Names, 


(t^  :  Washington — Presidt. 

and  deputy  from  Virginia 


Attest  WiLLL\:\i  Jackson  Seeretari/ 

-XT       ir         7-1  John  Langdox       ) 
^  \  Nicholas  Gilman  ) 

-1/         /       ,,  i  Nathaniel  (torham 

\  RuFus  King 

Connecticut  *  ^^^'-  ^^^^^-  '^<^»NSON 

(  Roger  Sherman 

Mew  Yorh    .    .    .    Alexander  Hamilton 


28      The  Constitution  of  the   United  States  of  America 


]Seu'>  'Jt't'He;/ 


Peniufyl/va/ni^i 


Deluirare 

Maryland 
Virginiii 
North  Carolina 

South  Carolina 
Georgia 


"WiL :  Livingston 
David  Brearley. 
Wm.  Paterson. 
Jona:  Dayton 

B  Franklin 
Thomas  Miffun 
RoBT.  Morris 
Geo.  Clymer 
Thos.  Fitz  Simons 
Jared  Inoersoll 
James  Wilson 
Gouv  Morris 

Geo:  Keai> 

Gunning  Bedford  jun 
\  John  Dickinson 
I  Richard  Bassett 
[Jaco:  Broom 

[James  McHenry 

-J  Dan  of  St  Thoh.  Jemfeu 

[Danl  Carroll 


]•: 


John  Blair — 
James  Madison  Jr. 


1  Wm:  Blount 
-I  Richd.  Dobbs  Spaight. 
[Hu  Williamson 

I  J.  Rutledge, 

j  Charles  Pinckney, 

I  Charles  Cotesworth  Pinckney, 

[Pierce  Butler. 

j  William  Few, 
I  Abr.  Baldwin. 


Attest: 


WiLLiA3i  Jackson,  Secretary. 


AMENDMENTS 

ARTICLES  IN  ADDITION   TO,   AND  AMENDMENT  OF,   THE   CONSTI- 
TUTION OF  THE  UNITED  STATES  OF  AMERICA 

Proposed  by   Congress,   and  Ratified   by  the  Legislatures   of  tbe   Several 
States  Pursuant  to  the  Fifth  Article  of  the  Original  Constitution 

[Article  I] 

Congress  shall  make  no  law  respecting  an  establishment  of  religion, 
or  prohibiting  the  free  exercise  thereof ;  or  abridging  the  freedom  of 
speech,  or  of  the  press ;  or  the  right  of  the  people  peaceably  to  assem- 
ble, and  to  petition  the  Government  for  a  redress  of  grievances. 

[Article  II] 

A  well  regulated  Militia,  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  Arms,  shall  not  be 
infringed. 

[Article  III] 

No  Soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  with- 
out the  consent  of  the  Owner,  nor  in  time  of  war,  but  in  a  manner  to 
be  prescribed  by  law. 

[Article  IV] 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated,  and  no  Warrants  shall  issue,  but  upon  probable  cause,  sup- 
ported by  Oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

[Article  V] 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  in- 
fiamous  crime,  unless  on  a  presentment  or  indictment  of  a  Grand 
Jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
Militia,  when  in  actual  service  in  time  of  War  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  offence  to  be  twice  put 
in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any  Criminal 
Case  to  be  a  witness  against  himself,  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law;  nor  shall  private  property 
be  taken  for  public  use,  without  just  compensation. 

[Article  VI] 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 

7251— VOL  1—07 5  29 


30  Amendments 

wherein  the  crime  shall  have  been  committed,  which  district  shall 
have  been  previouslv  ascertained  by  law,  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation;  to  be  confronted  with  the  wit- 
nesses against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  to  have  the  Assistance  of  Counsel  for  his 
defence. 

[Article  VII] 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no 
fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any  Court  of 
the  United  States,  than  according  to  the  rules  of  the  common  law. 

[Article  VIII] 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

[Article  IX] 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

[Article  X] 

The  powers  not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States  respect- 
ively, or  to  the  people. 

[Article  XI] 

The  Judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  in  law  or  e(juity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  Citizens  of  another  State,  or  by  Citizens 
or  Subjects  of  any  Foreign  State. 

[Article  XII] 

The  Electors  shall  meet  in  their  respective  states,  and  vote  by  ballot 
for  President  and  Vice-President,  one  of  whom,  at  least,  shall  not  be 
an  inhabitant  of  the  same  state  with  themselves;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice-President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  of  all  persons  voted  for 
as  Vice-President,  and  of  the  number  of  votes  for  each,  which  lists 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  gov- 
ernment of  the  United  States,  directed  to  the  President  of  the 
Senate; — The  President  of  the  Senate  shall,  in  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates  and 
the  votes  shall  then  be  counted; — The  person  having  the  greatest 
number  of  votes  for  President,  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed ;  and  if  no 
person  have  such  majority,  then  from  the  persons  having  the  highest 
numbers  not  exceeding  three  on  the  list  or  those  voted  for  as  Presi- 
dent, the  House  of  Representatives  shall  choose  immediately,  by  bal- 
lot, the  President.    But  in  choosing  the  President,  the  votes  shall  be 


Amendments  31 

taken  by  states,  the  representation  from  each  state  having  one  vote; 
a  quorum  for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be  neces- 
sary to  a  choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,  as  in  the  case  of  the  death  or  other 
constitutional  disability  of  the  President.  The  person  having  the 
greatest  number  of  votes  as  Vice-President,  shall  be  the  Vice-Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed,  and  if  no  person  have  a  majority,  then  from  the  two  high- 
est numbers  on  the  list,  the  Senate  shall  choose  the  Vice-President; 
a  quorum  for  the  purpose  shall  consist  of  two-thirds  of  the  whole 
number  of  Senators,  and  a  majority  of  the  whole  number  shall  be 
necessary  to  a  choice.  But  no  person  constitutionally  ineligible  to 
the  office  of  President  shall  be  eligible  to  that  of  Vice-President  of  the 
United  States. 

[Article  XIII*] 

Section  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime  whereof  the  party  shall  have  been  duly  con- 
victed, shall  exist  within  the  United  States,  or  any  place  subject  to 
their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

[Article  XlVf] 

Section  1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  State  wherein  they  reside.  No  State  shall  make  or 
enforce  any  law  which  shall  abridge  the  privileges  or  immunities  of 
citizens  of  the  United  States ;  nor  shall  any  State  deprive  ^ny  person 
of  life,  liberty,  or  property,  without  due  process  of  law ;  nor  deny  to 
any  person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

Section  2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the  whole  num- 
ber of  persons  in  each  State,  excluding  Indians  not  taxed.  But  when 
the  right  to  vote  at  any  election  for  the  choice  of  electors  for  Presi- 
dent and  Vice  President  of  the  United  States,  Representatives  in 
Congress,  the  Executive  and  Judicial  officers  of  a  State,  or  the  mem- 
bers of  the  Legislature  thereof,  is  denied  to  any  of  the  male  inhabi- 
tants of  such  State,  being  twenty-one  years  of  age,  and  citizens  of  the 
United  States,  or  in  any  way  abridged,  except  for  participation  in 
rebellion,  or  other  crime,  the  basis  of  representation  therein  shall  be 
reduced  in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty-one  years  of 
age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Representative  in  Con- 
gress, or  elector  of  President  and  Vice  President,  or  hold  any  office, 
civil  or  military,  under  the  United  States,  or  under  any  State,  who, 
having  previously  taken  an  oath,  as  a  member  of  Congress,  or  as  an 
officer  of  the  United  States,  or  as  a  member  of  any  State  Legislature, 
or  as  an  executive  or  judicial  officer  of  any  State,  to  support  the  Con- 
stitution of  the  United  States,  shall  have  engaged  in  insurrection  or 


32  Amendments 

rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  Congress  may  by  a  vote  of  two-thirds  of  each  House, 
remove  such  disability. 

Section  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pensions 
and  bounties  for  services  in  suppressing  insurrection  or  rebellion, 
shall  not  be  questioned.  But  neither  the  United  States  nor  anv  State 
shall  assume  or  pay  anj^  debt  or  obligation  incurred  in  aid  of  insur- 
rection or  rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave;  but  all  such  debts,  obligations  and 
claims  shall  be  held  illegal  and  void. 

Section  5.  The  Congress  shall  have  power  to  enforce,  by  appro- 
priate legislation,  the  provisions  of  this  article.* 

RATIFICATION  OF  THE  CONSTITUTION  * 

The  Constitution  was  adopted  by  a  Convention  of  the  States  Sep- 
tember 17,  1787,  and  was  subsequently  ratified  by  the  several  States, 
in  the  following  order,  viz. : 

Delaware,  December  7,  1787. 
Pennsylvania,  December  12,  1787. 
New  Jersey,  December  18, 1787. 
Georgia,  January  2,  1788. 
Connecticut,  January  9,  1788. 
Massachusetts,  February  6, 1788. 
Maryland,  April  28, 1788. 
South  Carolina,  May  23,  1788. 
New  Hampshire,  June  21,  1788. 
Virginia,  June  26,  1788. 
New  York,  July  26,  1788. 
North  Carolina,  November  21.  1789. 
Rhode  Island,  May  29,  1790. 

The  State  of  Vermont,  by  convention,  ratified  the  Constitution  on 
the  10th  of  January,  1791,  and  was,  by  an  act  of  Congress  of  the  18th 
of  February,  1791,  "  received  and  admitted  into  this  Union  as  a  new 
and  entire  member  of  the  United  States  of  America." 

EATIFICATIONS  OF  THE  AMENDMENTS  TO  THE   CONSTITUTION 

The  first  ten  articles  of  amendment  (with  two  others  which  were 
not  ratified  by  the  requisite  number  of  States)  were  submitted  to  the 
several  State  Legislatures  by  a  resolution  of  Congress  which  passed 
on  the  25th  of  September,  1789,  at  the  first  session  of  the  First  Con- 
gress, and  were  ratified  by  the  Legislatures  of  the  following  States : 

New  Jersey,  November  20,  1789. 
Maryland,  December  19,  1789. 
North  Carolina,  December  22,  1789. 
South  Carolina,  January  19, 1790. 
New  Hampshire,  January  25,  1790. 
Delaware,  January  28, 1790. 
Pennsylvania,  March  lO,  1790. 
New  York,  March  27, 1790. 
Rhode  Island,  June  15, 1790. 


Amendments  33 

Vermont,  November  3,  1791. 
Virginia,  December  15,  1791. 

The  acts  of  the  Legislatures  of  the  States  ratifying  these  amend- 
ments were  transmitted  by  the  governors  to  the  President,  and  by 
him  communicated  to  Congress.  The  Legislatures  of  Massachusetts, 
Connecticut,  and  Georgia,  do  not  appear  by  the  record  to  have  ratified 
them. 

The  eleventh  article  was  submitted  to  the  Legislatures  of  the 
several  States  by  a  resolution  of  Congress  passed  on  the  5th  of  March, 
1794,  at  the  first  session  of  the  Third  Congress;  and  on  the  8th  oi 
January,  1798,  at  the  second  session  of  the  Fifth  Congress,  it  was 
declared  by  the  President,  in  a  message  to  the  two  Houses  of  Congress, 
to  have  been  adopted  by  the  Legislatures  of  three-fourths  of  the 
States,  there  being  at  that  time  sixteen  States  in  the  Union. 

The  twelfth  article  was  submitted  to  the  Legislatures  of  the  several 
States,  there  being  then  seventeen  States,  by  a  resolution  of  Congress 
passed  on  the  12th  of  December,  1803,  at  the  first  session  of  the 
Eighth  Congress;  and  was  ratified  by  the  Legislatures  of  three- 
fourths  of  the  States,  in  1804,  according  to  a  proclamation  of  the 
Secretary  of  State  dated  the  25th  of  September,  1804. 

The  thirteenth  article  was  submitted  to  the  Legislatures  of  the 
several  States,  there  being  then  thirty-six  States,  b}'^  a  resolution  of 
Congress  passed  on  the  1st  of  February,  1865,  at  the  second  session, 
of  the  Thirty-eighth  Congress,  and  was  ratified,  according  to  a  proc- 
lamation of  the  Secretary  of  State  dated  December  18,  1865,  by  the 
Legidatures  of  the  following  States : 

Illinois,  February  1,  1865. 
Rhode  Island,  February  2,  1865. 
Michigan,  February  2,  1865. 
Maryland,  February  3,  1865. 
New  York,  February  3, 1865. 
West  Virginia,  February  3,  1865. 
Maine,  February  7,  1865. 
Kansas,  February  7,  1865. 
Massachusetts,  February  8,  1865. 
Pennsylvania,  February  8,  1865. 
Virginia,  February  9, 1865. 
Ohio,  February  10,  1865. 
Missouri,  February  10,  1865. 
Indiana,  February  16, 1865. 
Nevada,  February  16,  1865. 
Louisiana,  February  17, 1865. 
Minnesota,  February  23,  1865. 
Wisconsin,  March,  1,  1865. 
Vermont,  March  9,  1865. 
Tennessee,  April  7, 1865, 
Arkansas,  April  20,  1865. 
Connecticut,  May  5,  1865. 
New  Hampshire,  July  1,  1865. 
South  Carolina,  November  13,  1865. 
Alabama,  December  2,  1865. 
North  Carolina,  December  4,  1865. 
Georgia,  December  9, 1865. 


34  Amendments 

The  following  States  not  enumerated  in  the  proclamation  of  the 
Secretary  of  State  also  ratified  this  amendment: 

Oregon,  December  11,  1865. 
California,  December  20,  1865. 
Florida,  December  28,  1865. 
New  Jersey,  January  23,  1866. 
Iowa,  January  24,  1866. 
Texas,  February  18,  1870. 

Mississippi  rejected  the  amendment  December  4,  1865;  Kentucky, 
February  22,  1865;  Delaware,  P^ebruary  7,  1867;  Maryland,  March 
23,1867. 

The  fourteenth  article  was  submitted  to  the  Legislatures  of  the  sev- 
eral States,  there  being  then  thirty-seven  States,  by  a  resolution  of 
Congress  passed  on  the  16th  of  June,  1866,  at  the  first  session  of  the 
Thirty-ninth  Congress;  and  was  ratified,  according  to  proclamation 
of  the  Secretary  of  State  dated  July  28,  1868,  by  the  I^egislatures  of 
the  following  States : 

Connecticut,  June  30,  1866. 
New  Hampshire,  July  7,  1866. 
Tennessee,  July  19,  1866. 
New  Jersey,  September  11,  1866." 
Oregon,  September  19,  1866.6 
Vermont,  November  9,  1866. 
New  York,  January  10,  1867. 
Ohio,  January  11,  1867.'^ 
Illinois,  January  15,  1867. 
West  Virginia,  January  16,  1867. 
Kansas,  January  18,  1867. 
Maine,  January  19, 1867. 
Nevada,  January  22,  1867. 
Missouri,  January  26,  1867. 
Indiana,  January  29,  1867. 
Minnesota,  February  1,  1867. 
Rhode  Island,  February  7,  1867. 
Wisconsin,  February  13,  1867. 
Pennsylvania,  February  13,  1867. 
Michigan,  February  15,  1867. 
Massachusetts,  March  20,  1867. 
Nebraska,  June  15,  1867. 
Iowa,  April  3,  1868! 
Arkansas,  April  6,  1868, 
Florida,  June  9,  1868! 
North  Carolina,  July  4, 1868. 
Louisiana,  July  9,  1868. 
South  Carolina,  July  9, 1868. 
Alabama,  July  13, 1868. 
Georgia,  July  21,  1868. 

"New  Jersey  withdrew  her  consent  to  the  ratification  in  April,  1868. 
6  Oregon  withdrew  her  consent  to  the  ratification  October  15,  1868. 
c  Ohio  withdrew  her  consent  to  the  ratification  in  January,  1868. 


Amendments  35 

The  State  of  Virginia  "  ratified  this  amendment  on  the  8th  of  Octo- 
ber, 1869;  Mississippi,  January  17,  1870;  Texas,  February  18,  1870, 
subsequent  to  the  date  of  the  proclamation  of  the  Secretary  of  State. 

The  States  of  Delaware,  Maryland,  and  Kentucky  rejected  the 
amendment. 

The  fifteenth  article  was  submitted  to  the  Legislatures  of  the  several 
States,  there  being  then  thirty-seven  States,  by  a  resolution  of  Con- 
gress passed  on  the  27th  of  February,  1869,  at  the  first  session  of  the 
Forty-first  Congress;  and  was  ratified,  according  to  a  proclamation 
of  the  Secretary  of  State  dated  March  30, 1870,  by  the  Legislatures  of 
the  following  States: 

Nevada,  March  1,  1869. 
West  Virginia,  March  3,  1869. 
North  Carolina,  March  5,  1869. 
Louisiana,  March  5,  1869. 
Illinois,  March  5,  1869. 
Michigan,  March  8,  1869. 
Wisconsin,  March  9,  1869. 
Massachusetts,  March  12, 1869. 
Maine,  March  12,  1869. 
South  Carolina,  March  16,  1869. 
Pennsylvania,  March  26,  1869. 
Arkansas,  March  30,  1869. 
New  York,  April  14,  1869.'' 
Indiana,  May  14,  1869. 
Connecticut,  May  19,  1869. 
Florida,  June  15,  1869. 
New  Hampshire,  July  7,  1869. 
Virginia,  October  8,  1869. 
Vermont,  October  21,  1869. 
Alabama,  November  24,  1869. 
Missouri,  January  10,  1870. 
Mississippi,  January  17,  1870. 
Rhode  Island,  January  18,  1870. 
Kansas,  January  19,  1870. 
Ohio,  January  27,  1870.^ 
Georgia,  February  2,  1870. 
Iowa,  February  3, 1870. 
Nebraska,  February  17,  1870. 
Texas,  February  18,  1870. 
Minnesota,  February  19,  1870. 

The  State  of  New  Jersey  ratified  this  amendment  on  the  21st  of 
February,  1871,  subsequent  to  the  date  of  the  proclamation  of  the 
Secretary  of  State. 

The  States  of  California,  Delaware,  Kentucky,  Maryland,  Oregon, 
and  Tennessee  rejected  this  amendment. 

a  North  Carolina,  South  Carolina,  Georgia,  and  Virginia  had  previously  re- 
jected the  amendment. 

&  New  York  withdrew  her  consent  to  the  ratification  January  5,  1870. 
c  Ohio  had  previously  rejected  the  amendment  May  4,  1869. 


Commissions,  Charters 
and  Plans  of  Union 


1492-1754 


37 


PRIVILEGES  AND  PREROGATIVES  GRANTED  BY  THEIR 
CATHOLIC  MAJESTIES  TO  CHRISTOPHER  COLUMBUS- 
1492* 

Ferdinand  and  Elizabeth,  by  the  Grace  of  God,  King  and  Queen  of 
Castile,  of  Leon,  of  Arragon,  of  Sicily,  of  Granada,  of  Toledo,  of 
Valencia,  of  Galicia,  of  Majorca,  of  Minorca,  of  Sevil,  of  Sardinia, 
of  Jaen,  of  Algarve,  of  Algezira,  of  Gibraltar,  of  the  Canary 
Islands,  Count  and  Countess  of  Barcelona,  Lord  and  Lady  of 

■  Biscay  and  Molina,  Duke  and  Duchess  of  Athens  and  Neopatria, 
Count  and  Countess  of  Rousillion  and  Cerdaigne,  Marquess  and 
Marchioness  of  Oristan  and  Gbciano,  &c. 

For  as  much  of  you,  Christopher  Columbus,  are  going  by  our  com- 
mand, with  some  of  our  vessels  and  men,  to  discover  and  subdue 
some  Islands  and  Continent  in  the  ocean,  and  it  is  hoped  that  by 
God's  assistance,  some  of  the  said  Islands  and  Continent  in  the  ocean 
will  be  discovered  and  conquered  by  your  means  and  conduct,  there- 
fore it  is  but  just  and  reasonable,  that  since  you  expose  yourself  to 
such  danger  to  serve  us,  you  should  be  rewarded  for  it.  And  we 
being  willing  to  honour  and  favour  you  for  the  reasons  aforesaid; 
Our  will  is,^That  you,  Christopher  Columbus,  after  discovering  and 
conquering  the  said  Islands  and  Continent  in  the  said  ocean,  or  any 
of  them,  shall  be  our  Admiral  of  the  said  Islands  and  Continent  you 
shall  so  discover  and  conquer;  and  that  you  be  our  Admiral,  Vice- 
Roy,  and  Governour  in  them,  and  that  for  the  future,  you  may  call 
and  stile  yourself,  D.  Christopher  Columbus,  and  that  your  sons  and 
successors  in  the  said  employment,  may  call  themselves  Dons, 
Admirals,  Vice-Roys,  and  Governours  of  them;  and  that  you  may 
exercise  the  office  of  Admiral,  with  the  charge  of  Vice-Roy  and 
Governour  of  the  said  Islands  and  Continent,  which  you  and  your 
Lieutenants  shall  conquer,  and  freely  decide  all  causes,  civil  and 
criminal,  appertaining  to  the  said  employment  of  Admiral,  Vice- 
Roy,  and  Governour,  as  you  shall  think  fit  in  justice,  and  as  the 
Admirals  of  our  kingdoms  use  to  do;  and  that  you  have  power  to 
punish  offenders ;  and  you  and  your  Lieutenants  exercise  the  employ- 
ments of  Admiral,  Vice-Roy,  and  Governour,  in  all  things  belonging 
to  the  said  offices,  or  any  of  them ;  and  that  you  enjoy  the  perquisites, 
and  salaries  belonging  to  the  said  employments,  and  to  each  of  them, 
in  the  same  manner  as  the  High  Admiral  of  our  kingdoms  does.  And 
by  this  our  letter,  or  a  copy  of  it  signed  by  a  Public  Notary:  We 
command  Prince  John,  our  most  dearly  beloved  Son,  the  Infants, 
Dukes,  Prelates,  Marquesses,  Great  Masters  and  Military  Orders, 
Priors,  Commendaries,  otfr  Counsellors,  Judges,  and  other  Officers  of 

*  Hazard's  Historical  Collections  of  State  Papers,  I.     1-6. 

39 


40        Privileges,  etc.,  Granted  to  Christopher  Columhus 

Justice  whatsoever,  belonging  to  our  Household,  Courts,  and 
Chancery,  and  Constables  of  Castles,  Strong  Houses,  and  others ;  and 
all  Corporations,  Bayliffs,  Governours,  Judges,  Commanders,  Sea 
Officers;  and  the  Aldermen,  Common  Council,  Officers,  and  Good 
People  of  all  Cities,  Lands,  and  Places  in  our  Kingdoms  and  Domin- 
ions, and  in  those  you  shall  conquer  and  subdue,  and  the  captains, 
masters,  mates,  anct  other  officers  and  sailors,  our  natural  subjects 
now  being,  or  that  shall  be  for  the  time  to  come,  and  any  of  them, 
that  when  you  shall  have  discovered  the  said  Islands  and  Continent 
in  the  ocean ;  and  you,  or  any  that  shall  have  your  commission,  shall 
have  taken  the  usual  oath  in  such  cases,  that  they  for  tlve  future,  look 
upon  you  as  long  as  you  live,  and  after  you,  your  son  and  heir,  and  so 
from  one  heir  to  another  forever,  as  our  Admiral  on  our  said  Ocean, 
and  as  Vice-Roj^  and  Governour  of  the  said  Islands  and  Continent, 
by  you,  Christopher  Columhus^  discovered  and  conquered ;  and  that 
they  treat  you  and  your  Lieutenants,  by  you  appointed,  for  executing 
the  employments  of  Admiral,  Vice-Roj,  and  (xovernour,  as  such  in 
all  respects,  and  give  you  all  the  perquisites  and  other  things  belong- 
ing and  appertaining  to  the  said  offices;  and  allow,  and  cause  to  be 
allowed  you,  all  the  honours,  graces,  concessions,  prehaminences,  pre- 
rogatives, immunities,  and  other  things,  or  any  of  them  which  are 
due  to  you,  by  virtue  of  your  commands  of  Aamiral,  Vice-roy,  and 
Governour,  and  to  be  observed  completely,  so  that  nothing  be  di- 
minished ;  and  that  they  make  no  objection  to  this,  or  any  part  of  it, 
nor  suffer  it  to  be  made;  forasmuch  as  we  from  this  time  forward,  by 
this  our  letter,  bestow  on  you  the  employments  of  Admiral,  Vice- 
Roy,  and  perpetual  Governour  forever ;  and  we  put  you  into  posses- 
sion of  the  said  offices,  and  of  every  of  them,  and  fiill  power  to  use  and 
exercise  them,  and  to  receive  the  perquisites  and  salaries  belonging  to 
them,  or  any  of  them,  as  was  said  above.  Concerning  all  which  things, 
if  it  be  requisite,  and  you  shall  desire  it.  We  command  our  Chan- 
cellour.  Notaries,  and  other  Officers,  to  pass,  seal,  and  deliver  to  you, 
our  Letter  of  Privilege,  in  such  form  and  legal  manner,  as  you  shall 
require  or  stand  in  need  of.  And  that  none  of  them  presume  to  do 
any  thing  to  the  contrary,  upon  pain  of  our  displeasure,  and  for- 
feiture of  30  ducats  for  each  offence.  And  we  command  him,  who 
shall  show  them  this  our  letter,  that  he  summon  them  to  appear 
before  us  at  our  Court,  where  we  shall  then  be,  within  fifteen  days 
after  such  summons,  under  the  said  penalty.  Under  which  same,  we 
also  command  any  Public  Notary  whatsoever,  that  he  give  to  him 
that  shows  it  him,  a  certificate  imder  his  seal,  that  we  may  know  how 
our  command  is  obeyed. 

Given  at  Granada,  on  the  30th  of  April,  in  the  year  of  our  Lord, 
1492.— 

I,  The  King,  I,  The  Queen. 

By  their  Majesties  Command, 
John  Coloma, 

Secretary  to  the  Kirig  and  Queen. 

Entered  according  to  order. 

Roderick.  Doctor. 
Sebastian  Dolona, 
Francis  de  Madrid, 

Councellors. 

Regi?tered 


V 


BULL  OF  POPE  ALEXANDER  CONCEDING  AMERICA  TO 

SPAIN-1493* 

Exemplar  Bulle  seu  Donationis  Authoritate  cujus,  Epsicopus 
Romanus  Alexander,  ejus  nominis  Sextus^  concessit  et  donavit 
Castelle  Regihus  et  suis  successoribus,  Regiones  et  Insulas  Novi 
Orbis  in  Oceano  occidentali  Hispanonim  navigationibus  repertas. 

Alexander  Episcopus^  Servus  Servorum  Dei^  Charissimo  in  Christo 
Filio^  Ferdinando  Regi,  et  Charissimce  in  Christo  Filim  Elizabeth 
Regince,  Gastellce^  Legionis^  Arragonum^  Sicilice,  et  Granatw,  Illus- 
tribus,  Salutem  et  Apostolicam  Benedictionem. 

Inter  csetera  Divinae  Majestati  bene  placita  opera  et  cordis  nostri 
desiderabilia,  illiid  profecto  potissimum  existit,  ut  Fides  Catholica  et 
Christiana  Religio  nostris  prsesertim  temporibus  exaltetur,  ac  ubilibet 
amplietur  ac  dilatetur,  animariimque  salus  procuretur,  ac  barbarae 
nationes  deprimantur  et  ad  Fidem  ipsam  reducantur.  Unde  cum 
ad  hanc  Sacram  Petri  Sedem  Divina  favente  dementia  (meritis  licet 
imparibus)  evocati  fuerimus,  cognoscentes  vos  tanquam  vere  Catho- 
licos  Reges  et  Principes:  Quales  semper  fiiisse  novimus,  et  a  vobis 
prseclare  gesta,  toti  paene  orbi  notissima  demonstrant,  nedum  id 
exoptare,  sed  omni  conatu,  studio,  &  diligentia,  nuUis  laboribus, 
nullis  impensis,  nullisque  parcendo  periculis,  etiam  proprium  san- 
guinem  effundendo  efficere,  ac  omnem  animum  vestrum,  omnesque 
conatus  ad  hoc  jamdudum  dedicasse,  quem  admodum  recuperatio 
Regni  Granatse  a  Tyrannide  Saracenorum  hodiernis  temporibus  per 
vos,  cum  tanta  Divini  nominis  gloria  facta,  testatur.  Dime  ducimur 
non  immerito,  et  debemus  ilia  vobis  etiam  sponte,  ac  lavorabiliter 
concedere,  per  quae  hujusmodi  sanctum  ac  laudabile  ab  immortali 
Deo  acceptum  propositum,  indies  ferventiori  animo  ad  ipsus  Dei 
honorem  et  Imperii  Christiani  propagationem,  prosequi  valeatis. 
Sane  accepimus  quod  vos  qui  dudum  animum  proposueratis  aliquas 
Insulas  et  Terras  firmas  remotas  et  incognitas,  ac  per  alios  hactenus 
non  repertas,  quaerere  et  invenire,  ut  illarum  incolas  et  habitatores 
ad  colendum  redemptorem  nostrum  et  fidem  Catholicam  profitendum 
reduceritis,  hactenus  in  expugnatione  et  recuperatione  ipsius,  Regni 
Granatae  plurimum  occupati,  hujusmodi  sanctum  et  laudabile  propo- 
situm vestrum  ad  optatum  finem  perducere  nequivistis.  Sed  tandem 
sicut  Domino  placuit.  Regno  praedicto  recuperato,  volentes  deside- 
rium  vestrum  adimplere,  dilectum  filium  Ghristophorum  Colonum, 
virum  utique  dignum,  et  plurimum  commendatum,  ac  tanto  negotio 
aptum,  cum  navigiis  et  hominibus  ad  similia  instructis,  non  sine 
maximis  laboribus,  ac  periculis,  et  expensis  destinastis  ut  Terras 

*  Hazard's  State  Papers,  I.  3-6.  Peter  Martyr's  Decades  (Edition  1555), 
167. 

41 


42    Bull  of  Pope  Alexander  Conceding  America  to  Spain 

firmas  et  Tnsiilas  remotas  et  incognitas,  hujusmodi  per  mare  ubi  hac- 
tenus  navigatum  non  fuerat,  diligenter  inquireret.  Qui  tandem  (I)i- 
vino  auxilio  facta  extrema  diligentia  in  mari  oceano  navigantes) 
cartas  Insulas  remotissimas,  et  etiam  Terras  firmas,  qua?  per  alios 
hactenus  reperta?  non  fuerant,  invenerunt.  In  quibus  plurima?  gentes 
pacifice  viventes,  et  (ut  asseritur)  nudi  incedentes,  nee  carnibus  ves- 
centes,   inhabitant.      Et  ut   prafati   nuntii   vestri   possunt   opinari, 

fentes  ipsse  in  insulis,  et  terris  prajdictis  habitantes,  credunt  unum 
>eum  Creatorem  in  Coelis  esse,  ac  ad  fidem  Catholicam  amplexan- 
dum  et  bonis  moribus  imbuendum,  satis  apti  videntur:  Spesque 
habetur,  quod  si  erudirentur,  nomen  salvatoris  Domini  nostri  Jesu 
Christi  in  terris  et  insulis  praedictis  facile  induceretur.  Ac  prajfatus 
Christophorus  in  una  ex  principalibus  insulis  praedictis,  jam  unam 
turrim  satis  munitam,  in  qua  certos  Christianos  qui  secum  iverant, 
in  custodiam,  et  ut  alias  insulas  ac  terras  firmas  remotas  et  incognitas 
inquirerent,  posuit,  construi  et  aedificari  fecit.  In  quibus  quidem 
insulis,  et  terris  jam  repertis,  aurum,  aromata,  et  alia?  quamplurimae 
res  praetiosa?  diversi  generis  et  diversae  qualitatis  reperiuntur.  Unde 
omnibus  diligenter,  et  praesertim  fidei  Catholicae  exaltatione  et  dila- 
tatione  (prout  decet  Catholicos  Reges  et  Principes)  consideratis,  more 
progenitorum  vestrorum  clarae  memoriae  Re^m,  terras  firmas  et 
msulas  praedictas,  illarumque  incolas  et  habitatores,  vobis  Divina 
favente  dementia  subjicere,  et  ad  fidem  Catholicam  reducere  propo- 
suistis.  Nos  itaque  hujusmodi  vestrum  sanctum  et  laudabile  propo- 
situm  plurimum  in  Domino  commendantes,  ac  cupientes  ut  illud  ad 
debitum  finem  perducatur,  et  ipsum  nomen  salvatoris  nostri  in  parti- 
bus  illis  inducatur,  hortamur  vos  quamplurimum  in  Domino,  et  per 
sacri  lavacri  susceptionem,  qua  mandatis  apostolicis  obligati  estis, 
et  per  viscera  misericordiae  Domini  nostri  Jesu  Christi  attente  re- 
quirimus,  ut  cum  expeditionem  hujusmodi  omino  prosequi  et  assu- 
mere  prona  mente  orthodoxae  fidei  zelo  intendatis,  populos  in  hujus- 
modi insulis  et  terris  degentes,  ad  Christianam  religionem  suscipien- 
dum  inducere  velitis  et  debeatis,  nee  pericula  nee  labores  ullo  unquam 
tempore  vos.  deterreant,  firma  spe  fiduciaque  conceptis,  quod  Deus 
omnipotens  conatus  vestros  foeliciter  prosequetur.  Et  ut  tanti  negotii 
provinciam  apostolicae  gratiae  largitate  donati,  liberius  et  audacius 
assumatis,  motu  proprio  non  ad  vestram  vel  alterius  pro  vobis  super 
hoc  nobis  oblatae  petitionis  instantiam  sed  de  nostra  mera  liberalitate, 
et  ex  certa  scientia,  ac  de  apostolicae  potestatis  plenitudine,  omnes 
insulas  et  terras  firmas  inventas  et  inveniendas,  detectas  et  detegendas 
versus  occidentem  et  meridiem,  fabricando  et  construendo  unam  line- 
am  a  polo  arctico,  scilicet  septentrione,  ed  polum  antarcticum,  scilicet 
meridiem,  sive  terrae  firmae  et  insulae  inventae,  et  inveniendae,  sint 
versus  Indiam,  aut  versus  aliam  quamcunque  partem,  quae  linea  distet 
a  qualibet  insularum,  quae  vulgariter  nuncupantur  de  los  Azores,  et 
Cabo  Verde,  centum  leucis  versus  occidentem  et  meridiem.  Itaque 
omnes  insulae  et  terrae  firmae  repertae  et  reperiendae,  detectae  et  dete- 
gendae,  a  praefata  linea  versus  occidentem  et  meridiem,  quae  per  alium 
Regem  aut  Principem  Christianum  non  fuerint  actualiter  possessae 
usque  ad  diem  nativitatis  Domini  nostri  Jesu  Christi  proxime  prae- 
teritum,  a  quo  incipit  annus  praesens  millesimus  quadringentesimus 
nonagesimus  tertius,  (juando  fuerunt  per  nuncios  et  capitaneos  vestros 
inventae  aliquae  praedictarum  insularum  autoritate  omnipotentis  Dei 


Bull  of  Pope  Alexander  Conceding  America  to  Spain    43 

nobis  in  beato  Petro  concessa,  ac  Vicariatus  Jesu  Christi  qua  fungi- 
mur  in  terris,  cum  omnibus  illarum  Dominiis,  Civitatibus,  Castris, 
Locis,  et  Villis,  juribusque  et  jurisdictionibus  ac  pertinentiis  universis 
vobis,  haeredibusque,  et  successoribus  vestris  (Castellse  et  Legionis 
Regibus)  in  perpetuum  tenore  pra^sentium  donamus,  concedimus  et 
assignamus:  Vosque,  et  hseredes  ac  successores  prsefatos  illarum 
Dominos,  cum  plena,  libera  et  omnimoda  potestate,  autoritate  et 
jurisdictione,  facimus,  constituimus,  et  deputamus.  Decernentes  ni- 
hilo  minus  per  hujusmodi  donationem,  concessionem,  et  assignationem 
nostram,  nullo  Christiano  Principi,  qui  actualiter  prsefatas  insulas 
et  terras  firmas  possederit  usque  ad  prsedictum  diem  nativitatis 
Domini  nostri  Jesu  Christi  jus  qusesitum,  sublatum  intelligi  posse, 
aut  auferri  debere. 

Et  insuper  mandamus  vobis  in  virtute  sanctae  obedientise  (ut  sicut 
pollicemini,  et  non  dubitamus  pro  vestra  maxima  devotione  et  regia 
magnanimitate  vos  esse  facturos)  ad  terras  firmas  et  insulas  prsedic- 
tas,  viros  probos  et  Deum  timentes,  doctos,  peritos,  et  expertos  ad 
instruendum  incolas  et  habitatores  praefatos  in  fide  Catholica,  et 
bonis  moribus  imbuendum,  destinare  debeatis,  omnem  debitam  dili- 
gentiam  in  prsemissis  adhibentes.  Ac  quibuscunque  personis,  cujus- 
cunque  dignitatis,  etiam  Imperalis  et  Regalis  status,  gradus,  ordinis 
vel  conditionis,  sub  excommunicationis  latae  sententise  poena  quam 
eo  ipso,  si  contra  fecerint  incurrant,  districtus  inhibemus  ne  ad 
insulas  et  terras  firmas  inventas  et  inveniendas,  detectas  et  detegendas, 
versus  occidentem  et  meridiem,  fabricando  et  construendo  lineam  a 
polo  artico  ad  polum  antarcticum,  sive  terrse  firmae  et  insulae  inventae 
et  invenienda?  sint  versus  Indiam  aut  versus  aliam  quamcunque 
partem,  quae  linea  distet  a  qualibet  insularum,  quae,  vulgariter  nuncu- 
pantur  de  los  Azores  et  Cabo  Verde  centum  leucis  versus  occi- 
dentem et  meridiem  ut  praefertur  pro  mercibus  habendis,  vel  quavis 
alia  causa  accedere  praesumat,  absque  vestra  ac  haeredum  et  succes- 
sorum  vestrorum  praedictorum  licentia  speciali :  Non  obstantibus  con- 
stitutionibus  et  ordinationibus  apostolicis,  caeterisque  quibuscunque, 
in  illo  in  quo  imperia  et  dominationes  et  bona  cuncta  procedunt :  con- 
fidentes  quod  dirigente  Domino  actus  vestros,  si  hujusmodi  sanctum 
ac  laudabile  propositum  prosequamini,  brevi  tempore  cum  felicitate 
et  gloria  totius  populi  Christiani,  vestri  labores  et  conatus  exitum 
felicissimum  consequenter.  Verum  quia  difficile  foret  praesentes 
literas  ad  singula  quaeque  loca  in  quibus  expediens  fuerit  deferri,  vol- 
umus  ac  motu  et  scientia  similibus  decernimus,  quod  illarum  tran- 
sumptis  manu  publici  notraii  inde  rogati  subscriptis,  et  sigillo 
alicujus  personae  in  ecclesiastica  dignitate  constituaet,  seu  curian 
ecclesiasticae  munitisj  ea  prorsus  fides  in  judicio  et  extra,  ac  alias 
ubilibet  adhibeatur,  quae  prae^ntibus  adhiberetur  si  essent  adhibitae 
vel  ostensae. 

Nulli  ergo  omnino  hominum  liceat  hanc  Paginam  nostrae  com- 
mendationis,  hortationis,  requisitionis,  donationis,  concessionis,  as- 
signationis,  constitutionis,  deputationis,  decreti,  mandati,  inhibitionis, 
et  voluntatis,  infringere,  vel  ei  ausu  temerario  contra  ire.  Se  quis 
autem  hoc  attentare  praesumpserit,  indignationem  Omnipotentis  Dei, 
ac  beatorum  Petri  et  Pauli  Apostolorum  ejus,  se  noverit  incursurum. 

Datum  Romae,  apud  Sanctum  Petrum^  anno  incarnationis  Domin- 
icae  1493,  quarto  nonas  Mali,  Pontificatus  nostri  anno  primo. 


LETTERS  PATENT  TO  JOHN  OABOT 

1496,  March  5,  Letters  Patent  of  King  Henry  VII 
Pro  Johanne  Gdboto  &  Filiis  suis  super  Terra  Incognita  Investiganda 
Rex  omnibus,  ad  quos  &c.  Salutem. 

NoTUM  SIT  ET  manifestum  quod  Dedimus  &  Concessimus,  ac  per 
Pra3sentes  Damus  &  Concedimus,  pro  Nobis  &  Hseredibus  nostris, 
Dilectis  Nobis  Johanni  Cabotto  Civi  Venetiarum,  ac  Lodovico^  Se- 
hastiano^  &  Sancto^  Filiis  dicti  Johannis^  &  eorum  ac  cujuslibet  eorum 
Ha^redibus  &  Deputatis,  plenam  ac  liberam  Auctoritatem,  Facultatem 
&  Protestatem  Navigandi  ad  omnes  Partes,  Regiones,  &  Sinus  Maris 
Orientalis  Occidentalis,  &  Septentrionalis,  sub  Banneris  Vexillis  & 
Insigniis  nostris,  cum  Quinque  Navibus  sive  Navigiis,  cujuscumque 
Portiturse  &  Qualitatis  existant,  &  cum  tot  «&  tantis  Nautis  &  Homini- 
bus,  quot  &  quantis  in  dictis  Navibus  secum  ducre  voluerint,  suis 
&  eorum  propriis  Sumptibus  &  Expensis. 

Ad  inveniendum,  Discooperiendum  &  Investigandum  quascumque 
Insulas,  Patrias,  Regiones  sive  Provincias  Gentilium  &  Infidelium, 
in  quacumque  Parte  Mundi  prositas,  quae  Christianis  omnibus  ante 
haec  tempora  fuerunt  incognitas. 

Concessimus  etiam  eisdem  &  eorum  cuilibet,  eorumque  &  cujuslibet 
eorum  Hseredibus  &  Deputatis,  ac  Licentiam  dedimus  Affigendi  prse- 
dictas  Banneras  nostras  &  Insignia  in  quacumque  Villa,  Oppido, 
Castro,  Insula  seu  Terra  firma  a  se  noviter  inventis. 

Et  quod  prsenominati  Johannes  &  Filii  ejusdem,  seu  Hseredes  & 
eorum  Deputati  quibuscumque  hujusmodi  Villas,  Castra,  Oppida 
&  Insular  a  se  inventas,  quae  Subjugari,  Occupari  &  Possideri  possint, 
Subjugare,  Occupare  &  Possidere  valeant,  tanquam  Vasalli  nostri 
&  Gubernatores,  Locatenentes  &  Deputati  eorumdem.  Dominium 
Titulum  &  Jurisdictionem  eorumdem  Vallarum,  Castrorum,  Oppi- 
dorum,  Insularum,  ac  Terra?  firmse  sic  inventarum,  Nobis  acquirendo ; 

Ita  tamen  ut  ex  omnibus  Fructubus,  Proficuis,  Emolumentis  Com- 
modis,  Lucris  &  Obventionibus,  ex  hujusmodi  Navigatione  proveni- 
entibus,  prsefati  Johannes  &  Filii,  ac  Hseredes  &  eorum  Deputati 
teneantur  &  sint  obligati  Nobis,  pro  omno  Viagio  suo,  totiens  quotiens 
ad  Portum  nostrum  Bristollise  applicuerint,  ad  quem  omnino  appli- 
care  teneantur  &  sint  astricti,  deductis  omnibus  Sumptibus  &  Im- 
pensis  necessariis  per  eosdem  f actis,  Quintam  Partem  totius  Capitalis 
Lucri  sui  facti  sive  in  Mercibus  sive  in  Pecuniis  persolvere ; 

Dantes  Nos  &  Concendentes  eisdem  suisque  Haeredibus  &  Depu- 
tatis ut  ab  omni  Solutione  Custumarum  omnium  &  singulorum  Bono- 
rum  ac  Mercium,  quas  secum  report  arint  ab  illis  Locis  sic  noviter 
inventis,  Liberi  sint  &  Immunes. 

Et  insuper  Dedimus  &  Concessimus  Eisdem  ac  suis  Haeredibus 
&  Deputatis,  quod  Terrae  omnes  Firmae,  Insulae,  Villae,  Oppida, 
Castra,  &  Loca  quaecumque,  a  se  inventa,  quotquot  ab  eis  inveniri 
7251— VOL  1—07 6  >  45 


46  Letters  Patent  to  John    Cabot — :I496. 

continent  non  possint  ab  aliis  quibusvis  nostris  Subditis  frequentari 
seu  visitari,  absque  Licentia  prccdictorum  Johannvi  &  ejus  Filiorum, 
suorumque  Deputatorum,  sub  Poena  Amissionis  tam  Navium  sive 
Navigiorum  quam  Bonorum  omnium  quorumcumque  ad  ea  Loca  sic 
inventa  Navigare  prajsumentium ; 

Volentes  &  strictissime  Mandantes  omnibus  &  singulis  nostris  Sub- 
ditis, tam  in  Terra  quam  in  Mare  constitutis,  ut  prcefacto  Johanni  & 
ejus  Filiis  ac  Deputatis  bonam  Assistentiam  faciant,  &  tam  in 
Armandis  Navibus  seu  Navigiis  quam  in  Provisione  Commeatus  & 
Victualium  pro  sua  Pecunia  emendorum,  atque  aliarum  Rerum  sibi 
providendarum,  pro  dicta  Navigatione  sumendarum,  suos  omnes  Fa- 
vores  &  Auxilia  impartiantur. 

In  cujus  &c. 

Teste  Rege  apud  Westmonasterium,  quinto  die  Martii. 

Per  ipsum  Regem. 
Rymer's  Fmdera,  Vol.  XII.,  pp.  595,  596. 

Also,  H.  Harisen,  John  Cabot  the  Discoverer  of  North  America, 
p.  313. 

The  Letters  patents  of  King  Henry  the  seuenth  granted  vnto  lohn 
Cabot  and  his  three  sonnes^  Lewif^  Sebastian,  and  Sancius  for  the 
the  discouerie  of  new  and  vnknowen  lands.^ 

HEnry,  by  the  grace  of  God,  king  of  England  and  France,  and  lord 
of  Ireland,  to  all  to  whom  these  presents  shall  come.  Greeting. 

Be  it  knowen  that  we  haue  giuen  and  granted,  and  by  these  pres- 
ents do  giue  and  grant  for  vs  and  our  heires,  to  our  welbeloued  lohn 
Cabot  citizen  of  Venice,  to  Lewis,  Sebastian,  and  Santius,  sonnes  of 
the  sayd  lohn,  and  to  the  heires  of  them,  and  euery  of  them,  and 
their  deputies,  full  and  free  authority,  leaue,  and  power  to  saile  to 
all  parts,  countreys,  and  seas  of  the  East,  of  the  West,  and  of  the 
North,  vnder  our  banners  and  ensignes,  with  fine  ships  of  what  bur- 
then or  quantity  soeuer  they  be,  and  as  many  marmers  or  men  as 
they  will  haue  with  them  in  the  sayd  ships,  vpon  their  owne  proper 
costs  and  charges,  to  seeke  out,  discouer,  and  finde  whatsoeuer  isles, 
countreys,  regions  or  prouinces  of  the  heathen  and  infidels  whatso- 
euer thej  be,  and  in  what  part  of  the  world  soeuer  they  be,  which  be- 
fore this  time  haue  bene  vnknowen  to  all  Christians:  we  haue 
granted  to  them,  and  also  to  euery  of  them,  the  heires  of  them,  and 
euery  of  them,  and  their  deputies,  and  haue  giuen  them  licence  to 
set  vp  our  banners  and  ensignes  in  euery  village,  towne,  castle,  isle, 
or  maine  land  of  them  newly  found.  And  that  the  aforesayd  lohn 
and  his  sonnes,  or  their  heires  and  assignes  may  subdue,  occupy  and 
possesse  all  such  townes,  cities,  castles  and  isles  of  them  found,  which 
they  can  subdue,  occupy  and  possesse,  as  our  vassals,  and  lieutenants, 
getting  vnto  vs  the  rule,  title,  and  iurisdiction  of  the  same  villages, 
townes,  castles,  &  firme  land  so  found.  Yet  so  that  the  aforesayd 
lohn,  and  his  sonnes  and  heires,  and  their  deputies,  be  holden  and 
bounden  of  all  the  fruits,  profits,  gaines,  and  commodities  growing 
of  such  nauigation,  for  euery  their  voyage,  as  often  as  they  shall 
arriue  at  our  port  of  Bristoll  (at  the  which  port  they  shall  be  bound 

♦Richard  Hakluyt,  Principale  Navigations,  (1509). 


Letters  Patent  to  John  Cabot — 1496  47 

and  holden  onely  to  arriue)  all  maner  of  necessary  costs  and  charges 
by  them  made,  being  deducted,  to  pay  vnto  vs  in  wares  or  money  the 
fift  part  of  the  capitall  gaine  so  gotten.  We  giuing  and  granting 
vnto  them  and  to  their  heires  and  deputies,  that  they  shall  be  free 
from  all  paying  of  customes  of  all  and  singular  such  merchandize  as 
they  shall  be  free  from  all  paying  of  customes  of  all  and  singular 
they  shall  bring  with  them  from  those  places  so  newlie  found. 

And  moreouer,  we  haue  giuen  and  granted  to  them,  their  heires 
and  deputies,  that  all  the  firme  lands,  isles,  villages,  townes,  castles 
and  places  whatsoeuer  they  be  that  they  shall  chance  to  finde,  may 
not  of  any  other  of  our  subjects  be  frequented  or  visited  without  the 
licence  of  the  foresayd  lohn  and  his  sonnes,  and  their  deputies,  vnder 
payne  of  forfeiture  as  well  of  their  ships  as  of  all  and  singular  goods 
of  all  them  that  shall  presume  to  saile  to  those  places  so  found. 
Willing,  and  most  straightly  commanding  all  and  singular  our  sub- 
jects as  well  on  land  as  on  sea,  appointed  officers,  to  giue  good  assist- 
ance to  the  aforesaid  lohn,  and  his  sonnes  and  deputies,  and  that  as 
well  in  arming  and  furnishing  their  ships  or  vessels,  as  in  prouision 
of  quietnesse,  and  in  buying  of  victuals  for  their  money,  and  all  other 
things  by  them  to  be  prouided  necessary  for  the  sayd  nauigation,  they 
do  giue  them  all  their  helpe  and  fauour.  In  witnesse  whereof  we 
haue  caused  to  be  made  these  our  lettres  patents.  Witnesse  our  selfe 
at  Westminister,  the  fift  day  of  March,  m  the  eleuenth  yeere  of  our 
reigne. — 

SECOND    CABOT   PATENT 
BEFEBENCES 

Letters  Patent.     February  3,  1498. 

Latin  text  in  Harrise,  John  and  Sebastian  Cabot.     (1896.)     pp.  393,  394 

In  English — 

Harrise,  .Jean  and  Sebastian  Cabot.     (Paris,  1882.)     pp.  327,  328. 

Biddle,  Richard.    A  Memoir  of  Sebastian  Cabot.     (Phila.,  1831.)    pp.  74,  75. 

Beazley,  John  and  Sebastian  Cabot,    pp.  95,  96. 


LETTERS  PATENT  TO  SIR  HUMFREY  GYLBERTE" 

June  11,  1578 

Elizabeth  by  the  grace  of  God  Qiieene  of  England,  8rc.    To  all  peo- 
ple to  whom  these  presents  shall  come,  greeting. 

Know  ye  that  of  our  especiall  grace,  certaine  science  and  meere 
motion,  we  have  given  and  granted,  and  by  these  presents  for  ns,  our 
heires  and  successours,  doe  give  and  graunt  to  our  trustie  and  wel- 
beloved  servaunt  Sir  Humphrey  Gilbert  of  Compton,  in  our  castle 
of  Devonshire  Knight,  and  to  his  heires  and  assignes  for  ever,  free 
libertie  and  licence  from  time  to  time,  and  at  all  times  for  ever  here- 
after, to  discover,  finde,  search  out,  and  view  such  remote,  heathen 
and  barbarous  lands,  countreys  and  territories  not  actually  possessed 
of  any  Christian  prince  or  people,  as  to  him,  his  heirs  *S:  assignes, 
and  to  every  or  any  of  them,  shall  seeme  good:  and  the  fame  to 
have,  hold,  occupie  and  enjoy  to  him,  his  heires  and  assignes  for  ever, 
with  all  commodities,  iurisdictions,  and  royalties  both  by  sea  and 
land;  and  the  said  sir  Humfrey  and  all  such  as  from  time  to  time 
by  licence  of  us,  our  heiress  and  successours,  shall  goe  and  travell 
thither,  to  inhabite  or  remaine  there,  to  build  and  fortifie  at  the  dis- 
cretion of  the  sayde  Sir  Humfrey,  and  of  his  heires  and  assignes, 
the  statutes  or  actes  of  Parliament  made  against  Fugitives,  or  against 
such  as  shall  depart,  remaine  or  continue  out  of  our  Realme  of  Eng- 
land without  licence,  or  any  other  acte,  statute,  lawe  or  matter  what- 
soever to  the  contrary  in  any  wise  notwithstanding.  And  Avee  doe 
likewise  by  these  presents,  for  us,  our  heires  and  successours,  give 
full  authoritie  and  power  to  the  saide  Sir  Humfrey,  his  heires  and 
assignes,  and  every  of  them,  that  hee  and  they,  and  every  of  any  of 
them,  shall  and  may  at  all  and  every  time  and  times  hereafter,  have, 
take  and  lead  in  the  same  voyages,  to  travell  thitherward,  and  to 
inhabite  there  with  him,  and  every  or  any  of  them,  such  and  so  many 
of  our  subjects  as  shall  wnllingly  accompany  him  and  them,  and  every 
or  any  of  them,  with  sufficient  shipping  and  furniture  for  their  trans- 
portations, so  that  none  of  the  same  persons,  nor  any  of  them  be 
such  as  hereafter  shall  be  specially  restrained  by  us,  our  heires  and 
successors.  And  further,  that  he  the  said  Humfrey,  his  heires  and 
assignes,  and  every  or  any  of  them  shall  have,  hold,  occupy  and 
enjoy  to  him,  his  heires  and  assignes,  and  every  of  them  for  ever, 
all  the  soyle  of  all  such  lands,  countries,  &  territories  so  to  be  dis- 
covered or  possessed  as  aforesaid,  and  of  all  Cities,  Castles,  Townes 
and  Villages,  and  places  in  the  same,  with  the  rites,  royalties  and 

"Text  in  Sir  Flumfrey  Gylberte  and  His  Enterprise  of  Colonization  in  Amer- 
ica. By  Rev.  Carlos  Shafter.  Publications  of  the  Prince  Society.  (Boston, 
1903.)     pp.  95-102. 

49 


50  Letters  Patent  to  Sir  Humfrey  Gylberte — 1578 

jurisdictions,  as  well  marine  as  other,  within  the  sayd  lands  or  coun- 
treys  of  the  seas  thereunto  adjoyning,  to  be  had  ot  used  with  ful 
power  to  dispose  thereof,  &  or  every  part  thereof  in  fee  simple  or 
otherwise,  according  to  the  order  of  the  laws  of  England,  as  near  as 
the  same  conveniently  may  be,  at  his,  and  their  will  c<t  pleasure,  to 
any  person  then  being,  or  that  shall  remaine  within  the  allegiance 
of  us,  our  heires  and  successours,  paying  unto  us  for  all  services, 
dueties  and  demaunds,  the  fift  part  of  all  the  oare  of  gold  and  silver, 
that  from  time  to  time,  and  at  all  times  after  such  discoverie,  sub- 
duing and  possessing  shall  be  there  gotten :  all  which  kands,  coun- 
treys  and  territories,  shall  for  ever  bee  holden  by  the  said  Sir  Hum- 
frey, his  heires  and  assignes  of  us,  our  heires  and  successors  by 
homage,  and  by  the  sayd  payment  of  the  sayd  fift  part  before 
reserved  onely  for  all  services. 

And  moreover,  we  doe  by  these  presents  for  us,  our  heires  and 
successours,  give  and  graunt  licence  to  the  sayde  Sir  Humfray  Gilbert, 
his  heires  or  assignes,  and  to  every  of  them,  that  hee  and  they,  and 
every  or  any  of  them  shall,  and  may  from  time  to  time,  and  all  times 
for  ever  hereafter,  for  his  and  their  defence,  encounter,  expulse, 
repell  and  resift,  as  well  by  Sea  as  by  land,  and  by  all  other  wayes 
whatsoever,  all  and  every  such  person  and  persons  whatsoever,  as 
without  the  special  licence  and  liking  of  the  sayd  Sir  Humfrey,  and 
of  his  heires  and  assignes,  shall  attempt  to  inhabite  within  the  sayd 
countreys,  or  any  of  them,  or  within  the  space  of  two  hundreth 
leagues  nerre  to  the  place  or  places  within  such  countreys^  as  afore- 
sayd,  if  they  shall  not  bee  before  planted  or  inhabited  within  the 
limites  aforesayd,  with  the  subjects  of  anv  Christian  prince,  being 
amitie  with  her  Majesty,  where  the  said  sir  Humfrey,  his  heires  or 
assignes,  or  any  of  them,  or  his,  or  their  or  any  of  their  associates  or 
companies,  shall  within  sixe  yeeres  next  ensuing,  make  their  dwellings 
and  abidings,  or  that  shall  enterprise  or  attempt  at  any  time  here- 
after unlawfully  to  annoy  either  by  Sea  or  land,  the  said  sir  Hum- 
frey, his  heires  or  assignes,  or  any  of  them,  or  his,  or  their,  or  any  of 
their  companies:  giving  and  graunting  by  these  presents,  further 
power  and  authorite  to  the  sayd  sir  Humfrej',  his  heires  and  assignes, 
and  every  of  them  from  time  to  time,  and  at  all  times  for  ever  here- 
after to  take  and  surprise  by  all  maner  of  meanes  whatsoever,  all 
and  every  person  and  persons,  with  their  shippes,  vessels,  and  other 

foods  and  furniture,  which  without  the  licence  of  the  sayd  sir  Hum- 
rey,  or  his  heires  or. assignes  as  aforesayd,  shall  bee  found  traffiquing 
into  any  harborough  or  harboroughs  creeke  or  creekes  within  the 
limites  aforesayde,  the  subjects  of  our  Realmes  and  dominions,  and 
all  other  persons  in  amitie  with  us,  being  driven  by  force  of  tempest 
or  shipwracke  onely  excepted,  and  those  })ersons  and  every  of  them 
with  their  ships,  vessels,  goods,  and  furniture,  to  detaine  and  pos- 
sesse,  as  of  good  and  lawful  prize,  according  to  the  discretion  of  him 
the  sayd  sir  Humfre5%  his  heires  and  assignes,  and  of  every  or  any  of 
them.  And  for  uniting  in  more  perfect  league  and  amitie  of  such 
countreys,  landes  and  territories  so  to  bee  possessed  and  inhabited  as 
aforesayde,  with-  our  Realmes  of  England  and  Ireland,  and  for  the 
better  encouragement  of  men  to  this  enterprise:  wee  doe  by  these 
presents  graunt,  and  declare,  that  all  such  countreys  so  hereafter  to 
bee  possessed  and  inhabited  as  aforesayd,  from  thencefoorth  shall 
bee  of  the  allegiance  of  us,  our  heires,  and  successours.    And  wee 


Letters  Patent  to  Sir  Humfrey  Gylberte — 1578  51 

doe  graunt  to  the  sayd  sir  Humfrey,  his  heires  and  assignes,  and  to  all 
and  every  of  them,  and  to  all  and  every  other  person  and  persons, 
being  of  our  allegiance,  whose  names  shall  be  noted  or  entred  in 
some  of  our  courts  of  Record,  within  this  our  Realme  of  England, 
and  that  with  the  assent  of  the  said  sir  Humfrey,  his  heires  or 
assignes,  shall  nowe  in  this  journey  for  discoverie,  or  in  the  second 
journey  for  conquest  hereafter,  travel  to  such  lands,  countries  and 
territories  as  aforesaid,  and  to  their  and  every  of  their  heires:  that 
they  and  every  or  any  of  them  being  either  borne  within  our  sayd 
Realmes  of  England  or  Ireland,  or  within  any  other  place  within  our 
allegiance,  and  which  hereafter  shall  be  inhabiting  within  any  the 
lands,  countreys  and  territories,  with  such  licence  as  aforesayd, 
shall  and  may  have,  and  enjoy  all  the  priveleges  of  free  denizens  and 
persons  native  of  England,  and  within  our  allegiance:  any  law, 
custome,  or  usage  to  the  contrary  notwithstanding. 

And  forasmuch,  as  upon  the  finding  out,  discovering  and  inhabit- 
ing of  such  remote  lands,  countreys  and  territories,  as  aforesayd,  it 
shall  be  necessarie  for  the  safetie  of  all  men  that  shall  adventure 
themselves  in  those  journeys  or  voiages,  to  determine  to  live  together 
in  Christian  peace  and  civil  quietnesse  each  with  other,  whereby 
every  one  may  with  more  pleasure  and  profit,  enjoy  that  whereunto 
they  shall  attaine  with  great  paine  and  perill :  wee  for  us,  our  heires 
and  successours  are  likewise  pleased  and  contented,  and  by  these 
presents  doe  give  and  graunt  to  the  sayd  sir  Humfrey  and  his  heires 
and  assignes  for  ever,  that  he  and  they,  and  every  or  any  of  them, 
shall  and  may,  from  time  to  time,  for  ever  hereafter  within  the  sayd 
mentioned  remote  lands  and  countreys,  and  in  the  way  by  the  Seas 
thither,  and  from  thence,  have  full  and  meere  power  and  authoritie 
to  correct,  punish,  pardon,  governe  and  rule  by  their,  and  every  or 
any  of  their  good  discretions  and  policies,  as  well  in  causes  capitall 
or  criminall,  as  civill,  both  marine. and  other,  all  such  our  subjects 
and  others,  as  shall  from  time  to  time  hereafter  adventure  themselves 
in  the  sayd  journeys  or  voyages  habitative  or  possessive,  or  that  shall 
at  any  time  hereafter  inhabite  any  such  lands,  countreys  or  territories 
as  aforesayd,  or  that  shall  abide  within  two  hundred  leagues  of  any 
sayd  place  or  places,  where  the  sayd  sir  Humfrey  or  his  heires,  or 
assignes,  or  any  of  them,  or  any  of  his,  or  their  associats  or  companies, 
shall  inhabite  within  sixe  yeers  next  ensuing  the  date  hereof, 
according  to  such  statutes,  lawes  and  ordinances,  as  shall  be  by  him 
the  said  sir  Humfrey,  his  heires  and  assignes,  or  every,  or  any  of  them, 
devised  or  established  for  the  better  governement  of  the  said  people 
as  aforesayd:  so  alwayes  that  the  sayd  statutes,  lawes  and  ordinances 
may  be  as  neere  as  conveniently  may,  agreeable  to  the  forme  of  the 
lawes  &  pollicy  of  England :  and  also,  that  they  be  not  against  the  true 
Christian  faith  or  religion  now  professed  in  the  Church  of  England, 
nor  in  any  wise  to  withdraw  any  of  the  subjects  or  people  of  those 
lands  or  places  from  the  allegiance  of  us,  our  heires  or  successours, 
as  their  immediate  Soveraignes  under  God.  And  further  we  do  by 
these  presents  for  us,  our  heires  and  successours,  give  and  graunt 
full  power  and  authority  to  our  trustie  and  well-beloved  counsellor, 
sir  William  Cecill  Knight,  lord  Burleigh,  our  high  treasurer  of 
England,  and  to  the  lord  treasurer  of  England  of  us,  for  the  time 
being,  and  to  the  privie  counsell  of  us,  our  heires  and  successours,  or 


52  Letters  Patent  to  Sir  Humfrey  Gylherte — 1578 

any  foure  of  them,  for  the  time  bein^  that  he,  they,  or  any  foure  of 
them,  shall,  and  may  from  time  to  time,  and  at  all  times  hereafter, 
under  his  or  their  handes  or  scales  by  vertue  of  these  presents,  author- 
ize and  licence  the  sayd  sir  Humfrey  Gilbert,  his  heires  and  assignes, 
and  every  or  any  of  them  by  him  and  themselves,  or  by  their  or  any 
of  their  sufficient  atturneys,  deputies,  officers,  ministers,  factors  and 
servants,  to  imbarke  and  transport  out  of  our  Realmes  of  England  and 
Ireland,  all,  or  any  of  his  or  their  goods,  and  all  oi*  any  of  the  goods 
or  his  or  their  associates  and  companies,  and  every  or  any  of  them, 
with  such  other  necessaries  and  commodities  of  any  of  our  Realmes, 
as  to  the  said  lord  treasurer  or  foure  of  the  privie  counsell  of  us,  our 
heires,  or  successours  for  the  time  being,  as  aforesayd,  shall  be  from 
time  to  time  by  his  or  their  wisedoms  or  discretions  thought  meete 
and  convenient  for  the  better  reliefe  and  supportation  of  him  the  sayd 
sir  Humfrey,  his  heires  and  assignes,  and  every  or  any  of  them,  and 
his  and  their,  and  every  or  any  of  their  said  associates  and  companies, 
any  act,  statute,  lawe,  or  other  thing  to  the  contrary  in  any  wise  not- 
withstanding. 

Provided  alwayes,  and  our  will  and  pleasure  is,  and  wee  doe  hereby 
declare  to  all  Christian  Kings,  princes  and  states,  that  if  the  said  sir 
Humfrey,  his  heires  or  assignes,  or  any  of  them,  or  any  other  by  their 
licence  or  appointment,  shall  at  any  time  or  times  hereafter  robbe  or 
spoile  by  Sea  or  by  land,  or  doe  any  act  of  unjust  and  unlawfull  hos- 
tilitie  to  any  of  the  Subjects  of  us,  our  heires,  or  successours,  or  any 
of  the  Subjects  of  any  King,  prince,  ruler,  governour  or  state  being 
then  in  perfect  league  and  amitie  with  us,  our  heires  or  successours: 
and  that  upon  such  injurie,  or  upon  just  complaint  of  any  such 
prince,  ruler,  governour  or  state,  or  their  subjects,  wee,  our  heires 
or  successours  shall  make  open  proclamation  within  any  of  the  portes 
of  our  Realme  of  England  commodious,  that  the  said  Sir  Humfrey, 
his  heires  or  assignes,  or  any  other  to  whom  these  our  Letters  patents 
may  extend,  shall  within  the  terme  to  be  limited  by  such  proclamations, 
make  such  restitution  and  satisfaction  of  all  such  injuries  done,  so 
as  both  we  and  the  said  Princes,  or  others  so  conrplayning,  may  holde 
us  and  themselves  fully  contented :  And  if  the  saide  Sir  Humfrey,  his 
heires  and  assignes,  shall  not  make  or  cause  to  bee  made  satisfaction 
accordingly,  within  such  time  so  to  be  limited;  that  then  it  shall 
be  lawfull  to  us,  our  heires  and  successours,  to  put  the  said  Sir  Hum- 
frey, his  heires  and  assises,  and  adherents,  and  all  the  inhabitants 
of  the  said  places  to  be  discovered  as  is  aforesaide,  or  any  of  them  out 
of  our  allegiance  and  protection,  and  that  from  and  after  such  time 
of  putting  out  of  protection  the  saide  Sir  Humfrey,  and  his  heires, 
assignes,  adherents  and  others  so  to  be  put  out,  and  the  said  places 
within  their  habitation,  possession  and  rule,  shall  be  out  of  our  pro- 
tection and  allegiance,  and  free  for  all  princes  and  others  to  pursue 
with  hostilitie  as  being  not  our  Subjects,  nor  by  us  any  way  to  be 
advowed,  maintained  or  defended,  nor  to  be  holden  as  any  of  ours, 
nor  to  our  protection,  dominion  or  allegiance  any  way  belonging, 
for  that  expresse  mention,  &c.  In  witnesse  whereof,  &c.  Witnesse 
ourselfe  at  Westminster  the  11,  day  of  June,  the  twentieth  yeere  of  our 
raigne.     Anno  Dom.  1578. 

Per  ipsam  Reginam,  ac. 


CHARTER  TO  SIR  WALTER  RALEIGH-1584*'' 

Elizabeth  by  the  Grace  of  God  of  England,  Fraunce  and  Ireland 
Queene,  defender  of  the  faith,  &c.  To  all  people  to  whome  these 
presents  shall  come,  greeting. 

Knowe  yee  that  of  our  especial  grace,  certaine  science,  and  meere 
motion,  we  haue  given  and  graunted,  and  by  these  presents  for  us,  our 
heires  and  successors,  we  giue  and  graunt  to  our  trustie  and  welbe- 
loued  seruant  Walter  Ralegh,  Esquire,  and  to  his  heires  assignes 
for  euer,  free  libertie  and  licence  from  time  to  time,  and  at  all  times 
for  euer  hereafter,  to  discouer,  search,  finde  out,  and  view  such  re- 
mote, heathen  and  barbarous  lands,  countries,  and  territories,  not 
actually  possessed  of  any  Christian  Prince,  nor  inhabited  by  Chris- 
tian People,  as  to  him,  his  heires  and  assignes,  and  to  euery  or  any  of 
them  shall  seeme  good,  and  the  same  to  haue,  holde,  occupie  and 
enjoy  to  him,  his  heires  and  assignes. for  euer,  with  all  prerogatiues, 
commodities,  jurisdictions,  royalties,  priuileges,  franchises,  and  pre- 
heminences,  thereto  or  thereabouts  both  by  sea  and  land,  Avhatsoeuer 
we  by  our  letters  patents  may  graunt,  and  as  we  or  any  of  our  noble 
progenitors  haue  heretofore  graunted  to  any  person  or  persons,  bodies 
politique  .or  corporate:  and  the  said  Walter  Ralegh,  his  heires  and 
assignes,  and  all  such  as  from  time  to  time,  by  licence  of  us,  our 
heires  and  successors,  shall  goe  or  trauaile  thither  to  inhabite  or  re- 
maine,  there  to  build  and  fortifie,  at  the  discretion  of  the  said 
Walter  Ralegh,  his  heires  and  assignes,  the  statutes  or  acte  of  Parlia- 
ment made  against  f ugitiues,  or  against  such  as  shall  depart,  remaine 
or  continue  out  of  our  Realme  of  England  without  licence,  or  any 
other  statute,  acte,  lawe,  or  any  ordinance  whatsoeuer  to  the  contrary 
in  anywise  notwithstanding. 

And  we  do  likewise  by  these  presents,  of  our  especial  grace,  meere 
motion,  and  certain  knowledge,  for  us,  our  heires  and  successors, 
giue  and  graunt  full  authoritie,  libertie  and  power  to  the  said  Walter 
Ralegh,  his  heires  and  assignes,  and  euery  of  them,  that  he  and  they, 
and  euery  or  any  of  them,  shall  and  may  at  all  and  euery  time,  and 
times  hereafter,  haue,  take,  and  leade  in  the  saide  voyage,  and 
trauaile  thifherward,  or  to  inhabit  there  with  him,  or  them,  and 
euery  or  any  of  them,  such  and  so  many  of  our  subjects  as  shall  will- 
ingly accompanie  him  or  them,  and  euery  or  any  of  them  to  whom 
also  we  doe  by  these  presents,  giue  full  libertie  and  authority  in 
that  behalfe,  and  also  to  haue,  take,  and  employ,  and  vse  sufficient 
shipping  and  furniture  for  the  Transportations  and  Nauigations  in 
that  behalfe,  so  that  none  of  the  same  persons  or  any  of  them,  be  such 
as  hereafter  shall  be  restrained  by  us,  our  heires,  or  successors. 

♦Massachusetts  Historical  Society,  Collections,  Third  Series,  VIII,  117.  Hak- 
luyt  Society  Puhlications,  1849. 

«This  charter  constitutes  the  first  step  in  the  work  of  English  colonization  in 
America.  Five  voyages  were  made  under  it,  but  without  success  in  establishing 
a  permanent  settlement. 

63 


54  Charter  to  Sir  Walter  Raleigh — JI584 

And  further  that  the  said  Walter  Ralegh,  his  heires  and  assignes, 
and  euer}'  of  them,  shall  haue  holde,  occupie,  and  enioye  to  him,  his 
heires  and  assignes,  and  euery  of  them  for  euer,  all  the  soile  of  all 
such  lands,  territories,  and  Countreis,  so  to  bee  discouered  and  pos- 
sessed as  aforesaide,  and  of  all  such  Cities,  castles,  townes,  villages, 
and  places  in  the  same,  with  the  ri^ht,  royalties,  franchises,  and  iuris- 
dictions,  as  well  marine  as  other  within  the  saide  landes,  or  Countreis, 
or  the  seas  thereunto  adioyning,  to  be  had,  or  used,  with  full  power 
to  dispose  thereof,  and  of  euery  part  in  fee-simple  or  otherwise,  ac- 
cording to  the  order  of  the  lawes  of  England,  as  neere  as  the  same 
conueniently  may  bee,  at  his,  and  their  will  and  pleasure,  to  any  per- 
sons then  being,  or  that  shall  remaine  within  the  allegiance  of  us,  our 
heires,  and  successors :  reseruing  always  to  us  our  heires,  and  successors, 
for  all  seruices,  duties,  and  demaundes,  the  fift  part  of  all  the  oare 
of  golde  and  siluer,  that  from  time  to  time,  and  at  all  times  after 
such  discouerie,  subduing  and  possessing,  shal  be  there  gotten  and 
obtained :  All  which  landes,  Countreis,  and  territories,  shall  for  euer 
be  holden  of  the  said  Walter  Ralegh,  his  heires  and  assignes,  of  us, 
our  heirs  and  successors,  by  homage,  and  by  the  said  paiment  of  the 
said  fift  part,  reserued  onely  for  all  services. 

And  moreouer,  we  doe  by  these  presents,  for  us,  our  heires  and  suc- 
cessors, giue  and  graunt  licence  to  the  said  ^^'alter  Ralegh,  his  heirs, 
and  assignes,  and  euery  of  them,  that  he,  and  they,  and  euery  or  any 
of  them,  shall  and  may  from  time  to  time,  and  at  all  times  for  euer 
hereafter,  for  his  and  their  defence,  encounter  and  expulse,  repell  and 
resist  as  well  by  sea  as  by  lande,  and  by  all  other  wayes  whatsoeuer, 
all,  and  every  such  person  and  persons  whatsoeuer,  as  without  the  es- 
peciall  liking  and  licence  of  the  saide  Walter  Ralegh,  and  of  his  heires 
and  assignes,  shall  attempt  to  inhabite  within  the  said  Countreis,  or 
any  of  them,  or  within  the  space  of  two  hundreth  leagues  neere  to  the 
place  or  places  within  such  Countreis  as  aforesaide  (if  they  shall  not 
Dee  before  planted  or  inhabited  within  the  limits  as  aforesaide  with 
the  subjects  of  any  Christian  Prince  being  in  amitie  with  us)  where 
the  saide  Walter  Ralegh,  his  heires,  or  assignes,  or  any  of  them,  or 
his,  or  their  or  any  of  their  associates  or  company,  shall  Avithin  sixe 
yeeres  (next  ensuing)  make  their  dwellings  or  abidings,  or  that  shall 
enterprise  or  attempt  at  any  time  hereafter  unlawfully  to  annoy, 
either  by  sea  or  lande,  the  saide  Walter  Ralegh,  his  heirs  or  assignes, 
or  any  of  them,  or  his  or  their,  or  any  of  his  or  their  companies: 
giuing,  and  graunting  by  these  presents  rurther  power  and  authoritie, 
to  the  said  Walter  Ralegh,  his  heirs  and  assignes,  and  euery  of  them 
from  time  to  time,  and  at  all  times  for  euer  hereafter,  to  take  and  sur- 
prise by  all  maner  of  meanes  whatsoeuer,  all  and  euery  those  person 
or  persons,  with  their  shippes,  vessels,  and  other  goods  and  furniture, 
which  without  the  licence  of  the  saide  Walter  Ralegh,  or  his  heires, 
or  assignes,  as  aforesaide,  shalbe  founde  trafiquing  into  any  harbour, 
or  harbors,  creeke,  or  creekes,  within  the  limits  aforesaide,  (the  sub- 
jects of  our  Realms  and  Dominions,  and  all  other  persons  in  amitie 
with  us,  trading  to  the  Newfound  lands  for  fishing  as  heretofore  they 
haue  commonly  used,  or  being  driuen  by  force  of  a  tempest,  or  ship- 
wracke  onely  excepted:)  and  those  persons,  and  euery  of  them,  with 
their  shippes,  vessels,  goods  and  furniture  to  deteine  and  possesse  as  of 
good  and  lawfull  prize,  according  to  the  discretion  of  him  the  saide 


Charter  to  Sir  Walter  Raleigh — 1584  55 

Walter  Ralegh,  his  lieires,  and  assignes,  and  euery,  or  any  of  them. 
And  for  vniting  in  more  perfect  league  and  amitie,  of  such  Countreis, 
landes,  and  territories  so  to  bee  possessed  and  inhabited  as  afore- 
saide  with  our  Realmes  of  Englande,  and  Ireland,  and  the  better 
incouragement  of  men  to  these  enterprises:  we  do  by  these  presents, 
graunt  and  declare  that  all  such  Countreis,  so  hereafter  to  be  pos- 
sessed and  inhabited  as  is  aforesaide,  from  thencefoorth  shall  bee  of 
the  allegiance  of  vs,  our  heires  and  successours.  And  wee  doe  graunt 
to  the  saide  Walter  Ralegh,  his  heires,  and  assignes,  and  to  all,  and 
euery  of  them,  and  to  all  and  euery  other  person,  and  persons  being 
of  our  allegiance,  whose  names  shall  be  noted  or  entred  in  some  of  our 
Courtes  of  recorde  within  our  Realme  of  Englande,  that  with  the  as- 
sent of  the  saide  Walter  Ralegh,  his  heires  or  assignes,  shall  in  his  jour- 
neis  for  discouerie,  or  in  the  iourneis  for  conquest,  hereafter  traueile  to 
such  lands,  countreis  and  territories,  as  aforesaide,  and  to  their,  and  to 
euery  of  their  heires,  that  they,  and  every  or  any  of  them,  being 
either  borne  Avithin  our  saide  Realmes  of  Englande,  or  Irelande,  or  in 
any  other  place  within  our  allegiance,  and  which  hereafter  shall  be 
inhabiting  within  any  the  lands,  Countreis,  and  territories,  with  such 
licence  (as  aforesaide)  shall  and  may  haue  all  the  priuiledges  of  free 
Denizens,  and  persons  natiue  of  England,  and  within  our  allegiance 
in  such  like  ample  maner  and  fourme,  as  if  they  were  borne  and  per- 
sonally resident  within  our  saide  Realme  of  England,  any  lawe,  cus- 
tome,  or  vsage  to  the  contrary  notwithstanding. 

And  for  asmuch  as  upon  the  finding  out,  discouering,  or  inhabiting 
of  such  remote  lands,  countreis,  and  territories  as  aforesaid,  it  shal  be 
necessary  for  the  safetie  of  al  men,  that  shal  aduenture  them  selues 
in  those  iournies  or  voyages,  to  determine  to  Hue  together  in  Christian 
peace,  and  ciuil  quietnes  ech  with  other,  whereby  euery  one  may  with 
more  pleasure  and  profit  enioy  that  whereunto  they  shall  attains 
with  great  paine  and  perill,  we  for  vs,  our  heires  and  successors,  are 
likewise  pleased  and  contented,  and  by  these  presents  do  giue  and 
graunt  to  the  said  Walter  Ralegh,  his  heires  and  assignes  for  ever, 
that  hee  and  they,  and  euery  or  any  of  them,  shall  and  may  from  time 
to  time  for  euer  hereafter,  within  the  said  mentioned  remote  landes 
and  Countreis  in  the  way  by  the  seas  thither,  and  from  thence,  haue 
full  and  meere  power  and  authoritie  to  correct,  punish,  pardon, 
gouerne,  and  rule  by  their  and  euery  or  any  of  their  good  discretions 
and  pollicies,  as  well  in  causes  capital,  or  criminall,  as  ciuil,  both 
marine  and  other,  all  such  our  subiects  -as  shall  from  time  to  time 
aduenture  themselves  in  the  said  iournies  or  voyages,  or  that  shall  at 
any  time  hereafter  inhabite  any  such  landes,  countreis,  or  territories 
as  aforesaide,  or  shall  abide  within  200.  leagues  of  any  of  the  saide 
place  or  places,  where  the  saide  Walter  Ralegh,  his  heires  or  assignes, 
or  any  of  them,  or  any  of  his  or  their  associates  or  companies,  shall 
inhabite  within  6.  yeeres  next  ensuing  the  date  hereof,  according  to 
such  statutes,  lawes  and  ordinances,  as  shall  bee  by  him  the  saide 
Walter  Ralegh  his  heires  and  assignes,  and  euery  or  any  of  them 
deuised,  or  established,  for  the  better  government  of  the  said  people 
as  aforesaid.  So  always  as  the  said  statutes,  lawes,  and  ordinances 
may  be  as  neere  as  conueniently  may  be,  agreeable  to  the  forme  of  the 
lawes,  statutes,  governement,  or  pollicie  of  England,  and  also  so  as 
they  be  not  against  the  true  Christian  faith,  nowe  professed  in  the 


56  Charter  to  Sir  Walter  Raleigh— 1584 

Church  of  England,  nor  in  any  wise  to  withdrawe  any  of  the  subiects 
or  people  of  those  landes  or  places  from  the  allegiance  of  vs,  our 
heires  and  successours,  as  their  immediate  Soueraigne  vnder  God. 

And  further,  wee  doe  by  these  presents  for  vs,  our  heires  and  suc- 
cessors, giue  and  graunt  full  power  and  authoritie  to  our  trustie  and 
welbeloued  counsailer  sir  William  Cicill  knight,  I^rde  Biirghley^  our 
high  Treasourer  of  England,  and  to  the  Lorde  Treasourer  of  Eng- 
land, for  vs,  our  heires  and  successors  for  the  time  being,  and  to  the 
priuie  Counsell,  of  us,  our  heirs  and  successours,  or  any  loure  or  more 
of  them  for  the  time  being,  that  hee,  they,  or  any  foure  or  more  of 
them,  shall  and  may  from  time  to  time,  and  at  all  times  hereafter, 
vndor  his  or  their  handes  or  scales  by  vertue  of  these  presents,  au- 
thorise and  licence  the  saide  Walter  Ralegh,  his  heires  and  assignes. 
and  euery  or  anv  of  them  by  him,  and  by  themselues,  or  by  their,  or 
any  of  their  sufllicient  Atturnies,  deputies,  officers,  ministers,  factors, 
and  seruants,  to  imbarke  and  transport  out  of  our  Realme  of  Eng- 
land and  Ireland,  and  the  Dominions  thereof  all,  or  any  of  his,  or 
their  goods,  and  all  or  any  the  goods  of  his  and  their  associats  and 
companies,  and  euery  or  any  of  them,  with  such  other  necessaries 
and  commodities  of  any  our  Realmes,  as  to  the  saide  Lorde  Treas- 
ourer, or  foure  or  more  of  the  priuie  Counsaile,  of  vs,  our  heires  and- 
successors  for  the  time  being  (as  aforesaide)  shalbe  from  time  to 
time  by  his  or  their  wisdomes,  or  discretions  thought  meete  and 
conuenient,  for  the  better  reliefe  and  supportation  ot  him  the  saide 
Walter  Ralegh,  his  heires,  and  assignes,  and  euery  or  any  of  them, 
and  of  his  or  their  or  any  of  their  associats  and  companies,  any  acte, 
statute,  lawe,  or  other  thing  to  the  contrary  in  any  wise  notwith- 
standing. 

Provided  alwayes,  and  our  will  and  pleasure  is,  and  wee  do  hereby 
declare  to  all  Christian  kings,  princes  and  states,  that  if  the  saide 
Walter  Ralegh,  his  heires  or  assignes,  or  any  of  them,  or  any  other 
by  their  licence  or  appointment,  shall  at  any  time  or  times  hereafter, 
robbe  or  spoile  by  sea  or  by  lande,  or  do  any  acte  of  unjust  or  unlaw- 
ful hostilitie,  to  any  of  the  subjects  of  vs,  our  heires  or  successors,  or 
to  any  of  the  subjects  of  any  the  kings,  princes,  rulers,  governors,  or 
estates,  being  then  in  perfect  league  and  amitie  with  us,  our  heires 
and  successors,  and  that  upon  such  injury,  or  upon  iust  complaint  of 
any  such  prince,  ruler,  governoir.  or  estate,  or  their  subiects,  wee,  our 
heires  and  successours,  shall  make  open  proclamation  within  any  the 
portes  of  our  Realme  of  England,  that  the  saide  Walter  Ralegh,  his 
heires  and  assignes,  and  adherents,  or  any  to  whome  these  our  letters 
patents  may  extende,  shall  within  the  termes  to  be  limitted,  by  such 
proclamation,  make  full  restitution,  and  satisfaction  of  all  such  in- 
juries done,  so  as  both  we  and  the  said  princes,  or  other  so  complay- 
ning,  may  holde  vs  and  themselues  fullv  contented.  And  that  if  the 
saide  Walter  Ralegh,  his  heires  and  assignes,  shall  not  make  or  cau«e 
to  be  made  satisfaction  accordingly,  Avithin  such  time  so  to  be  lim- 
itted, that  then  it  shall  be  lawful!  to  us  our  heires  and  successors,  to 
put  the  saide  Walter  Ralegh,  his  heires  and  assignes  and  adherents, 
and  all  the  inhabitants  of  the  said  places  to  be  discouered  (as  is  afore- 
saide) or  any  of  them  out  of  our  allegiance  and  protection,  and  that 
from  and  after  such  time  of  putting  out  of  protection  the  said  Walter 
Ralegh,  his  heires,  assignes  and  adherents,  and  others  so  to  be  put  out, 


Charter  to  Sir  Walter  Raleigh — 1S84  57 

iind  the  said  places  within  their  habitation,  possession  and  rule,  shal 
be  out  of  our  allegeance  and  protection,  and  free  for  all  princes  and 
others,  to  pursue  with  hostilitie,  as  being  not  our  subiects,  nor  by  vs 
any  way  to  be  auouched,  maintained  or  defended,  nor  to  be  holden  as 
any  of  ours,  nor  to  our  protection  or  dominion,  or  allegiance  any  way 
belonging,  for  that  expresse  mention  of  the  cleer  yeerely  value  of  the 
certaintie  of  the  premisses,  or  any  part  thereof,  or  of  any  other  gift, 
or  grant  by  vs,  or  any  our  progenitors,  or  predecessors  to  the  said 
Walter  Balegh,  before  this  time  made  in  these  presents  be  not  ex- 
pressed, or  any  other  grant,  ordinance,  prouision,  proclamation,  or 
restraint  to  the  contrarye  thereof,  before  this  time  giuen,  ordained,  or 
prouided,  or  any  other  thing,  cause,  or  matter  whatsoeuer,  in  any 
wise  notwithstanding.  In  witness  whereof,  we  haue  caused  these  our 
letters  to  be  made  patents.  Witnesse  our  selues,  at  Westminster,  the 
25.  day  of  March,  in  the  sixe  and  twentieth  yeere  of  our  Raigne. 


CHARTER  OF  THE  DUTCH  WEST  INDIA  COMPANY-1621« 

REFERENCES 

Charter  of  Privileges  and  Exemptions  of  the  Dutch  West  India  Company.    June 

7,  1629. 
Documents  Relative  to  the  Colonial  History. of  the  SJate  of  New  York.     Vol.  II. 

pp.  553-557. 
O'Callaghan,  History  of  New  Netherland,  I,  112-120. 
Modified  Concessions  of  1640.     Doc.  Relative  to  Col.   Hist,  of  N.   Y.     Vol.   I. 

JUNE  3,  1621 

The  States-General  of  the  United  Netherlands,  to  all  who  shall  see 
these  Presents,  or  hear  them  read,  Greeting. 

Be  it  known,  that  we  knowing  the  prosperity  of  these  countries, 
and  the  welfare  of  their  inhabitants  depends  principally  on  naviga- 
tion and  trade,  which  in  all  former  times  by  the  said  Countries  were 
carried  on  happily,  and  with  a  great  blessing  to  all  countries  and 
kingdoms;  and  desiring  that  the  aforesaid  inhabitants  should  not 
only  be  preserved  in  their  former  navigation,  traffic,  and  trade,  but 
also  that  their  trade  may  be  encreased  as  much  as  possible  in  special 
conformity  to  the  treaties,  alliances,  leagues  and  covenants  for  traffic 
and  navigation  formerly  made  with  other  princes,  republics  and 
people,  which  we  give  them  to  understand  must  be  in  all  parts  punc- 
tually kept  and  adhered  to :  And  we  find  by  experience,  that  without 
the  common  help,  assistance,  and  interposition  of  a  General  Company, 
the  people  designed  from  hence  for  those  parts  cannot  be  profitably 
protected  and  mantained  in  their  great  risque  from  pirates,  extortion 
and  otherwise,  which  will  happen  in  so  very  long  a  voyage.  We 
have,  therefore,  and  for  several  other  important  reasons  and  consid- 
erations as  thereunto  moving,  with  mature  deliberation  of  counsel, 
and  for  highly  necessary  causes,  found  it  good,  that  the  navigation, 
trade,  and  commerce,  in  the  parts  of  the  West-Indies,  and  Africa, 
and  other  places  hereafter  described,  should  not  henceforth  be  carried 
on  any  otherwise  than  by  the  common  united  strength  of  the  mer- 
chants and  inhabitants  of  these  countries ;  and  for  that  end  there  shall 
be  erected  one  General  Company,  which  we  out  of  special  regard  to 
their  common  well-being,  and  to  keep  and  preserve  the  inhabitants 
of  those  places  in  good  trade  and  welfare,  will  maintain  and 
strengthen  with  our  Help,  Favour  and  assistance  as  far  as  the  present 
state  and  condition  of  this  Country  will  admit :  and  moreover  furnish 
them  with  a  proper  Charter,  and  with  the  following  Priveleges  and 
Exemptions,  to  wit.  That  for  the  Term  of  four  and  twenty  Years, 
none  of  the  Natives  or  Inhabitants  of  these  countries  shall  be  per- 
mitted to  sail  to  or  from  the  said  lands,  or  to  traffic  on  the  coast  and 
countries  of  Africa  from  the  Tropic  of  Cancer  to  the  Cape  of  Good 
Hope,  nor  in  the  countries  of  America,  or  the  West-Indies,  beginning 

<»  Text  in  Historical  Collections ;  consisting  of  State  Papers,  and  Other  Authen- 
tic Documents,  etc.  By  Ebenezer  Hazard.  (Philadelphia,  MDCCXCII),  Vol.  I, 
pp.  121-131. 

59 


60      Charter  of  the  Dutch  West  India  Company — 1621 

at  the  fourth  end  of  Terra  Nova,  by  the  streights  of  Magellan,  La 
Maire,  or  any  other  streights  and  passages  situated  thereabouts  to 
the  streights  of  Anion,  as  well  on  the  north  sea  as  the  south  sea,  nor 
on  any  islands  situated  on  the  one  side  or  the  other,  or  between  both  ; 
nor  in  the  western  or  southern  countries  reaching,  lying,  and  be- 
tween both  the  meridians,  from  the  Cape  of  Good  Ho^e,  in  the  East, 
to  the  east  end  of  New  Guinea,  in  the  West,  inclusive,  but  in  the 
Name  of  this  United  Company  of  these  United  Netherlands.  And 
whoever  shall  presume  without  the  consent  of  this  Company,  to  sail 
or  to  traffic  in  any  of  the  Places  within  the  aforesaid  Limits  granted 
to  this  Company,  he  shall  forfeit  the  ships  and  the  goods  which  shall 
be  found  for  sale  upon  the  aforesaid  coasts  and  lands;  the  which 
being  actually  seized  by  the  aforesaid  Company,  shall  be  by  them 
kept  for  their  own  Benefit  and  Behoof.  And  in  case  such  ships  or 
goods  shall  be  sold  either  in  other  countries  or  havens  they  may  touch 
at,  the  owners  and  partners  must  be  fined  for  the  value  of  those  ships 
and  goods :  Except  only,  that  they  who  before  the  date  of  this  char- 
ter, shall  have  sailed  or  been  sent  out  of  these  or  any  other  countries, 
to  any  of  the  aforesaid  coasts,  shall  be  able  to  continue  their  trade 
for  the  sale  of  their  goods,  and  come  back  again,  or  otherwise,  until 
the  expiration  of  this  charter,  if  they  have  had  any  before,  and  not 
longer:  Provided,  that  after  the  first  of  July  sixteen  hundred  and 
twenty  one,  the  day  and  time  of  this  charter^s  commencing,  no  per- 
son shall  be  able  to  send  any  ships  or  goods  to  the  places  compre- 
hended in  this  charter,  although  that  before  the  date  hereof,  this 
Company  was  not  finally  incorporated :  But  shall  provide  therein  as 
is  becoming,  against  those  who  knowingly  by  fraud  endeavour  to  frus- 
trate our  intention  herein  for  the  public  good:  Provided  that  the 
salt  trade  at  Ponte  del  Re  may  be  continued  according  to  the  condi- 
tions and  instructions  by  us  already  given,  or  that  may  be  given 
respecting  it,  any  thing  in  this  charter  to  the  contrary  notwith- 
standing. 

II.  That,  moreover,  the  aforesaid  Company  may,  in  our  name  and 
authority,  within  the  limits  herein  before  prescribed,  make  contracts, 
engagements  and  alliances  with  the  limits  herein  before  prescribed, 
make  contracts,  engagements  and  alliances  with  the  princes  and 
natives  of  the  countries  comprehended  therein,  and  also  build  any 
forts  and  fortifications  there,  to  appoint  and  discharge  Governors, 
people  for  war,  and  officers  of  justice,  and  other  public  officers,  for 
the  preservation  of  the  places,  keeping  good  order,  police  and  justice, 
and  in  like  manner  for  the  promoting  of  trade;  and  again,  others  in 
their  place  to  put,  as  they  from  the  situation  of  their  affairs  shall 
see  fit :  Moreover,  they  must  advance  the  peopling  of  those  fruitful 
and  unsettled  parts,  and  do  all  that  the  service  of  those  countries, 
and  the  profit  and  increase  of  trade  shall  require:  and  the  Company 
shall  successively  communicate  and  transmit  to  us  such  contracts 
and  alliances  as  they  shall  have  made  with  the  aforesaid  princes 
and  nations;  and  likewise  the  situation  of  the  fortresses,  fortifica- 
tions, and  settlements  by  them  taken. 

III.  Saving,  that  they  having  chosen  a  governor  m  chief,  and 
prepared  instructions  for  him,  they  shall  be  approved,  and  a  com- 
mission given  by  us,  And  that  further,  such  governor  in  chief,  as 
well  as  other  deputy  governors,  commanders,  and  officers,  shall  be 
held  to  take  an  oath  or  allegiance  to  us  and  also  to  the  Company. 


Charter  of  the  Dutch  West  India  Company — 1621     61 

IV.  And  if  the  aforesaid  Company  in  any  of  the  aforesaid  places 
shall  be  cheated  under  the  appearance  of  friendship,  or  badly 
treated,  or  shall  suffer  loss  in  trusting  their  money  or  Goods,  without 
having  restitution,  or  receiving  payment  for  them,  they  may  use  the 
best  methods  in  their  power,  according  to  the  situation  of  their 
affairs,  to  obtain  satisfaction. 

V.  And  if  it  should  be  necessary  for  the  establishment,  security 
and  defence  of  this  trade,  to  take  any  troops  with  them,  we  will, 
according  to  the  constitution  of  this  country,  and  the  situation  of 
affairs  furnish  the  said  Company  with  such  troops,  provided  they  be 
paid  and  supported  by  the  Company. 

VI.  Which  troops,  besides  the  oath  already  taken  to  us  and  to  his 
excellency,  shall  swear  to  obey  the  commands  of  the  said  Company, 
and  to  endeavour  to  promote  their  interest  to  the  utmost  of  their 
ability. 

VII.  That  the  provosts  of  the  Company  on  shore  may  apprehend 
any  of  the  military,  that  have  inlisted  in  the  service  of  the  aforesaid 
company,  and  may  confine  them  on  board  the  ships  in  whatever  city, 
place,  or  jurisdiction  they  may  be  found;  provided,  the  provosts  first 
inform  the  officers  and  magistrates  of  the  cities  and  places  where  this 
happens. 

VIII.  That  we  will  not  take  any  ships,  ordnance,  or  ammunition 
belonging  to  the  company,  for  the  use  of  this  country,  without  the 
consent  of  the  said  company. 

IX.  We  have  moreover  incorporated  this  company,  and  favoured 
them  with  privileges,  and  we  give  them  a  charter  besides  this,  that 
they  may  pass  freely  with  all  their  ships  and  goods  without  paying 
any  toll  to  the  United  Provinces ;  and  that  they  themselves  may  use 
their  liberty  in  the  same  manner  as  the  free  inhabitants  of  the  cities 
of  this  country  enjoy  their  freedom,  notwithstanding  any  person  who 
is  not  free  may  be  a  member  of  this  company. 

X.  That  all  the  goods  of  this  company  during  the  eight  next 
ensuing  years,  be  carried  out  of  this  country  to  the  parts  of  the  West- 
Indies  and  Africa,  and  other  places  comprehended  within  the  afore- 
said limits,  and  those  which  they  shall  bring  into  this  country,  shall 
be  from  outward  and  home  convoys ;  provided,  that  if  at  the  expira- 
tion of  the  aforesaid  eight  years,  the  state  and  situation  of  these 
Countries  will  not  admit  of  this  Freedom's  continuing  for  a  longer 
time,  the  said  goods,  and  the  merchandises  coming  from  the  places 
mentioned  in  this  Charter,  and  exported  again  out  of  these  countries, 
and  the  outward  convoys  and  licenses,  during  the  whole  time  of  this 
Charter,  shall  not  be  rated  higher  by  us  than  they  have  formerly  been 
rated,  unless  we  should  be  again  engaged  in  a  war,  in  which  case,  all 
the  aforesaid  goods  and  merchandises  will  not  be  rated  higher  by  us 
than  they  were  in  the  last  list  in  time  of  war. 

XI.  And  that  this  company  may  be  strengthened  by  a  good  gov- 
ernment, to  the  greatest  profit  and  satisfaction  of  all  concerned,  we 
have  ordained,  that  the  said  government  shall  be  vested  in  five  cham- 
bers of  managers ;  one  at  Amsterdam, — this  shall  have  the  management 
of  four-ninths  parts;  one  chamber  in  Zealand,  for  two-ninth  parts; 
one  chamber  at  the  Maeze,  for  one-ninth  part ;  one  chamber  in  North 
Holland,  for  one-ninth-part;  and  the  fifth  chamber  in  Friesland, 
with  the  city  and  country,  for  one-ninth  part;  upon  the  condition 
entered  in  the  record  of  our  resolutions,  and  the  Act  past  respecting 

7251— VOL  1—07 7 


62      Charter  of  the..  Dutch  West  India  Company — 1621 

it.  And  the  Provinces  in  which  there  are  no  chambers  shall  be  accom- 
modated with  so  many  managers,  divided  among  the  respective  cham- 
bers, as  their  hundred  thousand  guilders  in  this  company  shall  entitle 
them  to. 

XII.  That  the  chamber  of  Amsterdam  shall  consist  of  twenty  man- 
agers; the  chamber  of  Zealand  of  twelve ;  the  chambers  of  Maeze  and 
of  the  North  Part,  each  of  fourteen,  and  the  chamber  of  Friesland, 
with  the  city  and  country,  also  of  fourteen  managers;  if  it  shall  here- 
after appear,  that  this  work  cannot  be  carried  on  without  a  greater 
number  of  persons ;  in  that  case,  more  may  be  added,  with  the  knowl- 
edge of  nineteen,  and  our  approbation,  but  not  otherwise. 

XIII.  And  the  States  of  the  respective  United  Provinces  are 
authorized,  to  lay  before  their  High  Mightinesses'  ordinary  deputies, 
or  before  the  magistrates  of  the  cities  of  these  Provinces,  any  order 
for  registering  the  members,  together  with  the  election  of  managers, 
if  they  find  they  can  do  it  according  to  the  constitution  of  their 
Provinces.  Moreover,  that  no  person  in  the  chamber  of  Amsterdam 
shall  be  chosen  a  manager  who  has  not  of  his  own  in  the  funds  of  the 
company,  the  sum  of  five  thousand  guilders;  and  the  Chamber  of 
Zealand  four  thousand  guilders,  and  the  chamber  of  Maeze,  of  the 
North  Part,  and  of  Friesland,  with  the  city  and  country,  the  like  sum 
of  four  thousand  guilders. 

XIV.  That  the  first  managers  shall  serve  for  the  term  of  six  years, 
and  then  one-third  part  of  the  number  of  managers  shall  be  changed 
by  lot ;  and  two  years  after  a  like  third  part,  and  the  two  next  follow- 
ing years,  the  last  third  part;  and  so  on  successively  the  oldest  in 
the  service  shall  be  dismissed ;  and  in  the  place  of  those  who  go  off, 
or  of  any  that  shall  die,  or  for  any  other  reason  be  dismissed,  three 
others  shall  be  nominated  by  the  managers,  both  remaining  and  going 
off,  together  with  the  principal  adventures  in  person,  and  at  their 
cost,  from  Avhich  the  aforesaid  Provinces,  the  deputies,  or  the  magis- 
trates, shall  make  a  new  election  of  a  manager,  and  successively 
supply  the  vacant  places;  and  it  shall  be  held  before  the  principal 
adventurers,  who  have  as  great  a  concern  as  the  respective  managers. 

XV.  That  the  accounts  of  the  furniture  and  outfit  of  the  vessels, 
with  their  dependencies,  shall  be  made  up  three  months  after  the 
departure  of  the  vessels,  and  one  month  after,  copies  shall  be  sent  to 
to  us,  and  to  the  respective  chambers:  and  the  state  of  the  returns, 
and  their  sales,  shall  the  chambers  (as  often  as  we  see  good,  or  they 
are  required  thereto  by  the  chambers)  send  to  us  and  to  one  another. 

XVI.  That  evry  six  years  they  shall  make  a  general  account  of  all 
outfits  and  returns,  together  with  all  the  gains  and  losses  of  the  com- 
pany ;  to  wit,  one  of  their  business,  and  one  of  the  war,  each  separate ; 
which  accounts  shall  be  made  public  by  an  advertisement,  to  the  end 
that  every  one  who  is  interested  may,  upon  hearing  of  it,  attend ;  and 
if  by  the  expiration  of  the  seventh  year,  the  accounts  are  not  made  out 
in  manner  aforesaid,  the  managers  shall  forfeit  their  commissions, 
which  shall  be  appropriated  to  the  use  of  the  poor,  and  they  thepi- 
selves  be  held  to  render  their  account  as  before,  till  such  time  and 
under  such  penalty  as  shall  be  fixed  by  us  respecting  offenders.  And 
notwithstanding  there  shall  be  a  dividend  made  of  the  profits  of  the 
business,  so  long  as  we  find  that  ten  per  cent  shall  have  been  gained. 

XVII.  No  one  shall,  during  the  continuance  of  this  charter,  with- 
draw his  capital,  or  sum  advanced,  from  this  company ;  nor  shall  any 


Charter  of  the  Dutch  West  India  Company — 1621     63 

new  members  be  admitted.  If  at  the  expiration  of  four  and  twenty 
years  it  shall  be  found  good  to  continue  this  company,  or  to  erect  a 
a  new  one,  a  final  account  and  estimate  shall  be  made  by  the  nineteen, 
with  our  knowledge,  of  all  that  belongs  to  the  company,  and  also  of 
all  their  expences,  and  any  one,  after  the  aforesaid  settlement  and 
estimate,  may  withdraw  his  money,  or  continue  it  in  the  new  company, 
in  whole  or  in  part,  in  the  same  proportion  as  in  this ;  And  the  new 
company  shall  in  such  case  take  the  remainder,  and  pay  the  members 
which  do  not  think  fit  to  continue  in  the  company  their  share,  at  such 
times  as  the  nineteen,  with  our  knowledge  and  approbation,  shall 
think  proper, 

XVIII.  That  so  often  as  it  shall  be  necessary  to  have  a  general 
meeting  of  the  aforesaid  chambers,  it  shall  be  by  nineteen  persons, 
of  whom  eight  shall  come  from  the  chamber  of  Amsterdam;  from 
Zealand,  four ;  from  the  Maeze,  two ;  from  North  Holland,  two ;  from 
Friesland,  and  the  city  and  country,  two,  provided,  that  the  nineteen 
persons,  or  so  many  more  as  we  shall  at  any  time  think  fit,  shall  be 
deputed  by  us  for  the  purpose  of  helping  to  direct  the  aforesaid 
meeting  of  the  company. 

XIX.  By  which  general  meeting  of  the  aforesaid  chambers,  all 
the  business  of  this  Company  which  shall  come  before  them  shall 
be  managed  and  finally  settled,  provided,  that  in  case  of  resolving 
upon  a  war,  our  approbation  shall  be  asked. 

XX.  The  aforesaid  general  meeting  being  summoned,  it  shall  meet 
to  resolve  when  they  shall  fit  out,  and  how  many  vessels  they  will 
send  to  each  place,  the  company  in  general  observing  that  no  par- 
ticular chamber  shall  undertake  any  thing  in  opposition  to  the  fore- 
going resolution,  but  shall  be  held  to  carry  the  same  effectually 
into  execution.  And  if  any  chamber  shall  be  found  not  following 
the  common  resolution,  or  contravening  it,  we  have  authorized,  and 
by  these  presents  do  authorize,  the  said  meeting,  immediately  to 
cause  reparation  to  be  made  of  every  defect  or  contravention,  wherein 
we,  being  desired,  will  assist  them. 

XXI.  The  said  general  meeting  shall  be  held  the  first  six  years 
in  the  city  of  Amsterdam,  and  two  years  thereafter  in  Zealand,  and 
so  on  from  time  to  time  in  the  aforesaid  two  places. 

XXII.  The  managers  to  whom  the  affairs  of  the  company  shall 
be  committed,  who  shall  go  from  home  to  attend  the  aforesaid 
meeting  or  otherwise,  shall  have  for  their  expences  and  wages,  four 
guilders  a  day,  besides  boat  and  carriage  hire;  Provided,  that  those 
who  go  from  one  city  to  another,  to  the  chambers  as  managers  and 
governors,  shall  receive  no  wages  or  travelling  charges,  at  the  cost 
of  the  company. 

XXIII.  And  if  it  should  happen  that  in  the  aforesaid  general 
meeting,  any  weighty  matter  should  come  before  them  Avherein  they 
cannot  agree,  or  in  case  the  vote  are  equally  divided,  the  same  shall 
be  left  to  our  decision ;  and  whatever  shall  be  determined  upon  shall 
be  carried  into  execution. 

XXIV.  And  all  the  inhabitants  of  these  countries,  and  also  of 
other  countries,  shall  be  notified  by  public  advertisements  within  one 
month  after  the  date  hereof,  that  they  may  be  admitted  into  this 
Company,  during  five  months  from  the  first  of  July  this  year,  sixteen 
hundred  and  twenty  one,  and  that  they  must  pay  the  money  they 
put  into  the  Stock  in  three  payments ;  to  wit,  one  third  part  at  the 
expiration  of  the  aforesaid  five  months,  and  the  other  two-thirds 


64      Charter  of  the  Dutch  West  India  Company — 1621 

parts  within  three  next  succeeding  years.  In  case  the  aforesaid  gen- 
eral meeting  shall  find  it  necessary  to  prolong  the  time,  the  members 
shall  be  notified  by  an  advertisement. 

XXV.  The  ships  returning  from  a  voyage  shall  come  to  the  place 
they  sailed  from;  and  if  by  stress  of  weather,  the  vessels  which  sailed 
out  from  one  part  shall  arrive  in  another;  as  those  from  Amsterdam, 
or  North  Holland,  in  Zealand,  or  in  the  Maeze;  or  from  Zealand,  in 
Holland ;  or  those  from  Friesland,  Avith  the  city  and  country,  in 
another  part;  each  chaml)er  shall  nevertheless  have  the  direction  and 
management  of  the  vessels  and  goods  it  sent  out,  and  shall  send  and 
transport  the  goods  to  the  places  from  whence  the  vessels  sailed, 
either  in  the  same  or  other  vessels:  Provided,  that  the  managers  of 
that  chamber  shall  Ik*  held  in  person  to  find  the  place  where  the  ves- 
sels and  goods  are  arrived,  and  not  appoint  factors  to  do  this  busi- 
ness; but  in  case  they  shall  not  be  in  a  situation  for  travelling,  they 
shall  commit  this  business  to  the  chamber  of  the  place  where  the 
vessels  arrived. 

XXVI.  If  any  chamber  has  got  any  goods  or  returns  from  the 
places  included  within  the  Limits  of  this  charter,  with  which  another 
is  not  provided,  it  shall  be  held  to  send  such  goods  to  the  chamber 
which  is  unprovided,  on  its  request,  according  to  the  situation  of  the 
case,  and  if  they  have  sold  them,  to  send  to  another  chamber  for 
more.  And  in  like  manner,  if  the  managers  of  the  respective  cham- 
bers have  need  of  any  persons  for  fitting  out  the  vessels,  or  otherwise, 
from  the  cities  where  there  are  chambers  or  managers,  they  shall 
require  and  employ  the  managers,  of  this  company,  without  making 
use  of  a  factor. 

XXVII.  And  if  any  of  the  Provinces  think  fit  to  appoint  an  agent 
to  collect  the  money  from  the  inhabitants,  and  to  make  a  fund  in  any 
chamber,  and  for  paying  dividends,  the  chamber  shall  be  obliged  to 
give  such  agent  access,  that  he  may  obtain  information  of  the  state 
of  the  disbursements  and  receipts,  and  of  the  debts;  provided,  that 
the  money  brought  in  by  such  agent  amount  to  fifty  thousand  guilders 
or  upwards. 

XXVIII.  The  managers  shall  have  for  commissions  one  per  cent. 
on  the  outfits  and  returns,  besides  the  Prince's;  and  an  half  per  cent. 
on  gold  and  silver:  which  commission  shall  bo  div^ided;  to  the  Cham- 
ber of  Amsterdam,  four-ninth  parts;  the  Chamber  of  Zealand,  two- 
ninth  parts;  the  Maeze,  one-ninth  part;  North  Holland,  one-ninth 
part,  and  Friesland,  with  the  city  and  country,  a  like  ninth  part. 

XXIX.  Provided  that  they  shall  not  receive  commissions  on  the 
ordnance  and  the  ships  more  than  once.  They  shall,  moreover,  have 
no  commissions  on  the  ships,  ordnance,  and  other  things  with  which 
we  shall  strengthn  the  Company ;  nor  on  the  money  which  they  shall 
collect  for  the  Company,  nor  on  the  profits  they  receive  from  the 
goods,  nor  shall  they  charge  the  Company  with  any  expenses  of 
traveling  or  provisions  for  those  to  whom  they  shall  committ  the 
providing  a  cargo,  and  purchasing  goods  necessary  for  it. 

XXX.  The  book-keepers  and  cashiers  shall  have  a  salary  paid 
them  by  the  managers  out  of  their  commissions. 

XXXI.  The  manager  shall  not  deliver  or  sell  to  the  Company,  in 
whole  or  in  part,  any  of  their  own  ships,  merchandise  or  goods;  nor 
buy  or  cause  to  be  bought,  of  the  said  Company,  directly  or  indirectly, 
any  goods  or  merchandize,  nor  have  any  portion  or  part  therein,  on 


Charter  of  the  Dutch  West  India  Company — 1621     65 

forfeiture  of  one  year's  commissions  for  the  use  of  the  poor,  and  the 
loss  of  Office. 

XXXII.  The  managers  shall  give  notice  by  advertisement,  as  often 
as  they  have  a  fresh  importation  of  goods  and  merchandize,  to  the 
end  that  every  one  may  have  seasonable  knowledge  of  it,  before  they 
proceed  to  a  final  sale. 

XXXIII.  And  if  it  happens  that  in  either  Chamber,  an  of  the 
managers  shall  get  into  such  a  situation,  that  he  cannot  make  good 
what  was  entrusted  to  him  during  his  administration,  and  in  conse- 
quence thereof  any  loss  shall  happen,  such  Chamber  shall  be  liable 
for  the  damage,  and  shall  also  be  specially  bound  for  their  adminis- 
tration, which  shall  also  be  the  case  w^ith  all  the  members,  who,  on 
account  of  goods  purchased,  or  otherwise,  shall  become  debtors  to  the 
Company,  and  so  shall  be  reckoned  all  cases  relating  to  their  stock 
and  what  may  be  due  to  the  Company. 

XXXIV.  The  managers  of  the  respective  chambers  shall  be  re- 
sponsible for  their  respective  cashiers  and  book-keepers. 

XXXV.  That  all  the  goods  of  this  Company  Avhich  shall  be  sold 
by  weight  shall  be  sold  by  one  weight,  to  wit,  that  of  Amsterdam; 
and  that  all  such  goods  shall  be  put  on  board  ship,  or  in  store  without 
paying  any  excise,  import  or  weigh-money;  provided,  that  they 
being  sold,  shall  not  be  delivered  in  any  other  way  than  by  weight; 
and  provided  that  the  impost  and  Aveigh-money  shall  be  paid  as 
often  as  they  are  alienated,  in  the  same  manner  as  other  goods  subject 
to  weigh-money. 

XXXVI.  That  the  persons  or  ^oods  of  the  managers  shall  not  be 
arrested,  attached  or  encumbered,  m  order  to  obtain  from  them  an  ac- 
count of  the  administration  of  the  Company,  nor  for  the  payment  of 
the  wages  of  those  who  are  in  the  service  of  the  Company,  but  those 
who  shall  pretend  to  take  the  same  upon  them,  shall  be  bound  to  refer 
the  matter  to  their  ordinary  judges. 

XXXVII.  So  when  any  ship  shall  return  from  a  voyage,  the  gen- 
erals or  commanders  of  the  fleets,  shall  be  obliged  to  come  and  report 
to  us  the  success  of  the  voyage  of  such  ship  or  ships,  within  ten  days 
after  their  arrival,  and  shall  deliver  and  leave  w^ith  us  a  report  in 
writing,  if  the  case  requires  it. 

XXXVIII.  And  if  it  happens  (which  we  by  no  means  expect) 
that  any  person  wnll,  in  any  manner,  hurt  or  hinder  the  navigation, 
business,  trade,  or  traffic  of  this  Company,  contrary  to  the  common 
right,  and  the  contents  of  the  aforesaid  treaties,  leagues,  and  cove- 
nants, they  shal  defend  it  against  them,  and  regulate  it  by  the  in- 
structions we  have  given  concerning  it. 

XXXIX.  We  have  moreover  promised  and  do  promise,  that  we 
will  defend  this  Company  against  every  person  in  free  navigation 
and  traffic,  and  assist  them  Avith  a  million  of  guilders,  to  be  paid  in 
five  years,  Avhereof  the  first  two  hundred  thousand  guilders  shall  be 
paid  them  when  the  first  payment  shall  be  made  by  the  members; 
Provided  that  we,  with  half  the  aforesaid  million  of  guilders,  shall 
receive  and  bear  profit  and  risque  in  the  same  manner  as  the  other 
members  of  this  Company  shall. 

XL.  And  if  by  a  violent  and  continued  interruption  of  the  afore- 
said navigation  and  traffic,  the  business  within  the  limits  of  their 
Company  shall  be  brought  to  an  open  war,  we  will,  if  the  situation  of 
this  country  will  in  any  wise  admit  of  it,  give  them  for  their  assist- 


66     Charter  of  the  Dutch  West  India  Company — 1621 

ance  sixteen  ships  of  war,  the  least  one  hundred  and  fifty  lasts  bur- 
then ;  with  four  good  well  sailing  yachts,  the  least,  forty  lasts  bur- 
then, which  shall  be  properly  mounted  and  provided  in  all  respects, 
both  with  brass  and  other  cannon,  and  a  proper  quantity  of  ammu- 
nition, together  with  double  suits  of  running  and  standmg  rigging, 
sails,  cables,  anchors,  and  other  things  thereto  belonging,  such  as  are 
proper  to  be  provided  and  used  in  all  great  expeditions;  upon  condi- 
tion, that  they  shall  be  manned,  victualled,  and  supported  at  the 
expense  of  the  Company,  and  that  the  Company  shall  be  obliged  to 
add  thereto  sixteen  like  ships  of  war,  and  four  yachts,  mounted  and 
provided  as  above,  to  be  used  in  like  manner  for  the  defence  of  trade 
and  all  exploits  of  war :  Provided  that  all  the  ships  of  war  and  mer- 
chant-men (that  shall  be  with  those  provided  and  manned  as  afore- 
said) shall  be  under  an  admiral  appointed  by  us  according  to  the 
previous  advise  of  the  aforesaid  General  Company,  and  shall  obev 
our  commands,  together  with  the  resolutions  of  the  Company,  if  ft 
shall  be  necessary,  m  the  same  manner  as  in  time  of  war ;  so  notwith- 
standing that  the  merchantmen  shall  not  unnecessarily  hazard  their 
lading. 

XLI.  And  if  it  should  happen  that  this  country  should  be  remark- 
ably eased  of  its  burthens,  and  that  this  Company  should  be  laid 
under  the  grievous  burthen  of  a  war,  we  have  further  promised,  and 
do  promise,  to  encrease  the  aforesaid  subsidy  in  such  a  manner  as 
the  situation  of  these  countries  will  admit,  and  the  affairs  of  the 
Company  shall  require. 

XLII.  We  have  moreover  ordained,  that  in  case  of  a  war,  all  the 
prizes  which  shall  be  taken  from  enemies  and  pirates  within  the 
aforesaid  limits,  by  the  Company  or  their  assistants;  also  the  goods 
which  shall  be  seized  by  virtue  of  our  proclamation,  after  deducting 
all  expenses  and  the  damage  which  the  Companj'^  shall  suffer  in  tak- 
ing each  prize,  together  with  the  just  part  of  his  excellency  the 
admiral,  agreeable  to  our  resolution  of  the  first  of  April  sixteen 
hundred  and  two;  and  the  tenth  part  for  the  officers,  sailors  and 
soldiers,  who  have  taken  the  prize,  shall  await  the  disposal  of  the 
managers  of  the  aforesaid  Company;  Provided  that  the  account  of 
them  shall  be  kept  separate  and  apart  from  the  account  of  trade  and 
commerce ;  and  that  the  nett  proceeds  of  the  said  prizes  shall  be  em- 
ployed in  fitting  our  ships,  paying  the  troops,  fortifications,  garri- 
sons, and  like  matters  of  war  and  defence  by  sea  and  land ;  but  there 
shrill  be  no  distribution  unless  the  said  nett  proceeds  shall  amount 
to  so  much  that  a  notable  share  may  be  distributed  without  weaken- 
ing the  said  defence,  and  after  paying  the  expenses  of  the  war,  which 
shall  be  done  separate  and  apart  from  the  distributions  on  account 
of  Trade :  And  the  distribution  shall  be  made  one-tenth  part  for  the 
use  of  the  United  Netherlands,  and  the  remainder  for  the  members 
of  this  Company,  in  exact  proportion  to  the  capital  they  have 
advanced. 

XLIII.  Provided  nevertheless,  that  all  the  prizes  and  goods,  taken 
by  virtue  of  our  proclamation,  shall  be  brought  in,  and  the  right 
laid  before  the  judicature  of  the  counsellors  of  the  admiralitj  for  the 
part  to  which  they  are  brought,  that  they  may  take  cognizance  of 
them,  and  determine  the  legality  or  illegality  of  the  said  prizes: 
the  process  of  the  administration  of  the  goods  brought  in  by  the 
Company  remaining  nevertheless  pending,  and  that  under  a  proper 


Charter  of  the  Dutch  West  India  Company — 1621     67 

inventory ;  and  saving  a  revision  of  what  may  be  done  by  the  sentence 
of  the  admirality,  agreeable  to  the  instruction  given  the  admiralty  in 
that  behalf.  Provided  that  the  vendue-masters  and  other  officers 
of  the  Admiralty  shall  not  have  or  pretend  to  any  right  to  the  prizes 
taken  by  this  Company,  anc?  shall  not  be  employed  respecting  them. 

XLIV.  The  managers  of  this  Company  shall  solemnly  promise 
and  swear,  that  they  will  act  well  and  faithfully  in  their  administra- 
tion, and  make  good  and  just  accounts  of  their  trade:  That  they  in  all 
things  will  consult  the  greatest  profit  of  the  Company,  and  as  much 
as  possible  prevent  their  meeting  with  losses :  That  they  will  not  give 
the  principal  members  any  greater  advantage  in  the  payments  or 
distribution  of  money  than  the  least:  That  they,  in  getting  in  and 
receiving  outstanding  debts,  will  not  favour  one  more  than  another: 
that  they  for  their  own  account  will  take,  and,  during  the  continuance 
of  their  administration,  will  continue  to  take  such  sum  of  money  as 
by  their  charter  is  allotted  to  them;  and  moreover,  that  they  will,  as 
far  as  concerns  them,  to  the  utmost  of  their  power,  observe  and  keep, 
and  cause  to  be  observed  and  kept,  all  and  every  the  particulars  and 
articles  herein  contained. 

XLV.  All  which  privileges,  freedoms  and  exemptions,  together 
with  the  assistance  herein  before  mentioned,  in  all  their  particulars 
and  articles,  we  have,  with  full  knowledge  of  the  business,  given, 
granted,  promised  and  agreed  to  the  aforesaid  Company;  giving, 
granting,  agreeing  and  promising  moreover  that  they  shall  enjoy 
them  peaceably  and  freely;  ordaining  that  the  same  shall  be  ob- 
served and  kept  by  all  the  magistrates,  officers  and  subjects  of  the 
United  Nethelands,  without  doing  anything  contrary  thereto  directly 
or  indirectly,  either  within  or  out  of  these  Netherlands,  on  penalty 
of  being  punished  both  in  life  and  goods  as  obstacles  to  the  common 
welfare  of  this  country,  and  transgressors  of  our  ordinance:  prom- 
ising moreover  that  we  will  maintain  and  establish  the  Company  in 
the  things  contained  in  this  charter,  in  all  treaties  of  peace,  alliances 
and  agreements  with  the  neighboring  princes,  kingdoms  and  coun- 
tries, without  doing  anything,  or  suft'ering  any  thing  to  be  done 
which  will  weaken  their  establishment.  Charging  and  expressly 
commanding  all  governors,  justices,  officers,  magistrates  and  inhabi- 
tants of  the  aforesaid  United  Netherlands,  that  they  permit  the  afore- 
said Company  and  managers  peaceably  and  freely  to  enjoy  the  full 
effect  of  this  charter,  agreement,  and  privilege,  without  any  contra- 
diction or  impeachment  to  the  contrary.  And  that  none  may  pretend 
ignorance  hereof,  we  command  that  the  contents  of  this  charter  shall 
be  notified  by  publication,  or  an  advertisement,  where,  and  in  such 
manner,  as  is  proper ;  for  we  have  found  it  necessary  for  the  service 
of  this  country. 

Given  under  our  Great  Seal,  and  the  Signature  and  Seal  of  our 
Recorder,  at  the  Hague,  on  the  third  day  of  the  month  of  June, 
in  the  year  sixteen  hundred  and  twenty  one. 

Was  countersigned 

J.  MAGNUS,  Seer. 

Underneath  was  written, 

The  ordinance  of  the  High  and  Mighty  Ix)rds  the  States  General. 

It  was  subscribed, 

C.  AERSSEN. 

And  has  a  Seal  pendant,  of  red  Wax,  and  a  string  of  white  silk. 


SIR  ROBERT  HEATH'S  PATENT  5  CHARLES  P^ 

[30  Oct.  1629]* 

Charles  by  the  grace  of  God  of  England  Scotland  France  &  Ireland 
King  Defender  of  the  faith  &c:  To  all  to  whom  these  present  1"^^" 
shall  come,  greeting 

We  have  seen  the  inrolement  of  certaine  of  our  V^^  patents  under  our 
great  scale  of  England  made  to  S""  Robert  Heath  Knight  our  Atturney 
Generall,  bearing  dat«  at  Westminster  the  30.  day  of  October  in  the  5 
yeare  of  our  reigne  &  inroUed  in  our  Court  of  Chancery,  &  remaining 
upon  Record  among  the  Roles  of  the  Said  Court  in  these  words :  The 
king  to  all  to  whom  these  present  &c :  greeting.  Wliereas  our  beloved 
and  faithful  subject  and  servant  S'"  Robert  Heath  Knight  our  Attur- 
ney Generall,  kindled  with  a  certain  laudable  and  pious  desire  as  well 
of  enlarging  the  Christian  religion  as  our  Empoire  &  encreasing  the 
Trade  &  Commerce  of  this  our  kingdom :  A  certaine  Region  or  Terri- 
tory to  bee  hereafter  described,  in  our  lands  in  the  parts  of  America 
betwixt  one  &  thirety  &  36  degrees  of  northerne  latitude  inclusively 
placed  (yet  hitherto  untild,  neither  inhabited  by  ours  or  the  subjects 
of  any  other  Christian  king.  Prince  or  state  But  some  parts  of  it 
inhabited  by  certain  Barbarous  men  who  have  not  any  knowledge  of 
the  Divine  Dietye)  He  being  about  to  lead  thither  a  Colonye  of  men 
large  &  plentif ull,  professing  the  true  religion ;  seduously  &  industri- 
ously applying  themselves  to  the  culture  of  the  sayd  lands  &  to  mer- 
chandising to  be  performed  by  industry  &  at  his  owne  charges  & 
others  by  his  example.  And  in  this  his  purpose  in  this  affayer  for 
our  service  and  honour  he  hath  given  us  full  satisfaction,  which  pur- 
pose of  his  being  soe  laudable  &  manifestly  tending  to  our  honour, 
&  the  profit  of  our  kingdome  of  England  Wee  with  a  Royal  regard 
considering  these  things  doe  thinke  meete  to  approve  &  prosecute  them, 
for  which  end  the  sayd  S''  Robert  Heath  hath  humbly  supplicated  that 
all  that  Region  with  the  Isles  thereunto  belonging  with  certain  sorts 
of  privileges  &  jurisdictions  for  the  wholesome  government  of  his 
Colonye  &  Region  aforesaid  &  for  the  estate  of  the  appurtenances 
may  be  given  granted  and  confirmed  to  him,  his  heires  &  Assignes  by 
our  Royall  Highnesse. 

Know  therefore  that  wee  prosecuting  with  our  Royall  favor  the 
pious  &  laudable  purpose  &  desire  of  our  aforesaid  Atturney  of  our 
especiall  grace  certaine  knowledge  &  meere  motion,  have  given,  granted 

*  The  Colonial  Records  of  North  Carolina,  Published  under  the  Supervision 
of  the  Trustees  of  the  Public  Libraries,  by  order  of  the  General  Assembly. 
Collected  and  edited  by  William  L.  Saunders,  Secretary  of  Stata  Vol.  I,  1662 
to  1712.    Raleigh.    P.  M.  Hale,  Printer  to  the  State.    1886. 


70         Sir  Robert  Heath's  Patent  5  Charles  1st— 1629 

&  confirmed  &  by  this  our  present  charter  to  the  said  S""  Robert 
Heath  Knight  his  heirs  &  assignes  for  ever,  doe  give,  grant  &  con- 
firme  all  that  River  or  Rivelett  of  St  Matthew  on  the  South  side 
&  all  that  River  or  Rivelett  of  the  great  passe  on  the  North  side,  & 
all  the  lands  Tenements  &  Hereditaments  lying,  beeing  &  extending 
within  or  between  the  sayd  Rivers  by  that  draught  or  Tract  to  the 
Ocean  upon  the  east  side  &  soe  to  the  west  &  soe  fare  as  the  Continent 
extends  itselfe  with  all  &  every  their  appurtenances  &  alsoe'all  those 
our  Islands  of  beayus  Bahama  &  all  other  Isles  &  Islands  lying 
southerly  there  or  neare  upon  the  foresayd  continent  all  which  lye 
inclusively  within  the  degrees  of  31  &  36  of  Northerne  latitude; 
And  all  &  singular  the  ports  &  stations  of  shippes  &  the  Creeks  of 
the  sea  belonging  to  the  Rivers,  Islands  &  lands  aforesaid ;  with  the 
fishings  of  all  sorts  of  fish,  whales,  sturgeons  &  of  other  Royaltyes 
in  the  sea  or  in  the  rivers  moreover  all  veines,  mines  or  pits  either 
upon  or  conceald  of  Gold,  Silver  Jewells  &  precious  stones  &  all 
other  things  whatsoever,  whither  of  stones  or  metalls  or  any  other 
thing  or  matter  found  or  to  be  found  in  the  Region  Territory  Isles 
or  limitts  aforesaid.  And  furthermore  the  patronages  and  advow- 
sons  of  all  churches  which  shall  happen  to  be  built  hereafter  in  the 
said  Region  Territorv  &  Isles  and  limitts  bj'  the  increase  of  the 
religion  &  worship  of  Christ  Together  with  all  &  singular  these  & 
these  so6  amply.  Rights  Jurisdictions,  priviledges  prerogatives  Ro»ral- 
tyes  libertyes  immunityes  with  Royall  rights  &  franchises  whatso- 
ever as  well  by  sea  as  by  land,  within  that  Region  Territory  Isles 
&  limitts  aforesaid  To  have  exercise  use  &  enjoy  in  like  manner 
as  any  Bishop  of  Durham  within  the  Bp'^''^''®  or  County  palatine  of 
Durham  in  our  kingdome  of  England  ever  heretofore  had  held  used 
or  enjoyed  or  of  right  ought  or  could  have  hold  use  or  enjoy.  And 
by  the  presents  we  make  create  &  constitute  the  same  S*"  Robert 
Heath  his  heires  &  assignes  true  and  absolute  Lords  &  Proprietors 
of  the  Region  &  Territory  aforesaid  &  all  other  the  premises  for  us 
our  heires  &  successors  saveing  alwaies  the  faith  &  allegiance  due 
to  us  our  heires  &  successors.  To  have  hold  possess  &  enjoy  the  said 
Region  Isles  Rivers  &  the  rest  of  the  premises  to  the  said  S""  Robert 
Heath  Knight  his  heires  &  assignes  to  the  sole  &  proper  use  &  behoofe 
of  him  S""  Robert  Heath  Knight  his  heires  &  assignes  for  ever  with 
that  meaning  that  the  said  S""  Robert  Heath  his  heires  &  assises 
shall  plant  the  premisses  according  to  certaine  instructions  &  direc- 
tions of  oiires  signed  with  our  Royall  hand  of  the  date  of  the  pres- 
ents remaining  with  our  prineipall  Secretary  to  our  use  our  heires  & 
successors  To  be  held  of  us  our  heires  &  successors  Kings  of  England 
in  Cheife  by  knights  service  &  by  paying  for  it  to  us  our  heires  &, 
successors  one  Circle  of  Gold  formed  in  the  fashion  of  a  crowne  of 
the  weight  of  twenty  Ounces  with  this  inscription  ingraved  upon 
it  Deos  Coronet  Opus  Suum  whensoever  &  as  often  as  it  sliall  happen, 
that  we  our  heires  or  successors  shall  enter  the  said  Region,  &  also 
the  fifth  &  part  of  all  the  metall  of  Gold  &  Silver  (which  in  English 
is  called  Gold  &  Silver  Oare)  which  shall  from  time  to  time  happen 
to  be  found  within  the  foresayd  limits  &  such  a  proportion  of  the 
profitts  &  commodityes  out  of  the  premises  as  are  fully  conteined 
in  the  instructions  &  declarations  aforesaid. 


Sir  Robert  Heath's  Patent  5  Charles  1st— 1629  71 

But  that  the  aforesaid  region  or  Territory  soe  granted  &  described 
may  be  more  illustrious  by  us  than  all  the  other  Kegions  of  that 
land  &  may  be  adorned  with  more  ample  Titles. 

Know  that  we  of  our  free  grace  certain  knowledge  &  meerc  motion 
doe  thinke  fit  to  erect  the  sayd  Region  Territory  &  Isles  into  a  Prov- 
ince &  by  the  fulness  of  our  power  &  Kingly  Authority  for  us  our 
heires  &  successors,  we  doe  erect  &  incorporate  them  into  a  province 
&  name  the  same  Carolina  pr  the  province  of  Carolina,  &  the  fore- 
said Isles  the  Carolarns  Islands  &  soe  we  will  that  in  all  times  here- 
after they  shall  be  named.  And  because  we  herebefore  have  ordained 
&  made  the  fores'*  S""  Robert  Heath  Knight  true  lord  &  proprietor 
of  all  the  aforenamed  Province.  Furthermore  know  yee  that  we  for 
ourselves  our  heires  &  successors  doe  give  power  to  the  said  S''  Robert 
(of  whose  faith  prudence  industry  &  provident  circumspection  we 
have  great  confidence)  &  to  his  heires  &  assignes  for  the  good  & 
happy  Government  of  the  said  Province  to  forme  make  &  enact  & 
publish  under  the  scale  of  the  said  S""  Robert  his  heires  &  assignes 
what  lawes  soever  may  concerne  the  publicke  state  of  the  said  prov- 
ince or  the  private  profitt  of  all  according  to  the  wholesome  direc- 
tions of  &  with  the  counsell  assent  &  approbation  of  the  Freeholders 
of  the  same  Province  or  the  Major  part  of  them  who  Avhen  &  as  often 
as  need  shall  require  shall  by  the  aforesaid  S""  Robert  Heath  his 
Heires  &  Assignes  &  in  that  forme  which  to  him  or  them  shall  seem 
best,  be  called  together  to  make  lawes  &  those  to  be  for  all  men 
within  the  said  province  &  the  bounds  of  it  for  the  time  beeing  or 
under  his  or  their  Government  or  power  either  sayling  towards  Caro- 
lana  or  returning  from  thence  either  outward  to  England  or  out- 
ward to  any  other  dominion  of  ours  whatsoever  constituted  by  impo- 
sition of  fines  imprisonment  or  any  otlier  constraint  whatsoever  & 
we  grant  to  the  said  S""  Robert  his  heires  &  assignes  free  full  &  all 
kind  of  power  by  the  Tenour  of  these  presents  if  the  qualitye  of  the 
offence  requires  it  to  punish  by  the  losse  of  life  or  limbe  by  himself 
his  heires  or  assignes,  or  by  their  Deputyes  Lieutenants  Judges  Jus- 
tices Magestrates  Officers  &  ministers  to  be  constituted  &  made  ac- 
cording to  the  tenour  &  true  intent  of  these  presents  duely  to  be 
executed :  And  also  to  the  said  S'"  Robert  Heath  his  heires  &  assignes 
as  to  them  shall  seem  most  meet  power  of  constituting  &  ordaining 
Judges  &  Justices  Magestrates  &  officers  whatsoever  for  whatsoever 
causes  and  with  w^hat  power  soever  &  in  what  forme  by  sea  or  by 
land.  Alsoe  crimes  &  all  excesses  whatsoever  against  such  lawes  either 
before  judgement  received  or  after,  power  of  remitting  releasing  par- 
doning &  abolishing;  &  all  &  singular  complements  of  justice  courts 
tribunalls  forms  of  judgements  &  manners  of  processe  belonging  to 
them  although  there  be  not  mention  made  nor  expression  of  them 
in  these  presents  which  laws  as  aforesaid  to  be  proclaimed  &  to  be 
endowed  with  the  most  absolute  firmnesse  of  right,  we  will  injoyne 
command  &  order  that  they  be  inviolably  observed  &  kept  by  all 
men  the  Lieges  &  Subjects  of  us  our  heires  &  successors  (as  farre  as 
it  may  concerne  them)  &  under  the  paines  in  them  expressed  &  to  be 
expressed  yet  soe  that  the  foresaid  lawes  &  ordinances  be  consonant 
to  Reason  and  not  repugnant  or  contrary  but  (as  conveniently  as  may 
be  done)  consonant  to  the  lawes,  statutes,  customes  &  rights  of  our 
Realme  of  England. 


72         Sir  Robert  Heath's  Patent  5  Charles  1st— 1629 

And  because  in  the  Government  of  soe  great  a  Province  sudden 
chances  many  times  happen  to  which  it  will  be  necessary  to  apply  a 
remedy  before  that  the  Freeholders  of  the  sayd  province  can  be  called 
together  to  make  lawes,  neither  will  it  be  convenient,  upon  a  con- 
tinued title  in  an  emergent  occasion  to  gather  together  soe  great  a 
people  therefore  for  the  better  Government  of  the  sayd  Province,  we 
will  &  ordaine  &  by  these  presents  for  Us  our  Heires  &  Successors ; 
doe  grant  unto  the  said  S""  Robert  Heath  his  Heires  &  Assignes  by 
himself  or  by  magistrates  &  officers  duly  constituted  for  that  purpose 
(as  before  is  sayd)  shall  &  may  have  power  from  time  to  time  to 
make  &  constitute  wholesome  &  convenient  Ordinances  within  the 
Province  aforesaid  &  be  kept  &  observed  as  well  for  the  preserving 
the  peace  as  for  the  better  Government  of  the  people  there  liveing; 
&  to  give  publicke  notice  of  them  to  all  whom  it  doth  or  may  con- 
cerne:  which  Ordinances  we  will  that  they  be  inviolably  observed 
within  the  sayd  Province  under  the  paines  expressed  in  them  soe  as 
the  sayd  Ordinances  be  consonant  to  Reason  &  not  repugnant  nor 
contrary,  but  (as  conveniently  as  may  be  done)  consonant  to  the 
laws,  statutes  &  rights  of  our  Kealme  of  England  as  is  aforesaid  soe 
alsoe  that  the  same  Ordinances  extend  not  themselves  against  the  right 
or  interest  of  any  person  or  persons  or  to  distrayne  bind  or  burden  in 
or  upon  his  freehold  goods  or  chattels :  or  to  be  received  any  where 
there  in  the  same  Province  or  the  Isles  aforesayd. 

Moreover  that  New  Carolana  may  happily  increase  by  the  mul- 
titude of  people  thronging  thither  &  alsoe  that  they  be  firmely 
defended  from  the  incursions  of  the  Barbarous  &  of  others  prac- 
ticall  or  plundering  enemyas.  Therefore  we  for  ourselves  our  Heires 
&  Successors  at  the  will  &  pleasure  of  the  sayd  S"  Robert  Heath  his 
heires  and  assignes,  doe  give  &  grant  by  these  presents  to  all  men  & 
our  subjects,  leiges  of  our  heires  and  successors  both  those  in  present 
&  to  come   (unless  it  shall  be  in  an  especiall  manner  forbidden) 

f)Ower,  licence  &  libertye  to  build  &  fortifye  themselves  &  their  fami- 
ves  in  the  sayd  Province  of  Carolana  for  the  publicke  safety  of 
tlieir  seats  there  planted,  tilled  &  inhabited  with  forts  castles  &  other 
fortifications,  with  fitting  shipes  alsoe  &  convenient  furniture  for 
transportation  the  statute  of  fugitives  or  any  other  whatsoever  con- 
trary to  these  premises  in  any  wise  notwithstanding.  We  will  alsoe 
&  for  Us  our  Heires  &  successors  out  of  our  great  favour  we  firmely 
comand  constitute  ordaine  &  require  that  the  said  Province  be  in 
our  Allegiance  &  that  all  &  every  our  subjects  &  leiges  &  of  our  heires 
&  successors  brought  or  to  l)e  Brought  into  the  said  Province,  their 
children  either  their  already  borne  or  hereafter  to  be  borne  are  &  shall 
be  Naturall  and  leiges  to  us  our  Heires  &  successors  &  in  all  things 
shall  be  held,  treated  reputed  &  accounted  as  faithfull  leiges  of  us, 
our  heires  &  successors  borne  in  our  Kingdom  of  England.  And  alsoe 
that  they  shall  possesse  lands,  tenements,  rents  services  &  Here- 
ditaments whatsoever  with  our  Kingdome  of  England  &  other  our 
Dominions  to  purchase,  receive,  take,  have,  hold,  buy  and  possesse 
&  them  to  use  &  enjoy  &  alsoe  then  to  give  sell  alienate  &  bequeath 
&  alsoe  all  libertyes,  franchises  &  priviledges  of  this  our  Realme,  to 
have  &  possess  freely  quietly  &  peaceably  &  that  they  may  use  & 


Sir  Robert  Heath's  Patent  5  Charles  lst^l629         73 

enjoy  them  as  our  leiges  borne  or  to  be  borne  within  our  Kingdom 
of  England,  without  impediment,  molestation  or  vexation,  claime  or 
grievance  from  us  our  Heires  &  successors  whatsoever;  any  statute, 
act  Ordinance  or  j^rovision  here  upon  to  the  contrary  notwithstand- 
ing: furthermore  that  our  subjects  may  be  incited  with  a  ready  & 
cheerful  mind,  to  undertake  this  expedition  with  the  hope  of  gaine 
&  the  meeknesse  of  priviledges.  Know  that  we  out  of  our  especiall 
favour,  certain  knowledge  &  meere  motion  doe  give  license  &  grant 
free  power,  as  well  to  the  said  S""  Robert  Heath  Knight  his  Heires 
&  assignes  as  to  all  others  who  shall  goe  from  time  to  time  to 
inhabite  in  Carolana  aforesaid,  all  &  singular  their  goods  as  well 
moveable  as  immoveable  wares,  merchandize  alsoe  weapons  &  war- 
licke  instruments  offensive  &  defensive  in  any  ports  of  ours,  our 
Heires  &  successors  to  be  laded  in  shippes,  for  to  be  transported  into 
the  province  of  Corolana,  by  him  or  his,  or  their  assignes  &  this  with- 
out molestation  by  us  our  Heires  &  successors  or  any  officers  of  us 
our  Heires  or  successors,  or  farmers  to  us,  our  Heires  &  successors: 
paying  notwithstanding  to  us,  our  Heires  &  successors  all  &  all  man- 
ner of  impositions,  subsidyes,  customes  &  other  Dues  for  the  sayd 
things  wares  Sc  merchandises  soe  exported  as  are  usuall  &  accustomed, 
any  statute  act  Ordinance  or  other  thing  whatsoever  to  the  contrary 
notwithstanding.  Alwaies  provided  that  before  the  sayd  Goodes, 
things  &  merchandises  are  carried  to  &  loaded  in  the  shippes  that 
licence  for  them  be  desired  &  obtained  from  the  High  Treasurer  of 
the  Kingdome  of  England  to  us,  our  heires  &  successors,  or  the  commis- 
sioners tor  our  Treasurye  or  from  six  or  more  of  the  Privy  Councell, 
of  us  our  Heires  &  successors  inscribed  under  their  hands  To  which 
Treasurer  Commissioners  &  privy  Councell  of  us  our  heirs  &  suc- 
cessors or  to  any  sixe  or  more  of  them ;  we  for  ourselves  our  Heires 
&  successors  have  given  &  granted  as  by  these  presents  we  doe  give 
&  grant  power  to  grant  licence  in  the  form  aforesayd.  And  because 
in  soe  remote  a  Region,  seated  among  so  many  barbarous  nations  it 
is  probable  that  the  incursions  as  well  of  those  Barbarous  as  of 
other  enemyes  Pirates  &  Robbers  may  cause  feare.  Therefore  we  for 
ourselves  our  Heires  &  successors  have  given  to  the  foresayd  S""  Rob- 
ert Heath  Knight  his  heires  &  assignes  by  himself  his  Captains  or 
other  his  officers,  that  all  men  of  whatever  condition,  or  wherever 
borne,  being  at  that  time  in  the  Province  of  Carolana  power  to  call  to 
their  colours,  to  cause  Musters  to  make  warre,  to  pursue  enemyes  & 
Robbers  aforesaid  by  land  &  sea,  even  beyond  the  bounds  of  his 
province,  and  then  (with  Gods  blessing)  to  overcome  &  to  take,  & 
being  taken  by  right  of  warre  to  slay,  or  according  to  his  pleasure 
to  preserve,  &  all  &  every  thing  which  doe  appertaine  to  the  right 
&  office  of  a  Captaine  Generall  or  have  been  used  to  appertaine  to  be 
done  &  by  these  presents  doe  give  full  &  free  power  as  any  Captaine 
Generall  ever  had. 

Will  will  also  &  by  this  our  charter  doe  give  power,  liberty  and 
Authority  to  the  foresayd  S""  Robert  Heath  Knight  his  heires  & 
assignes  that  in  case  of  Rebellion  sudden  tumult  or  sedition,  if  any 
such  shall  chance  to  be  which  (God  forbid)  either  upon  the  land 
within  this  Province   aforesayd,  or  upon  the  wide   Ocean,  either 


74         Sir  Robert  Heath's  Patent  5  Charles  1st— 1629 

makeing  a  journey  towards  Carolana  aforesayd  or  returning  from 
thence,  we  by  these  presents  for  us  our  heires  &  successors  doe  give  & 
grant  power  and  authoritye  most  ample  to  himself  or  by  Captaines 
Deputyes  or  other  their  officers  authorised  to  this  purpose  under  their 
scales,  against  all  authors  of  innovations,  seditions  against  the  Gov- 
ernment of  him  or  them,  withdrawing  themselves  speakers  evill  of 

the  militia,  renegadors,  deserters or  any^  others  whatsoever 

offending  against  the  matter  manner  &  disciphne  military  shall  by 
them  be  punished  by  law  militarye  so<'  freely  and  in  such  ample 
manner  &  forme  as  any  Captaine  Generall  by  the  vertue  of  his  office 
may  or  could  doe. 

if'urthermore  least  the  way  to  Honours  &  Dignityes  may  seem  to  be 
shutt  &  altogether  barr'd  up  to  men  honestly  borne,  &  are  willing  to 
undertake  this  present  expedition  &  are  desirous  in  soe  remote  and 
far  distant  a  Kegion  to  deserve  well  of  us  &  of  our  kingdomes 
in  peace  &  warre  for  that  doe  for  ourselves  our  heires  &  successors 

five  full  &  free  power  to  the  foresayd  S'  Robert  Heath  Knight  his 
eires  &  assignes  to  confere  favours  graces  &  honours  upon  those 
well  deserveing  citizens  that  inhabit  within  the  foresayd  province  & 
the  same  with  whatever  Titles  &  dignityes  (provided  they  be  not 
the  same  as  are  now  used  in  England)  to  adorne  at  his  pleasure  alsoe 
to  erect  villages  into  Borowes  &  BoroAves  into  Cittyes  for  the  meritts 
of  the  inhabitants  and  conveniency  of  the  places  with  priviledges  & 
befitting  immunityes  to  be  erected  &  incorporated,  &  to  doe  all  other 
&  singular  upon  the  premises  which  shall  seem  most  convenient  to  him 
or  them,  although  they  be  such  which  of  their  owne  natures  doe 
require  mandates  or  warrant  more  especiall  then  is  expressed  in 
these  presents.  And  because  the  beginnings  of  Colonys  &  all  pub- 
licke  goods  &  affayres  doe  want  to  labour  under  divers  inconveniences 
&  dimcutyes,  therefore  wee  favoring  the  beginning  of  this  present 
Colonye,  &  that  those  that  are  molested  in  one  thing  may  be  relieved 
in  another  providing  by  our  kingly  care,  out  of  our  espetiall  grace, 
certaine  knowledge  &  moor  motion,  by  this  our  charter  do  give  and 
grant  licence  to  the  foresayd  S""  Robert  Heath  his  heires  &  assignes  & 
to  all  the  Dwellers  &  inhabits  of  Carolana  aforesayd  whatsoever 
both  present  &  to  come:  That  whatsoever  wares  and  merchandises 
out  01  the  ^owth  &  increase  of  the  sayd  Province  by  land  or  sea, 
freely  to  bring  by  himselfe  or  his  factors  or  assignes  into  whatever 

{•ort  of  us,  our  heires  &  successors  of  our  kingdomes  of  England  or 
reland  &  them  to  unlode  and  otherwise  thereof  to  dispose,  or  if  need 
be  continually  to  keep  for  a  whole  yeare  the  sayd  merchandises  from 
being  unloaded,  or  them  againe  into  the  same  or  other  shippes  to 
lode,  &  to  export  them  into  what  Regions  soever  they  please  whither 
ours  or  others  strangers.  Alwayes  provided  that  soe  many  &  such 
customes  impositions  subsidyes  &  Toles  &  other  dutyes  which  they 
are  bound  to  pay  to  us,  our  heires  and  successors  &  onely  such  &  the 
like  as  our  other  subjects  for  the  time  beeing  are  bound  to  pay,  bevond 
what  &  which  by  noe  meanes  we  will  that  the  inhabitants  of  the 
aforesayd  Carolana  be  molested  or  grieved. 

And  furthermore  of  our  more  ample  &  espetial  favour  &  out  of  our 
certaine  knowledge  &  meer  motion  we  for  ourselves  our  heires  &  suc- 
cessors doe  grant  to  the  foresayd  S"  Robert  Heath  King  his  Heires 


Sir  Robert  Heath's  Patent  5  Charles  1st— 16^9         75 

&  Assignes  full  &  absolute  power  and  authority  of  makeing  erecting 
&  constituting  within  the  foresayd  province  of  Carolana  &  the  Isles 
aforesayd  soe  many  or  such  sea-ports  stations  of  shippes  creeks  & 
other  places  of  lodeing  for  shippes  boats  &  other  vessels  &  in  soe  many 
&  in  such  like  places  &  with  such  rights  jurisdictions  libertyes  & 
priviledges  belonging  to  the  like  ports  as  to  him  or  them  shall  seeme 
most  expedient  &  that  all  &  singular  shippes  boates  &  other  vessells 
whatsoever,  for  whatever  cause  of  merchandising  comeing  to  or 
goeing  from  the  sayd  Province  shall  be  loded  &  imloded  only  at  such 
ports  as  shall  be  erected  &  appointed  soe  by  the  sayd  S""  Robert  Heath 
his  Heires  or  assignes  any  use  or  custome  or  any  other  thing  notwith- 
standing. Alwaies  savemg  &  reserveing  to  all  our  subjects  of  our 
Kingdom  of  England  our  Heires  &  successors  liberty  of  fishing  as 
well  in  the  sea  as  in  the  creeks  of  the  foresayd  Province  &  priveledge 
to  salt  harden  &  drye  fishes  upon  the  shores  of  the  said  province ;  as 
it  hath  been  reasonably  used  &  enjoyed  heretofore  anything  in  these 
presents  to  the  contrary  notwithstanding.  All  which  libertyes  & 
priveledges  the  subjects  of  us  our  heires  &  successors  as  is  afores^ 
shall  enjoy  yer  without  doeing  any  notable  hurt  or  injury  in  any  way 
to  the  afores*^  S""  Robert  Heath  his  heires  &  assignes  or  to  the  Dwellers 
or  inhabitants  on  the  ports,  creeks  &  shores  aforesayd  of  the  same 
Province;  &  more  especiall  in  their  Trees  there  growing;  And  if  any 
one  committe  any  such  harme  or  injury  he  shall  undergoe  the  peril 
&  danger  of  the  highest  displeasure  of  us  our  heires  &  successors  & 
the  due  chastisem  of  the  Law.  And  if  by  chance  hereafter  some 
doubts  &  questions  may  be  framed  about  the  true  sence  &  meaning  of 
anv  word  clause  or  sentence  contain'd  in  this  our  present  charter  we 
will,  enjoyne  &  comand  that  alwaies  &  in  all  things  that  interpreta- 
tion be  used  &  shall  be  received  in  all  our  Courtes  which  shall  be 
judged  more  benigne  profitable  &  favourable  to  the  foresayd  S*" 
Robert  Heath  Knight  his  Heires  &  assignes  &  to  the  Dwellers  &  in- 
habitants of  the  foresayd  Province,  provided  alwaies  that  noe  in- 
terpretation be  made  by  which  the  religion  of  the  holy  God  &  true 
christian,  or  the  Allegiance  due  to  us  our  heires  &  successors  may 
suffer  in  the  least  any  lessening  prejudice  or  losse.  Neverthelesse  we 
will  &  our  trust  in  the  aforesayd  S""  Robert  Heath  Knight  his  heires 
&  assises  is  &  the  aforesaid  S""  Robert  Heath  Knight  for  himselfe, 
his  heires  executors  &  assignes  doth  agree  &  grant  to  &  with  us  our 
heires  &  successors  that  the  sayd  S""  Robert  Heath  Knight  his  heires 
&  assignes  in  the  Province  &  foresayd  Isles  to  be  planted  &  inhabited 
shall  soe  behave  themselves  in  all  things  as  we  by  our  instructions 
and  directions  signed  with  our  Royall  hand  as  aforesaid  most  es- 
petially  to  instruct  &  direct  them,  shall  thinke  most  convenient  and 
necessary  for  our  honour  &  service. 

Neverthelesse  alwaies  provided  that  it  shall  happen  the  River  or 
Rivelett  or  Isles  aforesayd  or  other  the  premises  or  any  part  or  par- 
cell  of  the  same  to  be  now  granted  to  any  person  or  persons  by  us  or 
by  our  deare  father  King  James,  or  is  now  actually  possessed  or  in- 
habited by  any  of  our  subjects  or  by  the  subjects  of  any  other  Chris- 
tian Prince  or  State,  that  then  those  our  letters  patents  &  all  in 
them  conteined,  soe  farre  as  the  conteine  soe  much  of  the  premises 
soe  granted,  and  are  now  so  actually  possessed  &  inhabited  as  is 


76  Sir  Robert  Heath's  Patent  5  Charles  1st— 1629 

aforesayd  shall  be  void  &  of  noe  effect.  These  our  letters  patents 
or  anything  in  them  conteined  to  the  contrary  in  any  wise  notwith- 
standing. And  that  expresse  mention  &c. ;  In  witnesse  whereof  &c: 
Witnesse  the  King  at  Westminster  the  thirtyeth  day  of  Oct:  &  y"* 
de  privato  sigillo  And  we  have  thought  fit  by  these  presents  to 
exemplifye  the  Tenour  and  inrollmcnt  of  our  loresayd  letters  pat- 
ents, at  the  request  of  the  foresayd  S""  Robert  Heath  Knight. 

In  Testimony  whereof  we  have  caused  these  our  letters  to  be  made 
patents  witnesse  onr  selfe  at  Canbury  the  fourth  day  of  August  in 
the  seventh  year  of  our  Reign. 

i  Jo :  Mychell  ) 
Exam :  by  us  ■(  et  >■  clerckes. 

(  Rob  :  Rich        ) 


THE  ARTICLES  OF  CONFEDERATION  OF  THE  UNITED 
COLONIES  OF  NEW  ENGLAND -1643-1684* 

The  Articles  of  Confederation  between  the  Plantations  under  the 
Government  of  the  Massachusetts,  the  Plantations  under  the  Gov- 
ernment of  New  Plymouth,  the  Plantations  under  the  Government 
of  Connecticut,  and  the  Government  of  New  Haven  with  the  Plan- 
tations in  Combination  therewith : 

Whereas  we  all  came  into  these  parts  of  America  with  one  and  the 
same  end  and  aim,  namely,  to  advance  the  Kingdom  of  our  Lord 
Jesus  Christ  and  to  enjoy  the  liberties  of  the  Gospel  in  purity  with 
peace;  and  whereas  in  our  settling  (by  a  wise  providence  of  God) 
we  are  further  dispersed  upon  the  sea  coasts  and  rivers  than  was  at 
first  intended,  so  that  we  can  not  according  to  our  desire  with  con- 
venience communicate  in  one  government  and  jurisdiction;  and 
whereas  we  live  encompassed  with  people  of  several  nations  and 
strange  languages  which  hereafter  may  prove  injurious  to  us  or  our 
posterity.  And  forasmuch  as  the  natives  have  formerly  committed 
sundry  insolence  and  outrages  upon  several  Plantations  of  the  Eng- 
lish and  have  of  late  combined  themselves  against  us :  and  seeing  by 
reason  of  those  sad  distractions  in  England  which  they  have  heard 
of,  and  by  which  they  know  we  are  hindered  from  that  humble  way  of 
seeking  advice,  or  reaping  those  comfortable  fruits  of  protection, 
which  at  other  times  we  might  well  expect.  We  therefore  do  conceive 
it  our  bounden  duty,  without  delay  to  enter  into  a  present  Consocia- 
tion amongst  ourselves,  for  mutual  help  and  strength  in  all  our  future 
concernments:  That,  as  in  nation  and  religion,  so  in  other  respects, 
we  be  and  continue  one  according  to  the  tenor  and  true  meaning 
of  the  ensuing  articles:  Wherefore  it  is  fully  agreed  and  concluded 
by  and  between  the  parties  or  Jurisdictions  above  named,  and  they 
jointly  and  severally  do  by  these  presents  agree  and  conclude  that 
they  all  be  and  henceforth  be  called  by  the  name  of  the  United  Colo- 
nies of  New  England. 

2.  The  said  United  Colonies  for  themselves  and  their  posterities 
do  jointly  and  severally  hereby  enter  into  a  firm  and  perpetual 
league  of  friendship  and  amity  for  offence  and  defence,  mutual  ad- 
vice and  succor  upon  all  just  occasions  both  for  preserving  and 
propagating  the  truth  and  liberties  of  the  Gospel  and  for  their  own 
mutual  safety  and  welfare. 

3.  It  is  further  agreed  that  the  Plantations  which  at  present  are 
or  hereafter  shall  be  settled  within  the  limits  of  the  Massachusetts 
shall  be  forever  under  the  Massachusetts  and  shall  have  peculiar 

*  Plymouth  Colony  Records,  IX,  X ;  Bradford's,  New  Plymouth  Plantation. 
7261— VOL  1—07 8  77 


78         The  Articles  of  Confederation,  etc.— 164.3-1684 

jurisdiction  among  themselves  in  all  cases  as  an  entire  body,  and  that 
Plymouth,  Connecticut,  and  New  Haven  shall  each  of  them  have  like 
peculiar  jurisdiction  and  government  within  their  limits;  and  in 
reference  to  the  Plantations  which  already  are  settled,  or  shall  here- 
after be  erected,  or  shall  settle  within  their  limits  respectively;  pro- 
vided no  other  Jurisdiction  shall  hereafter  be  taken  in  as  a  distinct 
head  or  member  of  this  Confederation,  nor  shall  any  other  Planta- 
tion or  Jurisdiction  in  present  being,  and  not  already  in  combina- 
tion or  under  the  jurisdiction  of  any  of  these  Confederates,  be  re- 
ceived by  any  of  them;  nor  shall  any  two  of  the  Confederates  join 
in  one  Jurisdiction  without  consent  of  the  rest,  which  consent  to  be 
interpreted  as  is  expressed  in  the  sixth  article  ensuing. 

4.  It  is  by  these  Confederates  agreed  that  the  charge  of  all  just 
wars,  whether  offensive  or  defensive,  upon  what  part  or  member  of 
this  Confederation  soever  they  fall,  shall  both  in  men,  provisions, 
and  all  other  disbursements  be  borne  by  all  the  parts  of  this  Con- 
federation in  different  proportions  according  to  their  different  ability 
in  manner  following,  namely,  that  the  Commissioners  for  each  Juris- 
diction from  time  to  time,  as  there  shall  be  occasion,  bring  a  true 
account  and  number  of  all  their  males  in  every  Plantation,  or  any 
way  belonging  to  or  under  their  several  Jurisdictions,  of  what 
quality  or  condition  soever  they  be,  from  sixteen  years  old  to  three- 
score, being  inhabitants  there.  And  that  according  to  the  different 
numbers  which  from  time  to  time  shall  be  found  in  each  Jurisdiction 
upon  a  true  and  just  account,  the  service  of  men  and  all  charges  of 
the  war  be  borne  by  the  poll :  each  Jurisdiction  or  Plantation  being 
left  to  their  own  just  course  and  custom  of  rating  themselves  and 
people  according  to  their  different  estates  with  due  respects  to  their 
q^ualities  and  exemptions  amongst  themselves  though  the  Confedera- 
tion take  no  notice  of  any  such  privilege :  and  that  according  to  their 
different  charge  of  each  Jurisdiction  and  Plantation  the  whole  ad- 
vantage of  the  war  (if  it  please  God  so  to  bless  their  endeavors) 
whether  it  be  in  lands,  goods,  or  persons,  shall  be  proportionably 
divided  among  the  said  Confederates. 

5.  It  is  further  agreed,  that  if  any  of  these  Jurisdictions  or  any 
Plantation  under  or  in  combination  with  them,  be  invaded  by  any 
enemy  whomsoever,  upon  notice  and  request  of  any  three  magistrates 
of  that  Jurisdiction  so  invaded,  the  rest  of  the  Confederates  without 
any  further  meeting  or  expostulation  shall  forthwith  send  aid  to 
the  Confederate  in  danger  but  in  different  proportions;  namely,  the 
Massachusetts  an  hundred  men  suflSciently  armed  and  provided  for 
such  a  service  and  journey,  and  each  of  the  rest,  forty-five  so  armed 
and  provided,  or  any  less  number,  if  less  be  required  according  to 
this  proportion.  But  if  such  Confederate  in  danger  may  be  supplied 
by  their  next  Confederates,  not  exceeding  the  number  hereby  agreed, 
they  may  crave  help  there,  and  seek  no  further  for  the  present:  the 
charge  to  be  borne  as  in  this  article  is  expressed :  and  at  the  return 
to  be  victualled  and  supplied  with  powder  and  shot  for  their  journey 
(if  there  be  need)  by  that  Jurisdiction  which  employed  or  sent  for 
them;  but  none  of  the  Jurisdictions  to  exceed  these  numbers  until 
by  a  meeting  of  the  Commissioners  for  this  Confederation  a  greater 
aid  appear  necessary.  And  this  proportion  to  continue  till  upon 
knowledge  of  greater  numbers  in  each  Jurisdictiou  which  shall  be 


The  Articles  of  Confederation,  etc.— 1643-1684       79 

brought  to  the  next  meeting,  some  other  proportion  be  ordered.  But 
in  any  such  case  of  sending  men  for  present  aid,  whether  before  or 
after  such  order  or  alteration,  it  is  agreed  that  at  the  meeting  of  the 
Commissioners  for  this  Confederation,  the  cause  of  such  war  or  inva- 
sion be  duly  considered:  and  if  it  appear  that  the  fault  lay  in  the 
parties  so  invaded  then  that  Jurisdiction  or  Plantation  make  just 
satisfaction,  both  to  the  invaders  whom  they  have  injured,  and  bear 
all  the  charges  of  the  war  themselves,  without  requiring  any  allow- 
ance from  the  rest  of  the  Confederates  towards  the  same.  And  fur- 
ther that  if  any  Jurisdiction  see  any  danger  of  invasion  approaching, 
and  there  be  time  for  a  meeting,  that  in  such  a  case  three  magistrates 
of  the  Jurisdiction  may  summon  a  meeting  at  such  convenient  place 
as  themselves  shall  think  meet,  to  consider  and  provide  against  the 
threatened  danger;  provided  when  they  are  met  they  may  remove 
to  what  place  they  please ;  only  whilst  any  of  these  four  Confederates 
have  but  three  magistrates  in  their  Jurisdiction,  their  requests,  or 
summons,  from  any  two  of  them  shall  be  accounted  of  equal  force 
with  the  three  mentioned  in  both  the  clauses  of  this  article,  till  there 
be  an  increase  of  magistrates  there. 

6.  It  is  also  agreed,  that  for  the  managing  and  concluding  of  all 
affairs  proper,  and  concerning  the  whole  Confederation  two  Commis- 
sioners shall  be  chosen  by  and  out  of  each  of  these  four  Jurisdic- 
tions :  namely,  two  for  the  Massachusetts,  two  for  Plymouth,  two  for 
Connecticut,  and  two  for  New  Haven,  being  all  in  Church- fellowship 
with  us,  which  shall  bring  full  power  from  their  several  General 
Courts  respectively  to  hear,  examine,  weigh,  and  determine  all  af- 
fairs of  our  war,  or  peace,  leagues,  aids,  charges,  and  numbers  of  men 
for  war,  division  of  spoils  and  whatsoever  is  gotten  by  conquest,  re- 
ceiving of  more  Confederates  for  Plantations  into  combination  with 
any  or  the  Confederates,  and  all  things  of  like  nature,  which  are  the 
proper  concomitants  or  consequents  of  such  a  Confederation  for 
amity,  offence,  and  defence :  not  intermeddling  with  the  government 
of  any  of  the  Jurisdictions,  which  by  the  third  article  is  preserved 
entirely  to  themselves.  But  if  these  eight  Commissioners  when  they 
meet  shall  not  all  agree  yet  it  [is]  concluded  that  any  six  of  the  eight 
agreeing  shall  have  power  to  settle  and  determine  the  business  in 
question.  But  if  six  do  not  agree,  that  then  such  propositions  with 
(heir  reasons  so  far  as  they  have  been  debated,  be  sent  and  referred  to 
the  four  General  Courts ;  namely,  the  Massachusetts,  Plymouth,  Con- 
necticut, and  New  Haven;  and  if  at  all  the  said  General  Courts  the 
business  so  referred  be  concluded,  then  to  be  prosecuted  by  the  Con- 
federates and  all  their  members.  It  is  further  agreed  that  these  eight 
Commissioners  shall  meet  once  every  year  besides  extraordinary  meet- 
ings (according  to  the  fifth  article)  to  consider,  treat,  and  conclude  of 
all  affairs  belonging  to  this  Confederation,  which  meeting  shall  ever 
be  the  first  Thursday  in  September.  And  that  the  next  meeting  after 
the  date  of  these  presents,  which  shall  be  accounted  the  second  meet- 
ing, shall  be  at  Boston  in  the  Massachusetts,  the  third  at  Hartford, 
the  fourth  at  New  Haven,  the  fifth  at  Plymouth,  the  sixth  and  seventh 
at  Boston;  and  then  Hartford,  New  Haven,  and  Plymouth,  and  so 
in  course  successively,  if  in  the  meantime  some  middle  place  be  not 
found  out  and  agreed  on,  which  may  be  commodious  for  all  the 
Jurisdictions. 


80         The  Articles  of  Confederation,  etc. — 1643-1684 

7.  It  is  further  agreed  that  at  each  meeting  of  these  eight  Commis- 
sioners, whether  ordinary  or  extraordinary,  they  or  six  of  them 
agreeing  as  before,  may  choose  their  President  out  of  themselves 
whose  office  and  work  shall  be  to  take  care  and  direct  for  order  and  a 
comely  carrying  on  of  all  proceedings  in  the  present  meeting:  but 
he  shall  be  invested  with  no  such  power  or  respect,  as  by  which  he 
shall  hinder  the  propounding  or  progress  of  any  business,  or  any  way 
cast  the  scales  otherwise  than  in  the  precedent  article  is  agreed. 

8.  It  is  also  agreed  that  the  Commissioners  for  this  Confederation 
liereafter  at  their  meetings,  whether  ordinary  or  extraordinary,  as 
they  may  have  commission  or  opportunity,  do  endeavor  to  frame  and 
establish  agreements  and  orders  in  general  cases  of  a  civil  nature, 
wherein  all  the  Plantations  are  interested,  for  preserving  of  peace 
among  themselves,  for  preventing  as  much  as  may  be  all  occasion  of 
war  or  differences  with  others,  as  about  the  free  and  speedy  passage 
of  justice  in  every  Jurisdiction,  to  all  the  Confederates  equally  as  to 
their  own,  receiving  those  that  remove  from  one  Plantation  to  an- 
other without  due  certificate,  how  all  the  Jurisdictions  may  carry  it 
towards  the  Indians,  that  they  neither  grow  insolent  nor  be  injured 
without  due  satisfaction,  lest  war  break  in  upon  the  Confederates 
through  such  miscarriages.  It  is  also  agreed  that  if  any  servant  run 
away  from  his  master  into  any  other  or  these  confederated  Jurisdic- 
tions, that  in  such  case,  upon  the  ceritficate  of  one  magistrate  in  the 
Jurisdiction  out  of  which  the  said  servant  fled,  or  upon  other  due 
proof;  the  said  servant  shall  be  delivered,  either  to  his  master,  or  any 
other  that  pursues  and  brings  such  certificate  or  proof.  And  that 
u])on  the  escape  of  any  prisoner  whatsoever,  or  fugitive  for  any  crimi- 
nal cause,  whether  breaking  prison,  or  getting  from  the  officer,  or 
otherwise  escaping,  upon  the  certificate  of  two  magistrates  of  the 
Jurisdiction  out  of  which  the  escape  is  made,  that  he  was  a  prisoner, 
or  such  an  offender  at  the  time  of  the  escape,  the  magistrates,  or  some 
of  them  of  that  Jurisdiction  where  for  the  present  the  said  prisoner 
or  fugitive  abideth,  shall  forthwith  grant  such  a  warrant  as  the  case 
will  lx»ar,  for  the  apprehending  of  any  such  person,  and  ^he  delivery 
of  him  into  the  hands  of  the  officer  or  other  person  who  pursues  him. 
And  if  there  be  help  required,  for  the  safe  returning  of  any  such 
offender,  then  it  shall  be  granted  to  him  that  craves  the  same,  he  pay- 
ing the  charges  thereof. 

9.  And  for  that  the  justest  wars  may  be  of  dangerous  consequence, 
especially  to  the  smaller  Plantations  in  these  United  Colonies,  it  is 
agreed  that  neither  the  Massachusetts,  Plymouth,  Connecticut,  nor 
New  Haven,  nor  any  of  the  members  of  them,  shall  at  any  time  here- 
after begin,  undertake,  or  engage  themselves,  or  this  Confederation, 
or  any  part  thereof  in  any  war  whatsoever  (sudden  exigencies,  with 
the  necessary  consequents  thereof  excepted),  which  are  also  to  be 
moderated  as  much  as  the  case  will  permit,  without  the  consent  and 
agreement  of  the  forementioned  eight  Commissioners,  or  at  least  six 
of  them,  as  in  the  sixth  article  is  provided :  and  that  no  charge  be 
required  of  any  of  the  Confederates,  in  case  of  a  defensive  war,  till 
the  said  Commissioners  have  met,  and  approved  the  justice  of  the 
war,  and  have  agreed  upon  the  sum  of  money  to  he  levied,  which  sum 
is  then  to  l>e  paid  bv  the  several  Confederates  in  proportion  according 
to  the  fourth  article. 


The  Articles  of  Confederation,  etc. — 1643-1684        81 

10.  That  in  extraordinary  occasions,  when  meetings  are  summoned 
bv  three  magistrates  of  any  Jurisdiction,  or  two  as  in  the  fifth  article, 
it  any  of  the  Commissioners  come  not,  due  warning  being  given  or 
sent,  it  is  agreed  that  four  of  the  Commissioners  shall  have  power  to 
direct  a  war  which  cannot  be  delayed,  and  to  send  for  due  proportions 
of  men  out  of  each  Jurisdiction,  as  well  as  six  might  do  if  all  met ;  but 
not  less  than  six  shall  determine  the  iustice  of  the  war,  or  allow  the 
demands  or  bills  of  charges,  or  cause  any  levies  to  be  made  for  the 
same. 

11.  It  is  further  agreed  that  if  any  of  the  Confederates  shall  here- 
after break  any  of  these  present  articles,  or  be  any  other  ways  inju- 
rious to  any  one  of  the  other  Jurisdictions ;  such  breach  of  agreement 
or  injury  shall  be  duly  considered  and  ordered  by  the  Commissioners 
for  the  other  Jurisdictions,  that  both  peace  and  this  present  Confed- 
eration may  be  entirely  preserved  without  violation. 

12.  Lastly,  this  perpetual  Confederation,  and  the  several  articles 
and  agreements  thereof  being  read  and  seriously  considered,  both  by 
the  General  Court  for  the  Massachusetts,  and  by  the  Commissioners 
for  Plymouth,  Connecticut,  and  New  Haven,  were  fully  allowed  and 
confirmed  by  three  of  the  forenamed  Confederates,  namely,  the 
Massachusetts,  Connecticut,  and  New  Haven;  only  the  Commis- 
sioners for  Plymouth  having  no  commission  to  conclude,  desired  res- 
pite until  they  might  advise  with  their  General  Court ;  whereupon  it 
was  agreed  and  concluded  by  the  said  Court  of  the  Massachusetts, 
and  the  Commissioners  for  the  other  two  Confederates,  that,  if  Plym- 
outh consent,  then  the  whole  treaty  as  it  stands  in  these  present 
articles  is,  and  shall  continue,  firm  and  stable  without  alteration :  but 
if  Plymouth  come  not  in  yet  the  other  three  Confederates  do  by  these 
presents  confirm  the  whole  Confederation,  and  all  the  articles  thereof; 
only  in  September  next  when  the  second  meeting  of  the  Commis- 
sioners is  to  be  at  Boston,  new  consideration  may  be  taken  of  the  sixth 
article,  which  concerns  number  of  Commissioners  for  meeting  and 
concluding  the  aflFairs  of  this  Confederation  to  the  satisfaction  of  the 
Court  of  the  Massachusetts,  and  the  Commissioners  for  the  other 
two  Confederates,  but  the  rest  to  stand  unquestioned. 

In  testimony  whereof,  the  General  Court  of  the  Massachusetts  by 
their  Secretary,  and  the  Commissioners  for  Connecticut  and  New 
Haven,  have  subscribed  these  present  articles  of  this  nineteenth  of 
the  third  month,  commonly  called  May,  Anno  Domini  1643. 

At  a  meeting  of  the  Commissioners  for  the  Confederation  held  at 
Boston  the  7th  of  September,  it  appearing  that  the  General  Court  of 
New  Plymouth  and  the  several  townships  thereof  have  read,  con- 
sidered, and  approved  these  Articles  of  Confederation,  as  appeareth 
by  commission  of  their  General  Court  bearing  date  the  29th  of 
August,  1643,  to  Mr.  Edward  Winslow  and  Mr.  William  Collier  to 
ratify  and  confirm  the  same  on  their  behalf :  we  therefore,  the  Com- 
missioners for  the  Massachusetts,  Connecticut,  and  New  Haven,  do 
also  from  our  several  Governments  subscribe  unto  them. 


THE  ALBANY  PLAN-1T54« 

PLAN  or  TJNION  ADOPTED  BY  THE  CONVENTION  AT  ALBAITT 

It  is  proposed,  that  humble  application  be  made  for  an  act  of 
Parliament  of  Great  Britain,  by  virtue  of  which  one  general  govern- 
ment may  be  formed  in  America,  including  all  the  said  colonies, 
within  and  under  which  government  each  colony  may  retain  its 
present  constitution,  except  in  the  particulars  wherein  a  change  may 
be  directed  by  the  said  act,  as  hereafter  follows. 

PRESIDENT-GENERAL   AND   GRAND   COUNCIL 

That  the  said  general  government  be  administered  by  a  President- 
General,  to  be  appointed  and  supported  by  the  crown ;  and  a  Grand 
Council,  to  be  chosen  by  the  representatives  of  the  people  of  the  sev- 
eral colonies  met  in  their  respective  Assemblies. 

ELECTION   or   MEMBERS 

That  within  months  after  the  passing  of  such  act,  the 

House  of  Representatives  that  happens  to  be  sitting  within  that  time, 
or  that  shall  be  especially  for  that  purpose  convened,  may  and  shall 
choose  members  for  the  Grand  Council  in  the  following  proportion — 
that  is  to  say : 

Massachusetts  B^y  7  Pennsylvania       6 

New  Hampshire  2  Maryland  4 

Connecticut  5  Virginia  7 

Rhode  Island  2  North  Carolina    4 

New  York  4  South  Carolina    4 

New  Jersey  3  

48 

PLACE   OF   FIRST   MEETING 

who  shall  meet  for  the  first  time  at  the  city  of  Philadelphia 


in  Pennsylvania,  being  called  by  the  President-General  as  soon  as 
conveniently  may  be  after  his  appointment. 

NEW   ELECTION 

That  there  shall  be  a  new  election  of  the  members  of  the  Grand 
Council  every  three  years;  and  on  the  death  or  resignation  of  any 
member,  his  place  should  be  supplied  by  a  new  choice  at  the  next 
sitting  of  the  Assembly  of  the  colony  he  represented. 

«  Sparks,  Works  of  Benjamin  Franklin,  III,  36. 

83 


84  The  Albany  Plan— 1764 

PROPORTION  OP  MEMBERS  AFTER  THE  FIRST  THREE  YEARS 

That  after  the  first  three  years,  when  the  proportion  of  ironey 
arising  out  of  each  colony  to  the  general  treasury  can  be  knov  n,  the 
number  of  members  to  be  chosen  for  each  colony  shall  from  time  to 
time,  in  all  ensuing  elections,  be  regulated  by  that  proportion,  yet 
so  as  that  the  num&er  to  be  chosen  by  any  one  province  be  not  more 
than  seven,  nor  less  than  two. 

MEETINGS  OF   THE   GRAND   COUNCIL,   AND   CALL 

That  the  Grand  Council  shall  meet  oncf  in  every  year,  and  oftener 
if  occasion  inquire,  at  such  time  and  pine  as  they  shall  adjourn  to 
at  the  last  preceding  meeting,  or  as  they  shall  be  called  to  meet 
by  the  President-General  on  any  emergency,  he  having  first  obtained 
in  writing  the  consent  of  seven  of  the  members  to  such  call,  and  sent 
due  and  timely  notice  to  the  whole. 

CONTINUANCE 

That  the  Grand  Council  have  power  to  choose  their  speaker  and 
shall  neither  be  dissolved,  prorogued,  nor  continued  sitting  longer 
than  six  weeks  at  one  time,  without  their  own  consent  or  the  special 
command  of  the  crown. 

•  members'   ALLOWANCE 

That  the  members  of  the  Grand  Council  shall  be  allowed  for  their 
service  ten  shillings  sterling  per  diem  during  their  session  and  jour- 
ney to  and  from  the  place  of  meeting ;  twenty  miles  to  be  reckoned  a 
day's  journey. 

ASSENT    OF    PRESIDENT-GENERAL    AND    HIS    DUTY 

That  the  assent  of  the  President-General  be  requisite  to  all  acts  of 
the  Grand  Council,  and  that  it  be  his  oflSce  and  duty  to  cause  them  to 
be  carried  into  execution. 

POWER   OF   PRESIDENT-GENERAL    AND    GRAND    COUNCIL;    TREATIES    OF 

PEACE  AND  WAR 

That  the  President-General,  with  the  advice  of  the  Grand  Coun- 
cil, hold  or  direct  all  Indian  treaties  in  which  the  general  interest  of 
the  colonies  may  be  concerned ;  and  make  peace  or  declare  war  with 
Indian  nations. 

INDIAN    TRADE 

That  they  make  such  laws  as  they  judge  necessary  for  regulating  all 
Indian  trade. 

INDIAN    PURCHASES 

That  they  make  all  purchases,  from  Indians  for  the  crown,  of  lands 
not  now  within  the  bounds  of  particular  colonies,  or  that  shall  not  be 
within  their  bounds  when  some  of  them  are  reduced  to  more  con- 
venient dimensions. 


The  Albany  Plan— 1764  85 

:mvr  settlements 

That  they  mike  nevv  settlements  on  such  purchases,  by  granting 
lands  in  the  King's  name,  reserving  a  quit-rent  to  the  crown  for  the 
use  of  the  genei  al  treasury. 

LAWS   TO   GOVERN   THEM 

That  they  make  laws  for  regulating  and  governing  such  new  set- 
tlements till  the  crown  shall  think  it  fit  to  form  them  into  particular 
governments. 

RAISE    SOLDIERS   AND   EQUIP   VESSELS,    &C 

That  they  raise  and  pay  soldiers  and  build  forts  for  the  defence  of 
any  of  the  colonies,  and  equip  vessels  of  force  to  guard  the  coasts  and 
protect  the  trade  on  the  ocean,  lakes,  or  great  rivers ;  but  they  shall 
not  impress  men  in  any  colony  without  the  consent  of  the  legislature. 

POWER  TO  MAKE  LAWS,  LAY  DUTIES,  &C 

That  for  these  purposes  they  have  power  to  make  laws,  and  lay  and 
levy  such  general  duties,  imposts,  or  taxes  as  to  them  shall  appear 
most  equal  and  just  (considering  the  ability  and  other  circumstances 
of  the  inhabitants  in  the  several  colonies),  and  such  as  may  be  col- 
lected with  the  least  inconvenience  to  the  people ;  rather  discouraging 
luxurv  than  loading  industry  with  unnecessary  burthens. 

GENERAL  TREASURER  AND  PARTICULAR  TREASURER 

That  they  may  appoint  a  General  Treasurer  and  Particular  Treas- 
urer in  each  government,  when  necessary ;  and  from  time  to  time  may 
order  the  sums  in  the  treasuries  of  each  government  into  the  general 
treasury,  or  draw  on  them  for  special  payments,  as  they  find  most 
convenient. 

MONEY,  now  TO  ISSUE 

Yet  no  money  to  issue  but  by  joint  orders  of  the  President-General 
and  Grand  Council;  except  where  sums  have  been  appropriated  to 
particular  purposes,  and  the  President-General  is  previously  em- 
powered by  an  act  to  draw  such  sums. 

ACCOUNTS 

That  the  general  accounts  shall  be  yearly  settled  and  reported  to 
the  several  Assemblies. 

QUORUM 

That  a  Quorum  of  the  Grand  Council,  empowered  to  act  with  the 
President-General,  do  consist  of  twenty-five  members,  among  whom 
there  shall  be  one  or  more  from  a  majority  of  the  colonies. 


86  The  Albany  Plan— 1754 

LAWS  TO  BE  TRANSMITTED 

That  the  laws  made  by  them  for  the  purposes  aforesaid  shall  not  be 
repugnant,  but,  as  near  as  may  be,  agreeable  to  the  laws  of  England, 
and  shall  be  transmitted  to  the  King  in  Council  for  approbation  as 
soon  as  may  be  after  their  passing;  and  if  not  disapproved  within 
three  years  after  presentation,  to  remain  in  force. 

DEATH  OF  THE  PRESIDENT-GENERAL 

That  in  ease  of  the  death  of  the  President-General,  the  Speaker  of 
the  Grand  Council  for  the  time  being  shall  succeed,  and  oe  vested 
with  the  same  powers  and  authorities,  to  continue  till  the  King's 
pleasure  be  known. 

OFFICERS,  HOW  APPOINTED 

That  all  military  commission  officers,  whether  for  land  or  sea 
service,  to  act  under  this  general  constitution,  shall  be  nominated  b^ 
the  President-General ;  but  the  approbation  of  the  Grand  Council  is 
to  be  obtained  before  they  receive  their  commissions.  And  all  civil 
officers  are  to  be  nominated  by  the  Grand  Council,  and  to  receive  the 
President-General's  approbation  before  they  officiate. 

VACANCIES,  now  SUPPLIED 

But  in  case  of  vacancy  by  death  or  removal  of  any  officer,  civil  or 
military,  under  this  constitution,  the  Governor  of  the  province  in 
which  such  vacancy  happens  may  appoint,  till  the  pleasure  of  the 
President-General  and  Grand  Council  can  be  known. 

Each  Colony  May  Defend  Itself  On  Emergency,  &c.  That  the  par- 
ticular military  as  well  as  civil  establishments  in  each  colony  remain 
in  their  present  state,  the  general  constitution  notwithstanding;  and 
that  on  sudden  emergencies  any  colony  may  defend  itself,  and  lay  the 
accounts  of  expense  thence  arising  before  the  President-General  and 
General  Council,  who  may  allow  and  order  payment  of  the  same,  as 
far  as  they  judge  such  accounts  just  and  reasonable. 


Organic  Laws 

State,  Territorial,  and  Colonial 


87 


r  ALABAMA'^ 

For  organic  acts  Issued  before  1817  relating  to  the  land  now  included  within 
the  limits  of  Alabama,  see  in  this  worlv : 

Proprietary  Charter  of  Carolina,  lt563  (North  Carolina,  p.  2743). 
Proprietary  Proposals.  1663  (North  Carolina,  p.  2753). 
Proprietary  Charter  of  Carolina,  1665  (North  Carolina,  p.  2761). 
Fundamental  Constitutions  of  Carolina,  1669  (North  Carolina,  p.  2772). 
Proprietary  Charter  of  Georgia,  1732  (Georgia,  p.  765). 
Constitution  of  South  Carolina,  1776  (South  Carolina,  p.  3241). 
Constitution  of  Georgia,  1777  (Georgia,  p.  777). 
Constitution  of  South  Carolina,  1778  (South  Carolina,  p.  3248). 
Constitution  of  Georgia.  1789  (Georgia,  p.  785). 
Territory  South  of  Ohio  RivQi-,  1790  (Tennessee,  p.  3413). 
Territorial  Government  of  Mississippi.  1798  (Mississippi,  p.  2025). 
Territorial  Government  of  Mississippi,  1800  (Mississippi,  p.  2027). 
Territorial  Government  of  Mississippi,  1808  (Mississippi,  p.  2029). 
Proclamation   respecting   Occupation   of  Territory,    1810    (Louisiana,   p. 
1375). 

TERRITORIAL  GOVERNMENT  OF  ALABAMA— 1817 » 

[Fourteenth  Congress,  Second  Session] 

An  Act  to  establish  a  separate  Territorial  Government  for  the  eastern  part  of 
the  Mississippi  Territory 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  all  that  part 
of  the  Mississippi  Territory  which  lies  within  the  following  bound- 
aries, to  wit:  Beginning  at  the  point  where  the  line  of  the  thirty- 
first  degree  of  north  latitude  intersects  the  Perdido  River,  thence 
east  to  the  western  boundary-line  of  the  State  of  Georgia,  thence 
along  said  line  to  the  southern  boundary-line  to  the  State  of  Tennes- 
see, thence  west  along  said  boundary-line  to  the  Tennessee  River, 
thence  up  the  same  to  the  mouth  of  Bear  Creek,  thence  by  a  direct 
line  to  the  northwest  corner  of  Washington   County,   thence  due 

«The  area  of  the  State  of  Alabama  was  ceded  to  the  United  States  by  the 
States  of  Georgia  and  South  Carolina,  and  by  Spain.  A  strip  of  land  twelve 
miles  wide,  across  the  northern  part  of  the  State,  and  adjoining  the  southern 
boundary  of  the  State  of  Tennessee,  ceded  by  the  State  of  South  Carolina,  was 
a  portion  of  the  Territory  South  of  the  river  Ohio,  afterward  transferred  to  the 
Mississippi  Territory.  Tlie  larger  portion  of  the  State,  ceded  by  the  State  of 
Georgia,  was  a  portion  of  the  Mississippi  Territorj'.  The  southwestern  corner 
of  the  State,  between  the  Perdido  River  and  the  State  of  Mississippi,  and 
between  the  thirty-first  parallel  and  the  Gulf  of  Mexico,  ceded  by  Spain,  became 
a  portion  of  the  Mississippi  Territory. 

6  For  other  statutes  of  an  organic  nature  relating  to  Alabama  subsequent 
to  1817,  see  the  act  to  determine  qualifications  of  officeholders,  act  of  April  9, 
1818 ;  to  define  jurisdiction  of  courts  and  require  officers  to  take  oath,  April  20, 
1818. 

89 


90  Alabama— 1817 

south  to  the  Gulf  of  Mexico,  thence  eastwardly,  including  all  the 
islands  within  six  leagues  of  the  shore,  to  tlie  Perdido  Kiver,  and 
thence  up  the  same  to  the  beginning;  sliall,  for  the  purpose  of  a  tem- 
porarj'^  government,  constitute  a  separate  Territory,  and  be  called 
"Alabama." 

Sec.  2.  And  be  it  further  enacted^  That  all  offices  which  may  exist, 
and  all  laws  which  may  be  in  force,  in  said  Territory,  within  the 
boundaries  above  described,  at  the  time  this  act  shall  go  into  effect, 
shall  continue  to  exist,  and  be  in  force,  until  otherwise  provided  by 
law.  And  the  President  of  the  United  States  shall  have  power  to 
appoint  a  governor  and  secretary  for  the  said  Alabama  Territory, 
Avho  shall,  respectively,  exercise  the  same  power,  perform  the  same 
duties,  and  receive  for  their  services  the  same  compensation,  as  are 
provided  for  the  governor  and  secretary  of  the  Mississippi  Territory  : 
rrovided^  That  the  appointment  of  said  governor  and  secretary  shall 
be  submitted  to  the  Senate,  for  their  advice  and  consent,  at  the  next 
session  of  Congress. 

Sec.  3.  And  he  it  furtJier  enacted^  That  there  shall  be  appointed  an 
additional  judge  for  the  Mississippi  Territory,  who  shall  reside  in 
the  eastern  part  thereof,  and  receive  the  same  compensation  as  the 
other  judges;  and  that  the  judge  appointed  by  virtue  of  an  act,  passed 
the  twenty-seventh  day  of  March,  one  thousand  eight  hundred  and 
four,  for  the  appointment  of  an  additional  judge  for  the  Mississippi 
Territory,  togetner  with  the  judge  appointed  for  Madison  County, 
and  the  judge  to  be  appointed  by  virtue  of  this  act,  shall  possess  and 
exercise  exclusive  original  jurisdiction  in  the  superior  courts  of  AVash- 
ington,  Baldwin,  Clarke,  Monroe,  Montgomery,  Wayne,  (xreene,  Jack- 
son, Mobile,  Madison,  and  of  such  new  counties  as  may  be  formed 
out  of  them,  and  shall  arrange  the  same  among  themselves,  from  time 
to  time:  Provided^  That  no  judge  sliall  sit  more  than  twice  in  suc- 
cession in  the  same  court,  and  that  the  other  judges  of  the  Mississippi 
Territory  shall  exercise,  as  heretofore  authorized  by  an  act  of  Con- 
gress, or  of  the  territorial  legislature,  exclusive  jurisdiction  in  the 
superior  courts  of  the  other  counties.  That  a  general  court,  to  be 
composed  of  the  judge  appointed  by  virtue  of  the  act  of  twenty- 
seventh  of  March,  one  thousand  eight  hundred  and  four,  the  judge 
appointed  for  Madison  County,  and  the  judge  to  be  appointed  by  vir- 
tue of  this  act,  or  any  two  of  them,  shall  be  liolden  at  Saint  Stephens, 
commencing  on  the  first  Mondays  in  January  and  July,  annually,  who 
shall  have  the  same  power  of  issuing  writs  of  error  to  the  superior 
courts  of  the  counties  mentioned  in  this  section,  or  which  shall  here- 
after be  formed  in  the  eastern  division  of  the  Territory,  which  was 
given  by  the  act  for  the  appointment  of  an  additional  judge,  passed 
the  year  one  thousand  eight  hundred  and  four,  to  the  superior  court 
of  Adams  district,  and  which  shall  possess,  exclusively  of  the  courts 
of  the  several  counties,  the  Federal  jurisdiction  given  to  the  superior 
courts  of  the  Territories,  by  an  act  passed  the  third  day  of  March, 
one  thousand  eight  hundred  and  five,  entitled  "An  act  to  extend  juris- 
diction in  certain  cases  to  the  territorial  courts." 

Sec.  4.  And  he  it  further  enacted^  That  the  governor,  to  be  ap- 
pointed under  the  authority  of  this  act,  shall,  immediately  after 
entering  into  office,  convene,  at  the  town  of  Saint  Stephens,  such  of 
the  members  of  the  legislative  council  and  house  of  representatives 


Alabama— 1817  91 

of  the  Mississippi  Territory,  as  may  then  be  the  representatives  from 
the  several  counties  within  the  limits  of  the  Territory  to  be  established 
by  this  act;  and  the  said  members  shall  constitute  the  legislative 
council  and  house  of  representatives  for  the  aforesaid  Alabama  Terri- 
tory, whose  powers,  in  relation  to  the  said  Territory,  shall  be,  until 
the  expiration  of  the  term  for  which  they  shall  have  been  chosen,  or 
until  Congress  shall  otherAvise  provide,  the  same,  in  all  respects,  as 
are  now  possessed  by  the  legislative  council  and  house  of  representa- 
tives of  the  Mississippi  Territory;  and  the  said  legislative  council 
and  house  of  representatives  of  the  Alabama  Territory,  so  formed, 
shall  have  power  to  nominate  six  persons  to  the  President  of  the 
United  States,  three  of  Avhom  shall  be  selected  by  him  for  members 
of  the  legislative  council,  in  addition  to  the  number  which  the  said 
Territory  may  possess  agreebly  to  the  foregoing  provisions  of  this 
section.  The  said  legislative  council  and  house  of  representatives 
shall  also  have  power  to  elect  a  Delegate  to  Congress,  who  shall,  in 
all  respects,  possess  the  same  rights  and  immunities  as  other  Delegates 
from  Territories  of  the  United  States. 

Sec.  5.  And  he  it  further  enacted,  That  this  act  shall  commence  and 
be  in  force  so  soon  as  the  convention,  the  appointment  whereof  has  been 
authorized  by  Congress  at  their  jd resent  session,  shall  have  formed  a 
constitution  and  State  government  for  that  part  of  the  Mississippi' 
Territory  lying  west  of  the  Territory  herein  described ;  of  which  act 
of  convention  the  governor  of  the  Mississippi,  for  the  time  being, 
shall  give  immediate  notice  to  the  President  of  the  United  States, 
who  shall  thereupon  forthwith  proceed  to  the  execution  of  the  powers 
vested  in  him  by  the  second  section  of  this  act ;  but  in  case  said  con- 
vention shall  fail  to  form  a  constitution  and  State  government,  as 
aforesaid,  then  this  act  shall  become  null  and  void,  except  so  far  as 
relates  to  the  third  section  thereof,  Avhich  shall  take  effect,  and  be  in 
force,  from  and  after  the  passage  of  this  act. 

Sec.  6.  And  he  it  further  enacted,  That  all  persons  who  shall  be  in 
office,  within  the  Territory  hereby  established,  when  the  said  conven- 
tion shall  have  formed  a  constitution  and  State  government,  as  afore- 
said, shall  continue  to  hold  and  exercise  their  offices,  in  all  respects, 
as  if  this  act  had  never  been  made ;  and  the  governor  and  secretary 
of  the  Mississippi  Territory,  for  the  time  being,  shall  continue  to 
exercise  the  duties  of  their  respective  offices,  in  relation  to  the  Terri- 
tory hereby  established,  until  a  governor  and  secretary  shall  be  ap- 
pointed therefor,  in  pursuance  to  this  act. 

Sec.  7.  Ayid  he  it  further  enacted,  That  all  judicial  process  in  the 
said  Territory  of  Alabama  shall  be  issued,  and  bear  test,  as  hereto- 
fore; nor  shall  any  suit  be  discontinued,  or  the  proceedings  of  any 
cause  stayed,  or  in  any  wise  affected,  by  anything  contained  in  this 
act,  or  in  the  act  entitled  "An  act  to  enable  the  people  of  the  western 
part  of  the  Mississippi  Territory  to  form  a  constitution  and  State 
government,  and  for  the  admission  of  such  State  into  the  Union  on 
an  equal  footing  with  the  original  States." 

Sec.  8.  And  he  it  further  enacted,  That  the  town  of  Saint  Stephens 
shall  be  the  seat  of  government  for  the  said  Alabama  Territory,  until 
it  shall  be  otherwise  ordered  by  the  legislature  thereof. 

Sec.  9.  And  he  it  further  enacted.  That  whatever  balance  may 
remain  in  the  treasury  of  the  Mississippi  Territory,  at  the  time  when 


92  Alabama— 1819 

the  convention  authorized  to  form  a  constitution  and  State  govern- 
ment for  the  western  part  of  said  Territory,  may  have  formed  a  con- 
stitution and  State  government  for  the  same,  shall  be  divided  between 
the  new  State  and  Territory,  according  to  the  amount  which  may  have 
been  paid  into  said  treasury  from  the  counties  lying  within  the  limits 
of  such  State  and  Territory  respectively. 
Approved  March  3,  1817. 

TREATY  WITH  SPALN  CEDING  FLORIDA— 1819 
[See  "  Florida,"  page  649.] 

ENABLINO  ACT  EOR  ALABAMA— 1819 

[Fifteenth  Congbess,  Second  Session.] 

An  Act  to  enable  the  people  of  the  Alabama  Territory  to  form  a  constitution 
and  State  government,  and  for  the  admission  of  such  State  into  Union  on 
an  equal  footing  with  the  original  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
'United  States  of  America  in  Congress  assembled,  That  the  inhabit- 
ants of  the  Territory  of  Alabama  be,  and  they  are  hereby,  author- 
ized to  form  for  themselves  a  constitution  and  State  government,  and 
to  assume  such  name  as  they  may  deem  proper;  and  that  the  said 
Territory,  when  formed  into  a  State,  shall  be  admitted  into  the 
Union,  upon  the  same  footing  with  the  original  States,  in  all  respects 
whatever. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  State  shall  con- 
.sist  of  all  the  territory  included  within  the  following  boundaries,  to 
wit:  Beginning  at  the  point  where  the  thirty -first  degree  of  north 
latitude  intersects  the  Perdido  River;  thence,  east,  to  the  western 
boundary-line  of  the  State  of  Georgia ;  thence,  along  said  line,  to  the 
southern  boundary-line  of  the  State  of  Tennessee ;  thence,  west,  along 
said  boundary-line,  to  the  Tennessee  River;  thence,  up  the  same,  to 
the  mouth  of  Bear  Creek;  thence,  by  a  direct  line,  to  the  northwest 
corner  of  Washington  County;  thence,  due  south,  to  the  Gulf  of 
Mexico;  thence,  eastwardly,  including  all  islands  within  six  leagues 
of  the  shore,  to  the  Perdido  River;  and  thence,  up  the  same,  to  the 
beginning. 

Sec.  3.  And  be  it  further  enucted,  That  it  shall  be  the  duty  of  the 
surveyor  of  the  lands  of  the  United  States  south  of  the  State  of 
Tennessee,  and  the  surveyor  of  the  public  lands  in  the  Alabama  Terri- 
tory, to  run  and  cut  out  the  line  of  demarcation,  between  the  State 
of  Mississippi  and  the  State  to  be  formed  of  the  Alabama  Terri- 
tory ;  and  if  it  should  appear  to  said  surveyors  that  so  much  of  said 
line  designated  in  the  preceding  section,  running  due  south,  from 
the  northwest  corner  of  Washington  County  to  the  Gulf  of  Mexico, 
will  encroach  on  the  counties  of  Wayne,  Greene,  or  Jackson,  in  said 
State  of  Mississippi,  then  the  same  shall  be  so  altered  as  to  run  in 
a  direct  line  from  the  northwest  corner  of  Washington  County  to  a 
point  on  the  Gulf  of  Mexico,  ten  miles  east  of  the  mouth  of  the 
river  Pascagola. 


Alabama — 1819  93 

Sec.  4.  And  be  it  further  enacted,  That  all  white  male  citizens  of 
the  United  States,  who  shall  have  arrived  at  the  age  of  twenty-one 
years,  and  have  resided  in  said  Territory  three  months  previous  to 
the  day  of  election,  and  all  persons  having,  in  other  respects,  the  legal 
qualifications  to  vote  for  representatives  in  the  general  assembly  of 
the  said  Territory,  be,  and  they  are  hereby,  authorized  to  choose 
representatives  to  form  a  constitution,  who  shall  be  appointed  among 
the  several  counties  as  follows : 

From  the  county  of  Madison,  eight  representatives. 

From  the  county  of  Monroe,  four  representatives. 

From  the  county  of  Blount,  three  representatives. 

From  the  county  of  Limestone,  three  representatives. 

From  the  county  of  Shelby,  two  representatives. 

From  the  county  of  Montgomery,  two  representatives. 

From  the  county  of  Washington,  two  representatives. 

From  the  county  of  Tuscaloosa,  two  repesentatives. 

From  the  county  of  Lawrence,  two  representatives. 

From  the  county  of  Franklin,  two  representatives. 

From  the  county  of  Cotaco,  two  representatives. 

From  the  county  of  Clark,  two  representatives. 

From  the  county  of  Baldwin,  one  representative. 

From  the  county  of  Cawhauba,  one  representative. 

From  the  county  of  Conecah,  one  representative. 

From  the  county  of  Dallas,  one  representative. 

From  the  county  of  Marengo,  one  representative. 

From  the  county  of  Marion,  one  representative. 

From  the  county  of  Mobile,  one  representative. 

From  the  county  of  Lauderdale,  one  representative. 

From  the  county  of  Saint  Clair,  one  representative. 

From  the  county  of  Autauga,  one  representative. 

And  the  election  for  the  representatives  aforesaid  shall  be  holden 
on  the  first  Monday  and  Tuesday  in  May  next,  throughout  the  several 
counties  in  the  said  Territory,  and  shall  be  conducted  in  the  same 
manner,  and  under  the  same  regulations,  as  prescribed  by  the  laws 
of  the  said  Territory  regulating  elections  therein  for  the  members  of 
the  House  of  Representatives. 

Sec.  5.  A^id  he  it  f mother  enacted,  That  the  members  of  the  con- 
vention, thus  duly  elected,  be,  and  they  are  hereby,  authorized  to  meet, 
at  the  town  of  Huntsville,  on  the  first  Monday  in  July  next;  which 
convention,  when  met,  shall  first  determine,  by  a  majority  of  the 
whole  number  elected,  whether  it  be,  or  be  not,  expedient,  at  that 
time,  to  form  a  constitution  and  State  government  for  the  people 
within  the  said  Territory;  And  if  it  be  determined  to  be  expedient, 
the  convention  shall  be,  and  hereby  are,  authorized  to  form  a  consti- 
tution and  State  government :  Provided,  That  the  same,  when  formed 
shall  be  republican,  and  not  repugnant  to  the  principles  of  the  ordi- 
nance of  the  thirteenth  of  July,  one  thousand  seven  hundred  and 
eighty-seven,  between  the  people  and  States  of  the  territory  north- 
west of  the  river  Ohio,  so  far  as  the  same  has  been  extended  to  the 
yaid  territory,  by  the  articles  of  agreement  between  the  United  States 
and  the  State  of  Georgia,  or  of  the  Constitution  of  the  United  States. 

Sec.  6.  And  he  it  further  enacted,  That  the  following  propositions 
be,  and  the  same  are  hereby,  oflfered  to  the  convention  of  the  said  Ter- 
7251— VOL  1—07 9 


94  Alabama— IS  W 

ritory  of  Alabama,  when  formed,  for  their  free  acceptance  or  rejec- 
tion, which,  if  accepted  by  the  convention,  shall  be  obligatory  upon 
the  United  States. 

First.  That  the  section  numljered  sixteen  in  every  township,  and 
when  such  section  has  been  sold,  granted,  or  disposed  of,  other  lands 
equivalent  thereto,  and  most  contiguous  to  the  same,  shall  be  granted 
to  the  inhabitants  of  such  townships  for  the  use  of  schools. 

Second.  That  all  salt-springs  within  the  said  Territory,  and  the 
lands  reserved  for  the  use  of  the  same,  together  with  such  other  lands 
as  may,  by  the  President  of  the-  United  States,  be  deemed  necessary 
and  proper  for  working  the  said  salt-springs,  not  exceeding  in  the 
whole  the  quantity  contained  in  thirty-six  entire  sections,  shall  Ix^ 
granted  to  the  saia  State,  for  the  use  of  the  people  of  the  said  State, 
the  same  to  be  used,  under  such  terms,  conditions,  and  regulations,  as 
the  legislature  of  the  .said  State  shall  direct:  Prot^ided,  The  said 
legislature  shall  never  sell  nor  lease  the  same  for  a  longer  term  than 
ten  years  at  any  one  time. 

Third.  That  five  per  cent,  of  the  net  proceeds  of  the  lands  Iving 
within  the  said  Territory,  and  which  shall  be  sold  by  Congress,  ^rom 
and  after  the  first  day  of  September,  in  the  year  one  thousand  eight 
hundred  and  nineteen,  after  deductini?  all  expenses  incident  to  the 
same,  shall  be  reserved  for  making  public  roads,  canals,  and  inprov- 
ing  the  navigation  of  rivers,  of  which  three-fifths  shall  be  applied  to 
those  objects  within  the  said  State,  under  the  direction  of  the  legis- 
lature thereof,  and  two-fifths  to  the  making  of  a  road  or  roads  lead- 
ing to  the  said  State,  under  the  direction  of  Congress. 

Fourth.  That  thirty-six  sections,  or  one  entire  township,  to  be  des- 
ignated by  the  Secretary  of  the  Treasury,  under  the  direction  of  the 
President  of  the  United  States,  together  with  the  one  heretofore 
reserved  for  that  purpose,  shall  be  reserved  for  the  use  of  a  seminary 
of  learning,  and  vested  in  the  legislature  of  the  said  State,  to  be 
appropriated  solely  to  the  use  of  such  seminary  bv  the  said  legislature. 
And  the  Secretary  of  the  Treasury,  under  the  direction  as  aforesaid, 
may  reserve  the  seventy-two  sections,  or  two  townships,  hereby  »set 
apart  for  the  support  oi  a  seminary  of  learning,  in  small  tracts:  Pro- 
vided, That  no  tract  shall  consist  of  less  than  two  sections :  And  pro- 
vided always,  That  the  said  convention  shall  provide,  by  an  ordinance 
irrevocable  without  the  consent  of  the  United  States,  that  the  people 
inhabitating  the  said  Territoiy,  do  agree  and  declare  that  they  forever 
disclaim  all  right  and  title  to  the  waste  or  unappropriated  lands  lying 
within  the  said  Territory;  and  that  the  same  shall  be  and  remain  at 
the  sole  and  entire  disposition  of  the  Ignited  States;  and,  moreover, 
that  each  and  every  tract  of  land  sold  by  the  United  States,  after  the 
first  day  of  September,  in  the  year  one  thousand  eight  hundred  and 
nineteen,  shall  be  and  remain  exempt  from  any  tax  laid  by  the  order, 
or  under  the  authority,  of  the  State,  whether  :for  State,  county,  town- 
ship, parish,  or  any  other  purpose  whatever,  for  the  term  of  five  years, 
from  and  after  the  respective  days  of  the  sales  thereof ;  and  that  the 
lands  belonging  to  citizens  of  the  United  States,  residing  without  the 
said  State,  shall  never  be  taxed  higher  than  the  lands  belonging  to 
persons  residing  therein ;  and  that  no  tax  shall  be  imposed  on  lands, 
the' property  of  the  United  States;  and  that  all  navigable  waters 
within  the  said  State  shall  forever  remain  public  highways,  free  to  the 


Alabama— 1819  95 

citizens  of  said  State  and  of  the  United  States,  without  any  tax,  duty, 
impost,  or  toll,  therefor,  imposed  by  the  said  State. 

Sec.  7.  And  be  it  furilier  enacted^  That,  in  lieu  of  a  section  of  land, 
provided  to  be  reserved  for  the  seat  of  government  of  the  said  Terri- 
tory, by  an  act,  entitled  "An  act  respecting  the  surveying  and  sale  of 
the  public  lands  in  the  Alabama  Territory,"  there  be  granted  to  the 
said  State,  for  the  seat  of  the  government  thereof,  a  tract  of  land 
containing  sixteen  hundred  and  twenty  acres,  and  consisting  of 
sundry  fractions  and  a  quarter-section,  in  sections  thirty-one  and 
thirty-two,  in  township  sixteen,  and  range  ten,  and  in  sections  five 
and  six,  in  township  fifteen,  and  range  ten,  and  in  sections  twenty- 
nine  and  thirty,  in  the  same  township  and  range,  lying  on  both  sides 
of  the  Alabama  and  Cahawba  Rivers,  and  including  the  mouth  of  the 
river  Cahawba,  and  Avhich  heretofore  has  been  reserved  from  the 
public  sale,  by  order  of  the  President  of  the  United  States. 

Sec.  8.  And  he  it  further  enacted^  That,  until  the  next  general  cen- 
sus shall  be  taken,  the  said  State  shall  be  entitled  to  one  llepresenta- 
tive  in  the  House  of  Representatives  of  the  United  States. 

Sec.  9.  And  he  it  further  enacted^  That,  in  case  the  said  convention 
shall  form  a  constitution  and  State  government  for  the  people  of  the 
Territory  of  Alabama,  the  said  convention,  as  soon  thereafter  as  may 
be,  shall  cause  a  true  and  attested  copy  of  such  constitution  or  frame 
of  government  as  shall  be  formed  or  provided,  to  be  transmitted  to 
Congress,  for  its  approbation. 

Approved,  March  2, 1819. 

RESOLUTION  FOR  THE  ADMISSION  OF  ALABAMA— 1819 

[Sixteenth  Congbess,  First  Session] 
Resolution  declaring  the  admission  of  the  State  of  Alabama  into  the  Union. 

Whereas,  in  pursuance  of  an  act  of  Congress,  passed  on  the  second 
day  of  March,  one  thousand  eight  hundred  and  nineteen,  entitled 
"An  act  to  enable  the  people  of  the  Alabama  territory  to  form  a  con- 
stitution and  state  government,  and  for  the  admission  of  such  state 
into  the  Union  on  an  equal  footing  with  the  original  States,"  the  peo- 
ple of  the  said  territory  did,  on  the  second  day  of  August,  in  the 
present  year,  by  a  convention  called  for  that  purpose,  form  for  them- 
selves a  constitution* and  state  government,  which  constitution  and 
state  government,  so  formed,  is  republican,  and  in  conformity  to  the 
principles  of  the  articles  of  compact  between  the  original  states  and  the 
people  and  states  in  the  territory  northw^est  of  the  river  Ohio,  passed 
on  the  thirteenth  day  of  July,  one  thousand  seven  himdred  and 
eighty-seven,  so  far  as  the  same  have  been  extended  to  the  said  terri- 
tory by  the  articles  of  agreement  between  the  United  States  and  the 
state  of  Georgia: — 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America^  in  Congress  assembled,  That  the  State  of  Alabama 
shall  be  one,  and  is  hereby  declared  to  be  one,'  of  the  United  States 
of  America,  and  admitted  into  the  Union  on  an  equal  footing  with 
the  original  states,  in  all  respects  whatever. 

Approved,  December  14,  1819. 


96  Alabama— 1819 


CONSTITUTION  OF  ALABAMA— 1819  * 

We,  the  people  of  the  Ahibania  Tenitoiy,  having  the  right  of  ad- 
mission into  the  (Jeneral  (Jovernment,  as  a  member  of  the  Union, 
consistent  with  the  Constitution  and  laws  of  the  United  States,  by 
our  representatives,  assembled  in  convention  at  the  town  of  Hunts- 
ville,  on  Monday,  the  fifth  day  of  July,  one  thousand  eight  hundred 
and  nineteen,  in  pursuance  oi  an  act  of  Congress,  entitled  "An  act 
to  enable  the  people  of  the  Alabama  Territory  to  form  a  constitution 
and  State  government,  and  for  the  admission  of  such  State  into  the 
Union,  on  an  equal  footing  with  the  original  States;"  in  order  to 
establish  justice,  insure  tranquility,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  secure  to  ourselves  and  our  posterity 
the  rights  of  life,  liberty,  and  property,  do  ordain  and  establish  the 
following  constitution  or  form  of  government ;  and  do  mutually 
agi'ee  with  each  other  to  form  ourselves  into  a  free  and  independent 
State,  by  the  name  of  "  the  State  of  Alabama."  And  we  do  hereby 
recognize,  confirm,  and  establish  the  boundaries  assigned  to  said 
State  by  the  act  of  Congress  aforesaid,  "to  wit:  Beginning  at  the 
point  where  the  thirtj^-first  degi'ee  of  north  latitude  intersects  the 
Perdido  River,  thence,  east,  to  the  western  boundary-line  of  the  State 
of  Georgia ;  thence,  along  said  line,  to  the  southern  boundary-line  of 
the  State  of  Tennessee ;  thence,  west,  along  said  boundary-line,  to  the 
Tennessee  River;  thence,  up  the  same,  to  the  mouth  of  Bear  Creek; 
thence,  by  a  direct  line,  to  the  northwest  corner  of  Washington 
County;  thence,  due  south,  to  the  Gulf  of  Mexico;  thence,  eastwardly, 
including  all  islands  within  six  leagues  of  the  shore,  to  the  Perdido 
River;  and  thence,  up  the  same,  to  the  beginning" — subject  to  such 
alteration  as  is  provided  in  the  third  section  of  said  act  of  Congress, 
and  subject  to  such  enlargement  as  may  be  made  by  law,  in  conse- 
quence of  any  cession  of  territory  by  the  United  States,  or  either  of 
them. 

Article  I 

DECLARATION  OF  RIGHTS 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  nuiy  be  recognized  and  established,  we  declare: 

Section  1.  That  all  freemen,  when  they  forin'a  social  compact,  are 
equal  in  rights;  and  that  no  man  or  set  of  men  are  entitled  to  exclu- 
sive, separate  public  emoluments  or  privileges,  but  in  consideration 
of  public  services. 

Sec.  2.  All  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for  their 
Iwnefit :  anl,  therefore,  they  ha^e  at  all  times  an  inalienable  and  inde- 
feasible right  to  alter,  reform,  or  abolish  their  form  of  government, 
in  such  manner  as  they  may  think  expedient. 

*  Verifietl  by  "  The  Constitution  of  Alabama  of  1810,  with  amendments."  in 
The  Code  of  Alaltania.  prepareil  l>y  Ormond.  Bajjity  and  Goldthwaite,  Notes 
and  Index  by  Semple.  Montgomery,  Ala.  Printed  by  Britton  and  Dewolf, 
State  Printei-s.  1852."    pp.  28-49. 

This  Constitution  was  franie<l  by  a  convention  which  met  July  5,  1819,  and 
adjourned  August  2,  1819.     It  was  submitted  to  the  i)eople. 


Alabama— 1819  97 

Sec,  3.  No  person  within  this  State  shall,  upon  any  pretence,  be 
deprived  of  the  inestimable  privilege  of  worshipping  God  in  the 
manner  most  agreeable  to  his  own  conscience;  nor  be  compelled  to 
attend  any  place  of  worship;  nor  shall  any  one  ever  be  obliged  to 
pay  any  tithes,  taxes,  or  other  rate,  for  the  building  or  repairing  any 
place  of  worship,  or  for  the  maintenance  of  any  minister  or  ministry. 

Sec.  4.  No  human  authority  ought,  in  any  case  whatever,  to  con- 
trol or  interfere  with  the  rights  of  conscience. 

Sec.  5.  No  person  shall  be  hurt,  molested,  or  restrained  in  his  relig- 
ious profession,  sentiments,  or  persuasions,  provided  he  does  not  dis- 
turb others  in  their  religious  Avorship. 

Sec.  6.  The  civil  rights,  privileges,  or  capacities  of  any  citizen, 
shall  in  no  way  be  diminished  or  enlarged,  on  account  of  his  religious 
principles. 

Sec.  7.  There  shall  be  no  establishment  of  religion  by  law ;  no  pref- 
erence shall  ever  be  given  by  law  to  any  religious  sect,  society,  denom- 
ination, or  mode  of  worship;  and  no  religious  test  shall  ever  be 
required  as  a  qualification  to  any  office  or  public  trust  under  this 
State. 

Sec.  8.  Every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty. 

Sec.  9.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  seizures  or  searches;  and  no  war- 
rant to  search  any  place,  or  to  seize  any  person  or  thing,  shall  issue 
without  describing  them  as  nearly  as  may  be,  nor  without  j^robable 
cause,  supported  by  oath  or  affirmation. 

Sec.  10.  In  all  criminal  prosecutions,  the  accused  has  a  right  to  be 
heard  by  himself  and  counsel;  to  demand  the  nature  and  cause  of 
the  accusation,  and  have  a  copy  thereof;  to  be  confronted  by  the 
witnesses  against  him ;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and,  in  all  prosecutions,  by  indictment  or 
information,  a  speedy  public  trial  by  an  impartial  jury  of  the  county 
or  district  in  which  the  offence  shall  have  been  committed;  he  shall 
not  be  comjielled  to  give  evidence  against  himself,  nor  shall  he  be 
deprived  of  his  life,  liberty,  or  property,  but  by  due  course  of  law. 

Sec.  11.  No  person  shall  be  accused,  arrested,  or  detained,  except  in 
cases  ascertained  by  law,  and  according  to  the  forms  which  the  same 
has  prescribed;  and  no  person  shall  be  punished,  but  in  virtue  of  a 
law,  established  and  promulgated  prior  to  the  offence,  and  legally 
applied. 

Sec.  12.  No  person  shall,  for  any  indictable  offence,  be  proceeded 
against  criminally,  by  information;  except  in  cases  arising  in  the 
land  and  naval  forces,  or  the  militia  when  in  actual  service,  or,  by 
leave  of  the  court,  for  oppression  or  misdemeanor  in  office. 

Sec.  13.  No  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardv  of  life  or  limb;  nor  shall  any  person's  property  he  taken 
or  applied  to  public  use,  unless  just  compensation  be  made  therefor. 

Sec.  14.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him,  in  his  lands,  goods,  person,  or  reputation,  shall  have  rem- 
edy by  due  course  of  law,  and  right  and  justice  administered,  without 
sale,  denial,  or  delay. 

Sec.  15.  No  power  of  suspending  laws  shall  be  exercised,  except  by 
the  general  assembly,  or  its  authority. 


98  Alabama— 1819 

Sec.  16.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  punishments  inflicted. 

Sec.  17.  All  persons  shall,  before  conviction,  be  bailable  by  suffi- 
cient securities,  except  for  capital  offences,  when  the  proof  is  evident, 
or  the  presumption  great ;  and  the  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless  when,  in  cases  of  rebellion  or 
invasion,  the  public  safety  may  require  it. 

Sec.  18.  The  person  of  a  debtor,  when  there  is  not  strong  presump- 
tion of  fraud,  shall  not  be  detained  in  prison,  after  delivering  up  his 
estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall  be  i)re- 
scribed  by  law. 

Sec.  19.  No  ex  post  facto  law,  nor  law  impairing  the  obligation  of 
contracts  shall  be  made. 

Sec.  20.  No  person  shall  be  attainted  of  treason  or  felony  by  the 

feneral  assembly.     No  attainder  shall  work  corruption  of  blood,  nor 
orfeiture  of  estate. 

Sec.  21.  The  estates  of  suicides  shall  descend  or  vest  as  in  cases  of 
natural  death;  if  any  person  shall  be  killed  by  casualty,  there  shall 
be  no  forfeiture  by  reason  thereof. 

Sec.  22.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assem- 
ble together  for  their  common  good,  and  to  apply  to  those  invested 
with  the  powers  of  government  for  redress  of  grievances,  or  other 
proper  purposes,  by  petition,  address,  or  remonstrance. 

Sec.  23.  P]very  citizen  has  a  right  to  bear  arms  in  defence  of  him- 
self and  the  State. 

Sec.  24.  No  standing  army  shall  be  kept  up  without  the  consent  of 
the  general  assemblv;  and,  in  that  case,  no  appropriation  of  money 
for  its  support  shall  be  for  a  longer  term  than  one  year;  and  the 
military  shall,  in  all  cases,  and  at  all  times,  be  in  strict  subordination 
to  the  civil  power. 

Sec.  25.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner;  nor  in  time  of  Avar,  but  in 
a  manner  to  be  prescribed  by  law. 

Sec.  2G.  No  title  of  nobility,  or  hereditary  distinction,  privilege, 
honor,  or  emolument,  shall  ever  be  granted  or  conferred  in  this  State; 
nor  shall  any  office  be  created,  the  appointment  of  which  shall  be 
for  a  longer  term  than  during  good  behavior. 

Sec.  27.  Emigration  from  this  State  shall  not  be  prohibited,  nor 
shall  any  citizen  be  exiled. 

Sec.  28.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  29.  No  person  shall  be  debarred  from  prosecuting  or  defend- 
ing any  civil  cause,  for  or  against  him  or  herself,  l>efore  any  tribunal 
in  this  State,  by  him  or  herself,  or  counsel. 

*  Sec.  30.  This  enumeration  of  certain  rights  shall  not  be  construed 
to  deny  or  disparage  others  retained  by  the  people;  and  to  guard 
against  any  encroachments  on  the  rights  herein  retained,  or  any  trans- 
gression of  any  of  the  high  powers  herein  delegated,  we  declare,  that 
everything  in  this  article  is  excepted  out  of  the  general  powers  of 
government,  and  shall  forever  remain  inviolate;  and  that  all  laws 
contrary  thereto,  or  to  the  following  provisions,  shall  remain  void. 


Alabama— 1819  99 

Article  II 

DISTRIBUTION    OF    POWERS 

Section  1.  The  powers  of  the  government  of  the  State  of  Alabama 
shall  be  divided  into  three  distinct  departments;  and  each  of  them 
confided  to  a  separate  body  of  magistracy,  to  wit:  Those  which  are 
legislative,  to  one;  those  which  are  executive,  to  another;  and  those 
which  are  judicial,  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed 
or  permitted. 

Article  III 

TiEGISLATIVE    DEPARTMENT 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in 
two  distinct  branches:  the  one  to  be  styled  the  Senate,  the  other  the 
House  of  Representatives,  and  both  together  "  the  General  Assembly 
of  the  State  of  Alabama ;  "  and  the  style  of  their  laws  shall  be,  ^"Be 
it  enacted  hy  the  seriate  and  house  of  representatives  of  the  State  of 
Alabama^  in  general  assembly  convened." 

"  Sec,  2.  The  members  of  the  House  of  Representatives  shall  be 
chosen  by  the  qualified  electors,  and  shall  serve  for  the  term  of  [one 
year]  from  the  day  of  the  commencement  of  the  general  election,  and 
no  longer. 

"  Sec.  3.  The  representatives  shall  be  chosen  [every  year]  on  the 
first  Monday  and  the  day  following  in  August,  until  otherwise 
directed  by  law. 

Sec.  4.  No  person  shall  be  a  representative,  unless  he  be  a  white 
man,  a  ci^zen  of  the  United  States,  and  shall  have  been  an  inhabitant 
of  this  State  two  years  next  preceding  his  election,  and  the  last  year 
thereof  a  resident  of  the  county,  city,  or  town,  for  which  he  shall  be 
chosen,  and  shall  have  attained  the  age  of  twenty-one  years. 

Sec.  5.  Every  white  male  person  of  the  age  of  twenty-one  years, 
or  upward,  who  shall  be  a  citizen  of  the  United  States,  and  shall  have 
resided  in  this  State  one  year  next  preceding  an  election,  and  the  last 
three  months  within  the  county,  city,  or  town,  in  which  he  offers  to 
vote,  shall  be  deemed  a  qualified  elector:  Provided.,  That  no  soldier, 
seaman,  or  marine,  in  the  regular  Army  or  Navy  of  the  United  States, 
shall  be  entitled  to  vote  at  any  election  in  this  State;  And  provided., 
also.,  That  no  elector  shall  be  entitled  to  vote  except  in  the  county, 
city,  or  town  (entitled  to  separate  representation)  in  which  he  may 
reside  at' the  time  of  the  election. 

Sec.  6.  Electors  shall,  in  all  cases  except  in  those  of  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  elections,  and  in  going  to  and  returning  from  the  same. 

Sec.  7.  In  all  elections  by  the  people,  the  electors  shall  vote  by  bal- 
lot, until  the  general  assembly  shall  otherwise  direct. 

'•This  section  was  amended  in  1846. 


100  Alabama— 1819 

Sec.  8.  Elections  for  representatives  for  the  several  counties  sliall 
Ix;  held  at  the  place  of  holding:  their  resjiective  courts,  and  at  such 
other  places  as  may  be  prescribed  by  law :  Prorided,  That  Avhen  it 
shall  ai)pear  to  the  general  assembly  that  any  city  or  town  shall  have 
a  number  of  white  inhabitants  equal  to  the  ratio  then  fixed,  such  city 
or  town  shall  have  a  separate  representation,  according  to  the  number 
of  white  inhabitants  therein;  which  shall  l)e  retained  so  long  as  such 
city  or  town  shall  contain  a  number  of  white  inhabitants  equal  to  the 
ratio  which  may  from  time  to  time  be  fixed  by  law;  and  thereafter, 
and  during  the  existence  of  the  right  of  s<'parate  representation,  in 
such  city  or  town,  elections  for  the  county  in  which  such  city  or  town 
(entitled  to  such  separate  repre^sentation )  is  situated,  shall  not  be 
held  in  such  city  or  town ;  but  it  is  understood,  and  hereby  declared, 
that  no  city  or  town  shall  be  entitled  to  separate  representation,  unless 
the  numl)er  of  white  inhabitants  in  the  county  in  which  such  city  or 
town  is  situated,  residing  out  of  the  limits  of  said  city  or  town,  be 
equal  to  the  existing  ratio;  or  unless  the  residuum  or  fraction  of  such 
city  or  town  shall,  when  added  to  the  white  inhabitants  of  the  county 
residing  out  of  the  limits  of  said  city  or  town,  be  equal  to  the  ratio  fixed 
by  law  for  one  representative:  And  prorided,  That  if  the  residuum 
or  fraction  of  anv  city  or  town,  entitled  to  separate  representation, 
shall,  when  added  to  tlie  residuum  of  the  county  in  which  it  may  lie, 
be  equal  to  the  ratio  fixed  by  law  for  one  representative,  then  the 
aforesaid  county,  city,  or  town,  having  the  largest  residuum,  shall  Ix' 
entitled  to  such  representation:  And  provided,  also,  That  when  there 
are  two  or  more  counties  adjoining,  which  have  residuums  or  fractions 
over  and  above  the  ratio  then  fixed  by  law.  if  said  residuums  or 
fractions,  when  added  together,  will  amount  to  such  ratio,  in  that 
case  one  representative  shall  be  added  to  that  county  having  the  larg- 
est residuum. 

[Sec.  9."  The  general  assembly  shall,  at  their  first  meeting,  and  in 
the  years  one  thousand  eight  hundred  and  twenty,  one  thousand  eight 
hundred  and  twenty-three,  one  thousand  eight  hundred  and  twenty- 
six,  and  every  six  years  thereafter,  cause  an  enumeration  to  he  made 
of , all  the  inhabitants  of  the  State,  and  the  whole  number  of  the  rep- 
resentatives shall,  at  the  first  session  held  after  making  every  such 
enumeration,  be  fixed  by  the  general  assembly,  and  apportioned  among 
the  several  counties,  cities,  or  towns,  entitled  to  separate  representa- 
tion, according  to  their  respective  numbers  of  white  inhabitants;  and 
the  said  apportionment,  when  made,  shall  not  be  subject  to  alteration, 
until  after  the  next  census  shall  he  taken.  The  house  of  representa- 
tives shall  not  consist  of  less  than  forty-four,  nor  more  than  sixty 
members,  until  the  number  of  white  inhabitants  shall  be  one  hundred 
thousand;  and  after  that  event,  the  whole  number  of  representatives 
shall  never  he  less  than  sixty,  nor  more  than  one  hundred:  Pro- 
rided, howerer.  That  each  county  shall  he  entitled  to  at  least  one 
representative.] 

Sec,  10.  The  general  assembly  shall,  at  the  first  session  after  mak- 
ing every  such  enumeration,  fix  by  law  the  whole  number  of  senators, 
and  shall  divide  the  State  into  the  same  number  of  districts,  as  nearly 
egual.  in  the  numl)er  of  Avhite  inhabitants,  as  may  be,  each  of  which 
districts  shall  be  entitled  to  one  senator  and  no  more:  Provided,  That 


«  This  section  was  nniendefl  In  1850. 


Alabama— 1819  101 

the  whole  number  of  senators  shall  never  be  less  than  one-fourth,  nor 
more  than  one-third  of  the  whole  number  of  representatives. 

Sec.  11.  When  a  senatorial  district  shall  be  composed  of  two  or 
more  counties,  the  counties  of  which  such  district  consists,  shall  not  bo 
entirely  separated  by  any  county  belonging  to  another  district ;  and  no 
county  shall  be  divided  in  forming  a  district. 

Sec.  12.  Senators  shall  be  chosen  by  the  qualified  electors,  for  the 
term  of  three  years,  at  the  same  time,  in  the  same  manner,  and  at  the 
same  places,  where  they  may  vote  for  members  of  the  house  of  repre- 
sentatives; and  no  person  shall  be  a  senator,  unless  he  be  a  white  man, 
a  citizen  of  the  United  States,  and  shall  have  been  an  inhabitant  of 
this  State  two  years  next  preceding  his  election,  and  the  last  year 
thereof  a  resident  of  the  district  for  which  he  shall  be  chosen,  and 
shall  have  attained  to  the  age  of  twenty-seven  years. 

"  I  Sec,  18,  The  senators  chosen  according  to  the  apportionment 
under  the  census  ordered  to  be  taken  in  one  thousand  eight  hundred 
and  twenty-six,  when  convened,  shall  be  divided  by  lot  into  three 
classes,  as  nearly  equal  as  may  be.  The  seats  of  the  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year,  those  of 
the  second  class  at  the  expiration  of  the  second  year,  and  those  of  the 
third  class  at  the  expiration  of  the  third  year,  so  that  one-third  may  be 
annuall}'^  chosen  thereafter,  and  a  rotation  thereby  kei)t  up  perpetu- 
ally. Such  mode  of  classifying  new  additional  senators  shall  be 
observed  as  will,  as  nearly  as  possible,  preserve  an  equality  of  mem- 
bers in  each  class.] 

Sec.  14.  The  house  of  representatives,  when  assembled,  shall 
choose  a  speaker,  and  its  other  officers;  and  the  senate  shall,  annu- 
ally, choose  a  president,  and  its  other  officers;  each  house  shall  judge 
of  the  qualifications,  elections,  and  returns,  of  its  own  members:  but 
a  contested  election  shall  be  determined  in  such  manner  as  shall  be 
directed  by  law. 

Sec.  15.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members,  in  such  manner,  and 
under  such  penalties,  as  each  house  may  provide. 

Sec,  IC).  Each  house  may  determine  the  rules  of  its  own  proceed- 
ings, punish  members  for  disorderly  behavior,  and,  with  the  consent 
of  two-thirds,  expel  a  member;  but  not  a  second  time  for  the  same 
cause ;  and  shall  have  all  other  powers  necessary  for  a  branch  of  the 
legislature  of  a  free  and  independent  State. 

Sec,  17.  Each  house,  during  the  session,  may  punish,  by  imprison- 
ment, any  person,  not  a  member,  for  disrespectiul  or  disorderly  be- 
havior in  its  presence,  or  for  obstructing  any  of  its  proceedings: 
Provided,  That  such  imprisonment  shall  not,  at  any  time,  exceed 
forty-eight  hours. 

Sec,  18.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
cause  the  same  to  be  published  immediately  after  its  adjournment,  ex- 
cepting such  parts  as,  in  its  judgment,  may  require  secrecy;  and  the 
yeas  and  nays  of  the  members  of  either  house,  on  any  question,  shall, 
at  the  desire  of  any  two  members  present,  be  entered  on  the  journals. 
Any  member  of  either  house  shall  have  liberty  to  dissent  from,  or 
protest  against,  any  act  or  resolution  which  he  may  think  injurious 

«  This  section  was  amended  in  1840  and  again  in  18.50. 


102  Alabama— 1819 

to  the  public  or  an  individual,  and  have  the  reasons  of  his  dissent 
entered  on  the  journals. 

Sec.  19.  Senators  and  representatives  shall,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest,  dur- 
ing the  session  of  the  general  assembly,  and  in  going  to  and  returning 
from  the  same;  allowing  one  day  for  every  twenty  miles  such  member 
may  reside  from  the  j)lace  at  which  the  general  assemblv  is  convened; 
nor  shall  any  memlier  be  liable  to  answer  for  anything  spoken  in 
debate  in  either  house,  in  any  court  or  place  elsewhere. 

Sec.  20.  When  vacancies  happen  in  either  house,  the  governor,  or 
the  person  exercising  the  powers  of  the  governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

Sec.  21.  The  doors  of  each  house  shall  be  open,  except  on  such  oc- 
casions, as,  in  the  opinion  of  the  house,  may  require  secrecy. 

Sec.  22.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting. 

Sec.  23.  Bills  may  originate  in  either  house,  and  be  amended, 
altered,  or  rejected,  by  the  other;  but  no  bill  shall  have  the  force  of  a 
law\  until  on  three  several  days  it  be  read  in  each  house,  and  free 
discussion  be  allowed  thereon,  unless,  in  case  of  urgency,  four-fifths 
of  the  house  in  which  the  bill  shall  Iw,  depending  may  deem  it  ex- 
pedient to  dispense  with  this  rule:  and  every  bill,  having  passed 
both  houses,  shall  be  signed  by  the  sj)eaker  and  president  of  their 
respective  houses:  Provided^  That  all  bills  for  raising  revenue 
shall  originate  in  the  house  of  representatives,  but  the  senate  may 
amend  or  reject  them,  as  other  bills. 

Sec.  24.  Each  member  of  the  general  assembly  shall  receive  from 
the  public  treasury  such  compensation  for  his  services  as  may  be  fixed 
by  law ;  but  no  increase  of  compensation  shall  take  effect  during  the 
session  at  which  such  increase  shall  have  been  made. 

Sec.  25.  No  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  of 
profit  under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased,  during  such  term,  except 
such  offices  as  may  be  filled  by  elections  by  the  people. 

Sec.  26.  No  person  holding  any  lucrative  office  under  the  United 
States  (the  office  of  postmaster  excepted),  tliis  State,  or  anv  other 
power,  shall  be  eligible  to  the  general  assembly:  Provided,  That 
the  offices  in  the  militia  to  which  there  is  attached  no  annual  salary, 
or  the  office  of  justice  of  the  peace,  or  that  of  the  quorum,  or  county 
court,  Avhile  it  has  no  salary,  shall  not  be  deemed  lucrative. 

Sec.  27.  No  person,  who  may  hereafter  be  a  collector  or  holder 
of  public  moneys,  shall  have  a  seat  in  either  house  of  the  general 
assembly,  or  he.  eligible  to  any  office  of  trust  or  profit  under  this 
State,  until  he  shall  have  accounted  for,  and  paid  into  the  treasury, 
all  sums  for  which  he  may  be  accountable. 

Sec.  28.  The  first  election  for  senators  and  representatives  shall 
be  general  throughout  the  State;  and  shall  be  held  on  the  third 
Monday  and  Tuesday  in  Septeml)er  next. 

[Sec.  29."  The  first  session  of  the  general  assembly  shall  commence 
on  the  fourth  Monday  in  October  next,  and  be  held  at  the  town  of 

«Thl8  section  was  .-uiiended  In  184G. 


Alabama— 1819  103 

Huntsville,  and  all  subsequent  sessions  at  the  town  of  Cahawba, 
until  the  end  of  the  first  session  of  the  general  assembly  to  be  held 
in  the  year  one  thousand  eight  hundred  and  twenty-five ;  during  that 
session  the  general  assembly  shall  have  power  to  designate  by  law 
(to  Avhich  the  executive  concurrence  shall  not  be  required)  the  per- 
manent seat  of  government,  which  shall  not  thereafter  be  changed : 
Provided,  however,  That  unless  such  designation  be  then  made  by 
law,  the  government  shall  continue  permanently  at  the  town  of 
Cahawba;  And  provided  also,  That  the  general  assembly  shall  make 
no  appropriations,  previous  to  the  year  one  thousand  eight  hundred 
and  twenty-five,  for  the  building  of  any  other  State-house  than  that 
now  provided  for  by  law.] 

Article  IV 

EXECUTIVE    DEPARTMENT 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  the  governor  of  the 
State  of  Alabama. 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors  at  the 
time  and  places  when  they  shall  respectively  vote  for  representatives. 

Sec.  3.  The  returns  of  every  election  for  governor  shall  be  sealed 
up,  and  transmitted  to  the  seat  of  government,  directed  to  the  speaker 
of  the  house  of  representatives,  who  shall,  during  the  first  week  of 
the  session,  open  and  publish  them  in  the  presence  of  both  houses  of 
the  general  assembly.  The  person  having  the  highest  number  of 
votes  shall  be  governor,  but  if  two  or  more  shall  be  equal  and  highest 
in  votes,  one  of  them  shall  be  chosen  governor  by  the  joint  vote  of 
both  houses.  Contested  elections  for  governor  shall  be  determined 
by  both  houses  of  the  general  assembly,  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  4.  The  governor  shall  hold  his  office  for  the  term  of  two  years 
from  the  time  of  his  installation,  and  until  his  successor  shall  be  duly 
qualified,  but  shall  not  be  eligible  for  more  than  four  years  in  any 
term  of  six  years ;  he  shall  be  at  least  thirty  years  of  age,  shall  be  a 
native  citizen  of  the  United  States,  and  shall  have  resided  in  this 
State  at  least  four  years  next  preceding  the  day  of  his  election. 

Sec.  5.  He  shall,  at  stated  times,  receive  a  compensation  for  his 
services,  which  shall  not  be  increased  or  diminished  during  the  term 
for  which  he  shall  have  been  elected. 

Sec.  6.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia  thereof,  except  when  they  shall  be  called 
into  the  service  of  the  United  States.  And  when  acting  in  the  service 
of  the  United  States,  the  general  assembly  shall  fix  his  rank. 

Sec.  7.  He  may  require  information  in  writing  from  the  officers  of 
the  executive  department,  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 

Sec.  8.<*  He  may,  by  proclamation,  on  extraordinary  occasions,  con- 
vene the  general  assembly  at  the  seat  of  government,  or  at  a  different 
place,  if  that  shall  have  become,  since  their  last  adjournment,  dan- 
gerous from  an  enemy,  or  from  contagious  disorders;  in  case  of  dis- 

"This  section  was  aiiieiuled  in  1840, 


104  Alabama-  1819 

agreement  between  the  two  houses,  with  resi>ect  to  the  time  of  adjourn- 
nieiit,  he  may  adjourn  them  to  such  time  as  he  shall  think  proper,  not 
Ixwond  the  day  of  the  next  [annual]  meeting  of  the  general  assembly. 

Sec.  J).  lie  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  government,  and  reconmiend  to  their 
consideration  such  measures  as  he  may  deem  expedient. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason 
and  impeachment,  he  shall  have  power  to  grant  reprieves  and  par- 
dons, and  remit  fines  and  forfeitures,  under  such  rules  and  regidations 
as  shall  be  prescribed  by  law.  In  cases  of  treason  he  shall  have 
power,  by  and  Avith  the  advice  and  consent  of  the  senate,  to  grant 
reprieves  and  pardons;  and  he  may,  in  the  recess  of  the  senate,  respite 
the  sentence  until  the  end  of  the  next  session  of  the  general  assembly. 

Sec.  12.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially,  and  the  present  seal  of  the 
Territory  shall  l)e  the  seal  of  the  State,  until  otherwise  directed  by 
the  general  assembly. 

Sec.  13.  All  connnissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Alabama,  be  sealed  with  the  State  seal,  signed  by  the 
governor,  and  attested  by  the  secretary  of  state. 

Sec.  14.  There  shall  be  a  secretary  of  state,  appointed  by  joint  vote 
of  both  houses  of  the  general  assembly,  who  shall  continue  in  office 
during  the  term  of  two  years.  He  shall  keep  a  fair  register  of  all 
official  acts  and  proceedings  of  the  governor,  and  shall,  when  required, 
lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative  thereto, 
before  the  general  assembly;  and  shall  perform  such  other  duties  as 
may  be  required  of  him  by  law. 

Sec.  15.  Vacancies  that  may  happen  in  offices,  the  appointment  to 
which  is  vested  in  the  general  assembly,  shall  be  filled  b}'  the  governor, 
during  the  recess  of  the  general  assembly,  by  granting  commissions 
which  shall  expire  at  the  end  of  the  next  session. 

Sec.  If).  Every  bill  which  shall  have  passed  both  houses  of  the 
general  assembly,  shall  be  presented  to  the  governor:  If  he  approve, 
he  shall  sign  it,  but  if  not,  he  shall  return  it  with  his  objections,  to  the 
house  in  which  it  shall  have  originated,  who  shall  enter  the  objections 
at  lar^e  upon  the  journals,  and  proceed  to  reconsider  it;  if,  after  such 
reconsideration,  a  majority  of  tlie  whole  number  elected  to  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered ;  if  approved 
by  a  majority  of  the  whole  number  elected  to  that  house,  it  shall 
become  a  law :  but  in  such  cases,  the  votes  of  both  houses  shall  be  de- 
termined by  yeas  and  nays;  and  the  names  of  the  memlx?rs  voting  for 
or  against  the  bill  shall  be  entered  on  the  journals  of  each  house  re- 
spectively: if  any  bill  shall  not  be  returned  by  the  governor  within 
five  days,  Sundays  excepted,  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it.  unless 
the  general  assembly,  by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  not  be  a  law. 

Sec.  17.  Every  order,  resolution,  or  vote,  to  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  questions  of  adjournment, 
shall  be  presented  to  the  governor,  and,  before  it  shall  take  effect,  be 
approved  by  him,  or  being  disapproved,  shall  be  repassed  by  both 


Alabama— 1819  105 

houses,  according  to  the  rules  and  limitations  prescribed  in  the  cases 
of  a  bill. 

Sec.  18.  In  case  of  the  impeachment  of  the  governor,  his  removal 
from  office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the 
State,  the  j^resident  of  the  senate  shall  exercise  all  the  power  and 
authority  appertaining  to  the  office  of  governor,  until  the  time  pointed 
out  by  this  constitution  for  the  election  of  governor  shall  arrive,  unless 
the  general  assembly  shall  provide  by  law  for  the  election  of  a  gov- 
ernor to  fill  such  vacancy,  or  until  the  governor  absent  or  impeached 
shall  return  or  be  acquitted. 

Sec.  19.  If,  during  the  vacancy  of  the  office  of  governor,  the  presi- 
dent of  the  senate  shall  bo  impeached,  removed  from  office,  refuse  to 
qualify,  resign,  die,  or  be  absent  from  the  State,  the  speaker  of  the 
house  of  representatives  shall,  in  like  manner,  administer  the  govem- 
ment. 

Sec.  20.  The  president  of  the  senate  and  speaker  of  the  house  of 
representatives  during  the  time  they  respectively  administer  the  gov- 
ernment, shall  receive  the  same  compensation  which  the  governor 
would  have  received,  had  he  been  employed  in  the  duties  of  his  office. 

Sec.  21.  The  governor  shall  always  reside,  during  the  session  of 
the  general  assembly,  at  the  place  where  their  session  may  be  held,  and 
at  all  other  times,  wherever,  in  their  opinion,  the  public  good  may 
require. 

Sec.  22.  No  person  shall  hold  the  office  of  governor,  and  any  other 
office  or  commission,  civil  or  military,  either  in  this  State,  or  under 
any  State,  or  the  United  States,  or  any  other  power,  at  one  and  the 
same  time. 

Sec\  23.  A  State  treasurer  and  a  comptroller  of  public  accounts 
shall  be  annually  elected,  by  a  joint  vote  of  both  houses  of  the  general 
assembly. 

Sec.  24.  A  sheriff  shall  be  elected  in  each  county  by  the  qualified 
electors  thereof,  who  shall  hold  his  office  for  the  term  of  three  years, 
unless  sooner  removed,  and  who  shall  not  be  eligible  to  serve  either 
as  principal  or  deputy  for  the  three  succeeding  years.  Should  a 
vacancy  occur  subsequent  to  an  election,  it  shall  be  filled  by  the  gov- 
ernor, as  in  other  cases,  and  the  person  so  appointed  shall  continue 
in  office  until  the  next  general  election,  when  such  vacancy  shall  be 
filled  by  the  qualified  electors,  and  the  sheriff  then  elected  shall  con- 
tinue in  office  three  years. 

MILITIA 

Section  1.  The  general  assembly  shall  provide  by  law  for  organ- 
izing and  disciplining  the  militia  of  this  State,  in  such  manner  as 
they  shall  deem  expedient,  not  incompatible  with  the  Constitution 
and  laws  of  the  United  States  in  relation  thereto. 

Sec.  2.  Any  person,  who  conscientiously  scruples  to  bear  arms, 
shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for  per- 
sonal service. 

Sec.  3.  The  governor  shall  have  power  to  call  forth  the  militia  to 
execute  the  laws  of  the  State,  to  suppress  insurrections,  and  to  repel 
invasions. 

Sec.  4.  All  officers  of  the  militia  shall  be  elected  or  appointed  in 
such  manner  as  may  be  prescribed  by  law :  Provided,  That  the  gen- 


1()()  Alabama— 1819 

eral  assembly  shall  not  make  any  such  elections  or  appointments, 
other  than  those  of  adjutants-general  and  quartermasters-general. 

Sec.  5.  The  governor  shall  appoint  his  aides-de-camp;  major-gen- 
erals, their  aides-de-camp,  and  all  other  division  and  statf-officei-s; 
brigadier-generals  shall  appoint  their  aides,  and  all  other  brigade 
staff-officers;  and  colonels  shall  jippoint  their  regimental  staff-officers. 

Skc.  (i.  The  general  assembly  shall  fix  by  law  the  method  of  divid- 
ing the  militia  into  brigades,  regiments,  battalions,  and  companies, 
and  shall  fix  the  rank  or  all  staff-officei-s. 


Aktk'lk  V 

,  JllDlCIAI.    DEl'AKTMENT 

Section  1.  The  judicial  power  of  this  State  shall  1x5  vested  in  one 
supreme  court,  circuit  courts  to  be  held  in  each  county  in  the  State, 
and  such  inferior  courts  of  law  and  equity,  to  consist  of  not  more 
than  five  members,  as  the  general  assembly  may,  from  time  to  time, 
direct,  ordain  and  establish. 

Sec.  2.  The  supreme  court,  except  in  cases  otherwise  directed  by 
this  constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
l)e  co-extensive  with  the  State,  under  such  restrictions  and  regula- 
tions, not  repugnant  to  this  constitution,  as  may,  from  time  to  time, 
be  prescribed  by  law :  Provided,  That  the  supreme  court  shall  have 
power  to  issue  writs  of  injunction,  ninnduiniiH,  quo  vmrranto,  haheas 
corpuH,  and  such  other  remedial  and  original  writs  as  may  Ixi  neces- 
sary to  give  it  a  general  superintendence  and  control  of  inferior 
jurisdictions. 

Sec.  3.  Until  the  general  assembly  shall  otherwise  prescribe,  the 
powers  of  the  supreme  court  shall  be  vested  in,  and  its  duties  shall 
be  performed  by,  the  judges  of  the  several  circuit  courts  within  this 
State;  and  they,  or  a  majority  of  them,  shall  hold  such  sessions  of 
the  supreme  court,  and  at  such  times  as  may  be  directed  by  law :  /*;•(?- 
rided.  That  no  judge  of  the  supreme  court  shall  lie  appointed  before 
the  commencement  of  the  first  session  of  the  general  assembly,  which 
shall  be  Ix^gun  and  held  after  the  first  day  of  January,  in  the  year  one 
thousand  eight  hundred  and  twenty-five. 

Sec.  4.  The  supreme  court  shall  be  holden  at  the  seat  of  govern- 
ment, but  may  adjourn  to  a  different  place,  if  that  shall  have  become 
dangerous  from  an  enemy  or  from  disease. 

Sec.  5.  The  State  shall  be  divided  into  convenient  circuits,  and 
each  circuit  shall  contain  not  less  than  three,  nor  more  than  six 
counties;  and  for  each  circuit  there  shall  be  appointed  a  judge,  who 
shall,  after  his  appointment,  reside  in  the  circuit  for  which  ne  may 
be  appointed. 

Sec.  (5.  The  circuit  court  shall  have  original  jurisdiction  in  alf 
matters,  civil  and  criminal,  within  this  State,  not  otherwise  excepted 
in  this  constitution ;  but  in  civil  cases,  only  when  the  matter  or  smn 
in  controversy  exceeds  fifty  dollars. 

Sec.  7.  A  circuit  court  shall  Ije  held  in  each  county  in  the  State,  at 
least  twice  in  everv  year,  and  the  judges  of  the  several  circuit  courts 
mav  hold  courts  for  eacli  other,  when  they  may  deem  it  expedient, 
and  shall  do  so  when  directed  by  law. 


Alabama— 1819  107 

Sec.  8.  The  general  assembly  shall  have  power  to  establish  a  court 
or  courts  of  chancery,  with  original  and  appellate  equity  jurisdiction ; 
and  until  the  establishment  of  such  court  or  courts,  the  said  jurisdic- 
tion shall  be  vested  in  the  judges  of  the  circuit  courts  respectively: 
Provided,  That  the  judges  of  the  several  circuit  courts  shall  have 
power  to  issue  writs  or  injunction,  returnable  into  the  courts  of 
chancery. 

Sec,  9.  The  general  assembly  shall  have  power  to  establish,  in  each 
county  within  this  State,  a  court  of  probate,  for  the  granting  of  let- 
ters testamentary  and  of  administration,  and  for  orphans'  business. 

Sec.  10.  A  competent  number  of  justices  of  the  peace  shall  be  ap- 
pointed in  and  for  each  county,  in  such  mode  and  for  such  term  of 
office  as  the  general  assembly  may  direct.  Their  jurisdiction  in  civil 
cases  shall  be  limited  to  causes  in  which  the  amount  in  controversy 
shall  not  exceed  fifty  dollars.  And  in  all  cases,  tried  by  a  justice  of 
the  peace,  right  of  ajjpeal  shall  be  secured,  under  such  rules  and  regu- 
lations as  may  be  prescribed  by  law. 

Sec.  11.  Judges  of  the  supreme  and  circuit  courts,  and  courts 
of  chancery,  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  be  fixed  by  law,  and  shall  not  be  diminished 
during  their  continuance  in  office;  but  they  shall  receive  no  fees  or 
perquisites  of  office,  nor  hold  any  other  office. of  profit  or  trust  under 
this  State,  the  United  States,  or  any  other  power. 

Sec.  12."  Chancellors,  judges  of  the  supreme  court,  [judges  of  the 
circuit  courts,  and  judges  of  the  inferior  courts,]  shall  be  elected  by 
joint  vote  of  both  houses  of  the  general  assembly. 

[Sec.  13.^  The  judges  of  the  several  courts  in  this  State  shall  hold 
their  offices  during  good  behavior;  and  for  wilful  neglect  of  duty, 
or  other  reasonable  cause,  which  shall  not  be  sufficient  ground  for 
impeachment,  the  governor  shall  remove  any  of  them,  on  the  address 
of  two-thirds  of  each  house  of  the  general  assembly ;  Provided,  how- 
ever, That  the  cause  or  causes  for  which  such  removal  shall  be  re- 
quired, shall  be  stated  at  length  in  such  address,  and  entered  on  the 
journals  of  each  house:  And  provided  further.  That  the  cause  or 
causes  shall  be  notified  to  the  judge  so  intended  to  be  removed,  and 
he  shall  be  admitted  to  a  hearing  in  his  own  defence,  before  any  vote 
for  such  address  shall  pass;  and  in  all  such  cases  the  vote  shall  be 
-taken  by  yeas  and  nays,  and  entered  on  the  journals  of  each  house 
respectively;  And  provided,  also,  That  the  judges  of  the  several  cir- 
cuit courts,  who  shall  be  appointed  before  the  commencement  of  the 
first  session  of  the  general  assembly,  which  shall  be  begun  and  held 
after  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  twenty-five,  shall  only  hold  their  offices  during 
good  behavior,  until  the  end  of  the  said  session,  at  which  time  their 
commissions  shall  expire,] 

«  Sec.  14.  No  person  who  shall  have  arrived  at  the  age  of  seventy 
years  shall  be  appointed  to,  or  continue  in,  the  office  of  judge  in  this 
State. 

Sec.  15.  Clerks  of  the  circuit  and  inferior  courts  in  this  State  shall 
be  elected  by  the  qualified  electors  in  each  county,  for  the  term  of 
four  years,  and  may  be  removed  from  office  for  such  causes  and  in 

«  This  section  was  amended  in  1850. 
b  This  section  was  amended  in  18.30. 


108  Alabama— 1819 

such  iimnner  as  may  l)e  prescribed  by  law ;  and  should  a  vacancy 
occur,  subsequent  to  an  election,  it  shall  be  filled  by  the  judge  or 
jud«j^es  of  the  courts  in  which  such  vacancy  exists;  and  the  person  so 
appointed  shall  hold  his  office  until  the  next  general  election;  /*ro- 
vuh'd,  however^  That  after  the  year  one  thousand  eight  hundred  and 
twenty-six,  the  general  assembly  may  prescribe  a  ditferent  mode  of 
appointment,  but  shall  not  make  such  a])pointment. 

Skc.  IC).  The  judges  of  the  supreme  court  shall,  by  virtue  of  their 
offices,  be  conservatoi-s  of  the  peace  throughout  the  State ;  as  also  the 
judges  of  the  circuit  courts  in  their  respective  districts,  and  judges 
of  the  inferior  courts  in  their  respective  counties. 

Skc.  17.  The  stvle  of  all  process  shall  Ije  'T//^;  State  of  JA//»^///m," 
and  all  prosecutions  shall  l)e  carried  on  in  the  name  and  l)v  the 
authority  of  the  State  of  Alabama,  and  shall  conclude  ''  against  the 
I)eace  and  dignity  of  the  same." 

Skc.  18.  There  shall  l>e  an  attorney-general  for  the  State,  and  as 
many  solicitors  as  the  general  assembly  may  deem  necessary,  to  l)e 
elected  by  a  joint  vote  thereof,  who  shall  hold  their  offices  for  the 
term  of  four  veal's,  and  shall  receive  for  their  services  a  compensation, 
which  shall  not  be  diminished  during  their  continuance  in  office. 

IMPEACHMENTS 

Section  1.  The  house  of  representatives  shall  have  the  sole  power 
of  impeaching. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  senate :  w  hen  sitting 
for  that  purpose,  the  senators  shall  be  on  oath  or  affirmation ;  and  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  members  present. 

Sec.  3.  The  governor  and  all  civil  officers  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office;  but  judgment  in  such  cases  shall 
rot  extend  further  than  removal  from  office,  and  to  disqualification 
to  hold  any  office  of  honor,  trust,  or  profit,  under  the  State;  but  the 
party  convicted  shall,  nevertheless,  be  liable  and  subject  to  indictment, 
trial,  and  punishment,  according  to  law. 

Article  VI 

GENERAL   PROVISIONS 

Sectiox  1.  The  members  of  the  general  assembly,  and  all  officers, 
executive  and  judicial,  before  they  enter  on  the  execution  of  their 
respective  offeces,  shall  take  the  following  oath  or  affirmation,  to  wit : 
"  I  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will  support 
the  Constitution  of  the  United  States,  and  the  constitution  of  the 
State  of  Alabama,  so  long  as  I  continue  a  citizen  thereof,  and  that  I 
will  faithfully  discharge,  to  the  best  of  my  abilities,  the  duties  of 
,  according  to  law :  So  help  me  God. 

Sec.  2.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
>io  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open 
court. 


Alabama— 1819  109 

Sec.  3.  The  general  assembly  shall  have  power  to  pass  such  penal 
laws  to  suppress  the  evil  practice  of  duelling,  extending  to  disquali- 
fication from  office  or  the  tenure  thereof,  as  they  may  deem  expedient. 

Sec.  4.  P^very  person  shall  be  disqualified  from  holding  any  offi(.'e 
or  place  of  honor  or  profit,  under  the  authority  of  the  State,  who  shall 
be  convicted  of  having  given  or  offered  any  bribe  to  procure  his 
election  or  appointment. 

Sec.  5.  Laws  shall  be  made  to  exclude  from  office,  from  suffrage, 
and  from  serving  as  jurors,  those  who  shall  hereafter  be  convicted  of 
bribery,  perjury,  forgery,  or  other  high  crimes  or  misdemeanors. 
The  privilege  of  free  suffrage  shall  be  supported  by  laws  regulating 
elections,  and  prohibiting,  under  adequate  penalties,  all  undue  influ- 
ence thereon,  from  power,  bribery,  tumult,  or  other  improper  con- 
duct. 

Sec.  ().  In  all  elections  by  the  general  assembly,  the  members 
thereof  shall  vote  viva  voce,  and  the  votes  shall  be  entered  on  the 
journals. 

Sec.  7.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  an  appropriation  made  by  law;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  moneys 
shall  be  published  annually. 

Sec.  8.  All  lands  liable  to  taxation  in  this  State,  shall  be  taxed  in 
proportion  to  their  value. 

Sec.  9.  The  general  assembly  shall  direct,  by  law,  in  what  manner, 
and  in  what  courts,  suits  may  be  brought  against  the  State. 

Sec.  10.  It  shall  be  the  duty  of  the  general  assembly  to  regulate, 
by  law,  the  cases  in  which  deductions  shall  be  made  from  the  salaries 
of  public  officers,  for  neglect  of  duty  in  their  official  capacities,  and 
the  amount  of  such  deduction. 

Sec.  11.  Absence  on  business  of  this  State,  or  of  the  United  States, 
or  on  a  visit,  or  necessary  private  business,  shall  not  cause  a  forfeiture 
of  a  residence  once  obtained. 

Sec.  12.  No  member  of  Congress,  nor  any  person  holding  any 
office  of  profit  or  trust  under  the  United  States,  (the  office  or  post- 
master excepted,)  or  either  of  them,  or  any  foreign  power,  shall  hold 
or  exercise  any  office  of  profit  under  this  State. 

Sec.  13.  Divorces  from  the  bonds  of  matrimony  shall  not  be 
granted  but  in  cases  provided  for  by  law,  by  suit  in  chancery ;  and  no 
decree  for  such  divorce  shall  have  effect,  until  the  same  shall  be 
sanctioned  by  two-thirds  of  both  houses  of  the  general  assembly. 

Sec.  14.  In  prosecutions  for  the  publishing  of  papers  investigating 
the  official  conduct  of  officers  or  men  in  public  capacity,  or  when  the 
matter  published  is  proper  for  public  information,  the  truth  thereof 
may  be  given  in  evidence;  and  in  all  indictments  for  libels,  the  jury 
shall  have  a  right  to  determine  the  law  and  the  facts,  under  the 
direction  of  the  courts. 

Sec.  15.  Returns  of  all  elections  for  officers,  who  are  to  be  commis- 
sioned by  the  governor,  and  for  members  of  the  general  assembly, 
shall  be  made  to  the  secretary  of  state. 

Sec.  16.  No  new  county  shall  be  established  by  the  general  assem- 
bly, which  shall  reduce  the  county  or  counties,  or  either  of  them,  from 
which  it  shall  be  taken,  to  a  less  content  than  nine  hundred  square 
miles;  nor  shall  any  county  be  laid  off  of  less  contents.  Every  new 
7251— VOL  1--07 10 


110  Alabama— 1819 

county,  as  to  the  rig^ht  of  sulFrage  and  representation,  shall  be  con- 
sidered as  a  part  of  the  county  or  counties  from  which  it  was  taken, 
until  entitled  by  numbers  to  the  right  of  separate  representation. 

Sec.  17.  The  general  assembly  shall,  at  their  first  session,  which 
nuiy  Ix'  holden  in  the  year  eighteen  hundred  and  twenty-eight,  or  at 
the  next  succeeding  session,  arrange  and  designate  boundaries  for  the 
several  counties  within  the  limits  of  this  State  to  which  the  Indian 
title  shall  have  been  extinguished,  in  such  manner  as  they  may  deem 
expedient,  which  boundaries  shall  not  be  afterward  altered,  unless  by 
the  agreement  of  two-thirds  of  both  branches  of  the  general  assembly ; 
:uul  in  all  cases  of  ceded  territory  acquired  by  the  State,  the  general 
assembly  may  make  such  arrangements  and  designations  of  the 
boundaries  of  counties  within  such  ceded  territory,  as  they  may  deem 
expedient,  which  only  shall  be  altered  in  like  manner:  Prorided^ 
That  no  county,  hereafter  to  be  formed,  shall  be  of  less  extent  than 
nine  hundred  squan»  miles. 

Sec.  18.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such 
laws  as  may  be  necessary  and  proper  to  decide  differences  by  arbi- 
trators, to  be  appointed  by  the  parties,  who  may  choose  that  sum- 
mary mode  of  adjustment. 

Sec.  19.  It  shall  be  the  dutv  of  the  general  assembly,  as  soon  as 
circumstances  will  permit,  to  :form  a  penal  code,  founded  on  princi- 
ples of  reformation,  and  not  of  vindictive  justice. 

Sec.  20.  Within  five  years  after  the  adoption  of  this  constitution, 
the  body  of  our  laws,  civil  and  criminal,  shall  be  revised,  digested, 
and  arranged,  under  proper  heads,  and  promulgated  in  such  manner 
as  the  general  assembly  may  direct;  and  a  like  revision,  digest,  and 
promulgation,  shall  be  made  within  every  subsequent  period  of  ten 
years. 

Sec.  21.  The  general  assembly  shall  make  provisions  by  law  for  ob- 
taining correct  knowledge  of  the  several  objects  proper  for  improve- 
^  ment  in  relation  to  the  navigable  w  aters,  and  to  the  roads  in  this 
State,  and  for  making  a  systematic  and  economical  application  of  the 
means  appropriated  to  those  objects. 

Sec.  22.  In  the  event  of  the  annexation  of  any  foreign  territory  to 
this  State,  by  a  cession  from  the  United  States,  laws  may  be  pas.sed, 
extending  to  the  inhabitants  of  such  territory  all  the  rights  and  privi- 
leges which  may  be  required  by  the  terms  of  such  cession;  anything  in 
this  constitution  to  the  contrary  notwithstanding. 

KDCCATIOX 

Schools,  and  the  means  of  education,  shall  forever  be  encouraged  in 
this  State;  and  the  general  assembly  shall  take  measures  to  preserve, 
from  unnecessary  waste  or  damage,  such  lands  as  are  or  hereafter 
may  l)e  granted  by  the  United  States  for  the  use  of  sehools  within 
each  township  in  this  State,  and  apply  the  funds,  which  may  be 
raised  from  such  lands,  in  strict  conformity  to  the  object  of  such 
grant.  The  general  assembly  shall  take  like  measures  for  the  im- 
provement 01  such  lands  as  have  been  or  may  be  hereafter  granted 
by  the  United  States  to  this  State,  for  the  support  of  a  seminary  of 
learning,  and  the  moneys  which  may  be  raised  from  such  lands,  by 
rent,  lease,  or  sale,  or  from  any  other  quarter,  for  the  purpose  afore- 
said, shall  be  and  remain  a  fund  for  the  exclusive  support  of  a  State 


Alabama— 1819  111 

university,  for  the  promotion  of  the  arts,  literature  and  the  sciences; 
and  it  shall  be  the  duty  of  the  general  assembly,  as  early  as  may  be, 
to  provide  effectual  means  for  the  improvement  and  permanent 
security  of  the  funds  and  endowments  of  such  institution. 

ESTABLISHMENT  OF   BANKS 

Section  1.  One  State  bank  may  be  established,  with  such  number 
of  branches  as  the  general  assembly  may,  from  time  to  time,  deem 
expedient:  Provided,  That  no  branch  bank  shall  be  established,  nor 
bank  charter  renewed,  under  the  authority  of  this  State,  without  the 
concurrence  of  tAvo-thirds  of  both  houses  of  the  general  assembl}' ; 
And  provided,  also,  That  not  more  than  one  bank  nor  branch  bank 
shall  be  established,  nor  bank  charter  renewed,  at  any  one  session  of 
the  general  assembly,  nor  shall  any  bank  or  branch  bank  be  estab- 
lished, or  bank  charter  renewed,  but  in  conformity  with  the  follow- 
ing rules : 

1.  At  least  two-fifths  of  the  capital  stock  shall  be  reserved  for  the 
State. 

2.  A  proportion  of  power  in  the  direction  of  the  bank  shall  be 
reserved  to  the  State  equal  at  least  to  its  proportion  of  stock  therein. 

3.  The  State,  and  the  individual  stockholders,  shall  be  liable, 
respectively,  for  the  debts  of  the  bank,  in  proportion  to  their  stock 
holden  therein. 

4.  The  remedy  for  collecting  debts  shall  be  reciprocal,  for  and 
against  the  bank. 

5.  No  bank  shall  commence  operations,  until  half  of  the  capital 
stock  subscribed  for  be  actually  paid  in  gold  or  silver,  which  amount 
shall,  in  no  case,  be  less  than  one  hundred  thousand  dollars. 

f).  In  case  any  bank  or  branch  bank  shall  neglect  or  refuse  to  pay, 
on  demand,  any  bill,  note,  or  obligation,  issued  by  the  corporation 
according  to  the  promise  therein  expressed,  the  holder  of  any  such* 
note,  bill,  or  obligation,  shall  be  entitled  to  receive  and  recover  inter- 
est thereon,  until  the  same  shall  be  paid,  or  specie  pajnnents  are 
resumed,  by  said  bank,  at  the  rale  of  tweh'e  per  cent,  per  annum 
from  the  date  of  such  demand,  unless  the  general  assembly  shall 
sanction  such  suspension  of  specie  payments,  and  the  general  assem- 
bly shall  have  power,  after  such  neglect  or  refusal,  to  adopt  such 
measures  as  they  may  deem  proper,  to  protect  and  secure  the  rights 
of  all  concerned,  and  to  declare  the  charter  of  such  bank  forfeited. 

7.  After  the  establishment  of  a  general  State  bank,  the  banks  of 
this  State  now  existing  may  be  admitted  as  branches  thereof,  upon 
such  terms  as  the  legislature  and  the  said  banks  may  agree,  subject, 
nevertheless,  to  the  preceding  rules. 

SLAVES 

Section  1.  The  general  assembly  shall  have  no  power  to  pass  laws 
for  the  emancipation  of  slaves,  without  the  consent  of  their  owners, 
or  without  paying  their  owners,  previous  to  such  emancipation,  a  full 
equivalent  in  money  for  the  slaves  so  emancipated.  They  shall  have 
no  power  to  prevent  emigrants  to  this  State  from  bringing  with  them 
such  persons  as  are  deemed  slaves  by  the  laws  of  any  one  of  the 


112  '  Alabama— 1819 

United  States,  .so  long  as  any  ])erson  of  the  same  age  or  description 
shall  be  continued  in  slavery  by  the  laws  of  this  State:  Pi'orkled, 
That  such  person  or  slave  be  the  bona-fde  property  of  such  emi- 
^ants:  A/ta  provided,  also,  That  laws  may  be  passed  to  prohibit  the 
introduction  into  this  State  of  slaves  who  have  committed  high 
crimes  in  other  States  or  Territories.  They  shall  have  power  to  pass 
laws  to  ])ermit  the  owners  of  slaves  to  emancipate  them,  saving  the 
rights  of  creditors,  and  preventing  them  from  becomin*^  a  public 
charge.  They  shall  have  full  power  to  prevent  slaves  trom  being 
brought  into  this  State  as  merchandise,  and  also  to  ol)lige  the  owners 
of  slaves  to  treat  them  Avith  humanity,  to  provide  for  them  necessary 
food  and  clothing,  to  abstain  from  all  injuries  to  them  extending  to 
life  or  limb,  and,  in  case  of  their  neglect,  or  refusal  to  comply  with 
the  directions  of  such  laws,  to  have  such  slave  or  slaves  sold  for  the 
benefit  of  the  owner  or  owners. 

Sec.  2.  In  the  prosecution  of  slaves  for  crimes,  of  higher  grade 
than  petit  larceny,  the  general  asseinbly  shall  have  no  power  to 
deprive  them  of  an  impartial  trial  by  a  petit  jury. 

Sec.  3.  Any  person  Avho  shall  maliciously  dismember  or  deprive  a 
slave  of  life,  shall  suffer  such  punishment  as  would  be  inflicted  in  case 
the  like  offence  had  been  committed  on  a  free  white  person,  and  on 
the  like  proof;  except  in  case  of  insurrection  of  such  slave. 

MODE    OF    AMENDING    AND    REVISING    THE    CONSTITUTION 

The  general  assembly,  whenever  two-thirds  of  each  house  shall 
deem  it  necessary,  may  propose  amendments  to  this  constitution, 
which  proposed  amendments  shall  be  duly  published  in  print,  at  least 
three  months  before  the  next  genei'al  election  of  representatives,  for 
the  consideration  of  the  people,  and  it  shall  be  the  duty  of  the  sev- 
eral returning  oflicers,  at  the  next  general  election  which  shall  be  held 
for  representatives',  to  open  a  poll  for.  and  make  a  return  to  the  sec- 
retary of  state  for  the  time  being,  of  the  names  of  all  those  voting 
for  representatives,  who  have  voted  on  such  proposed  amendments, 
and  if  thereupon  it  shall  aj^pear  that  a  majority  of  all  the  citizens 
of  this  State,  voting  for  representatives,  have  voted  in  favor  of  such 
proposed  amendments,  and  two-thirds  of  each  house  of  the  next  gen- 
eral assembly,  shall,  after  such  an  election,  and  before  another,  ratify 
the  same  amendments  by  yeas  and  nays,  they  shall  be  valid,  to  all 
intents  and  purposes,  as  parts  of  this  constitution:  Prorided.  That 
the  said  proposed  amendments  shall,  at  each  of  the  said  sessions, 
have  been  read  three  times,  on  three  several  days,  in  each  house. 

Schedule 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  lorri- 
torial  to  a  permanent  State  government,  it  is  declared  that  all  rights, 
actions,  prosecutions,  claims,  and  contracts,  as  well  of  individuals  as 
of  bodies  corporate,  shall  continue  as  if  no  such  change  had  taken 
place:  and  all  process,  which  shall.  l)efore  the  third  IMonday  in  Sep- 
tember next,  be  issued  in  the  name  of  the  Alabama  Territory,  shall  be 
as  valid  as  if  issued  in  the  name  of  the  State. 

Sec.  2.  All  fines,  penalties,  forfeitures,  and  escheats,  accruing  to  the 
Alabama  Territory,  shall  accrue  to  the  use  of  the  State. 


Alabama— 1819  113 

Sec.  3.  The  validity  of  all  bonds  and  recognizances  executed  to  the 
governor  of  the  Alabama  Territory,  shall  not  be  impaired  by  the 
change  of  government,  but  may  be  sued  for  and  recovered  in  the  name 
of  the  governor  of  the  State  of  Alabama  and  his  successors  in  office ; 
and  all  criminal  or  penal  actions,  arising  or  now  depending  within 
the  limits  of  this  State,  shall  be  prosecuted  to  judgment  and  execu- 
tion in  the  name  of  said  State,  all  causes  of  action  arising  to  indi- 
viduals, and  all  suits  at  law  or  in  equity,  now  depending  in  the  sev- 
ei'al  courts  within  the  limits  of  this  State,  and  not  already  barred  by 
law,  may  be  commenced  in,  or  transferred  to,  such  courts  as  may 
have  jurisdiction  thereof. 

Sec.  4.  All  officers,  civil  or  military,  now  holding  commissions 
under  the  authority  of  the  United  States  or  of  the  Alabama  Terri- 
tory, within  this  State,  shall  continue  to  hold  and  exercise  their 
respective  offices  under  the  authority  of  this  State,  until  they  shall 
be  superseded  under  the  authority  of  this  constitution,  and  shall 
receive  from  the  treasury  of  this  State  the  same  compensation  which 
they  heretofore  received,  in  proportion  to  the  time  they  shall  be 
so  employed.  The  governor  shall  have  power  to  fill  vacancies  by 
commissions,  to  expire  so  soon  as  elections  or  appointments  can  bo 
made  to  such  offices  by  authority  of  this  constitution. 

Sec.  5.  All  laws,  and  parts  of  laws,  now  in  force  in  the  Alabama 
Territory,  which  are  not  repugnant  to  the  provision  of  this  consti- 
tution, shall  continue  and  remain  in  force  as  the  laws  of  this  State, 
until  they  expire  by  their  own  limitation,  or  shall  be  altered,  or 
repealed,  by  the  legislature  thereof. 

Sec.  6.  Every  white  male  person  above  the  age  of  twenty-one  years, 
who  shall  be  a  citizen  of  the  United  States,  and  resident  in  this  State 
at  the  time  of  the  adoption  of  this  constitution,  shall  be  deemed  a 
qualified  elector  at  the  first  election  to  be  holden  in  this  State.  And 
every  white  male  person  who  shall  reside  within  the  limits  of  this 
State  at  the  time  of  the  adoption  of  this  constitution,  and  shall  be 
otherwise  qualified,  shall  be  entitled  to  hold  any  office  or  place  of 
honor,  trust,  or  profit  under  this  State ;  anything  in  this  constitution 
to  the  contrary  notwithstanding. 

Sec.  T.  The  president  of  this  convention  shall  issue  writs  of  election 
directed  to  the  sheriffs  of  the  several  counties,  requiring  them  to  cause 
an  election  to  be  held  for  a  governor,  representative  to  the  Congress 
of  the  United  States,  members  of  the  general  assembly,  clerks  of  the 
several  courts,  and  sheriffs  of  the  respective  counties,  at  the  respective 
places  of  election  in  said  counties,  on  the  third  Monday  and  the  day 
following  in  September  next,  which  elections  shall  be  conducted  in 
the  manner  prescribed  by  the  existing  election  laws  of  the  Alabama 
Territory ;  and  the  said  governor  and  members  of  the  general  assem- 
bly, then  duly  elected,  shall  continue  to  discharge  the  duties  of  their 
respective  offices,  for  the  time  prescribed  by  this  constitution,  and 
until  their  successors  shall  be  duly  qualified. 

Sec.  8.  Until  the  first  enumeration  shall  be  made,  as  directed  by 
this  constitution,  the  county  of  Autauga  shall  be  entitled  to  two  repre- 
sentatives; the  county  of  Baldwin  to  one  representative:  the  county 
of  Blount  to  three  representatives;  the  county  of  Cahawba  to  one 
representative;  the  county  of  Clarke  to  two  representatives;  the 
county  of  Conecuh  to  two  representatives;  the  county  of  Cotaco  to 


114  Alabama— 1830 

two  representatives;  the  county  of  Dallas  to  two  representatives;  the 
county  of  Franklin  to  two  representatives;  the  county  of  Lauderdale 
to  two  representatives;  the  county  of  Lawrence  to  two  representa- 
tives; the  county  of  Madison  to  eijjht  re|)resentatives;  the  county  of 
Marion  to  one  representative :  the  county  of  Monroe  to  five  repre- 
sentatives; tlu'  county  of  Montgomery  to  three  representatives;  the 
county  of  Mobile  to  one  representative;  the  county  of  Saint  Clair  to 
one  representative;  the  county  of  Shelby  to  two  rej)rese!itatives;  the 
county  of  Tuscah)osa  to  two  representatives;  and  the  county  of  AVash- 
ington  to  two  representatives.  And  each  county  shall  be  entitled  to 
one  senator,  who  shall  serve  for  one  term. 

Sec.  0.  The  oaths  of  office,  herein  directed  to  be  taken,  may  be  ad- 
ministered by  an^y  justice  of  the  peace,  until  the  general  assembly 
shall  otherwise  direct. 

Ordinanck 

This  convention,  for  "and  in  Ijehalf  of  the  people  inhabiting  this 
State,  do  accept  the  proposition  offered  by  the  act  of  Congress,  under 
which  they  are  assembled;  and  this  convention,  for  and  in  behalf  of 
the  people  inhabiting  this  State,  do  ordain,  agree,  and  declare,  that 
they  forever  disclaim  all  right  and  title  to  the  waste  or  unappro- 
priated lands  lying  within  this  State;  and  that  the  same  shall  be  and 
remain  at  the  sole  and  entire  disposition  of  the  United  States,  and, 
moreover,  that  each  and  every  tract  of  land,  sold  by  the  United  States 
after  the  first  day  of  September  next,  shall  be  and  remain  exempt 
from  any  tax,  laid  by  the  order  or  under  the  authority  of  this  State, 
whether  for  State,  county,  township,  parish,  or  any  other  purpose 
whatsoever,  for  the  term  of  five  years  from  and  after  the  respective 
days  of  sales  thereof;  and  that  the  lands  belonging  to  the  citizens 
of  the  United  States,  residing  out  of  the  limits  of  this  State,  shall 
never  be  taxed  higher  than  tne  lands  belonging  to  persons  residing 
therein,  and  that  no  tax  shall  be  imposed  on  the  property  of  the 
United  States;  and  that  all  navigable  waters  within  this  State  shall 
forever  remain  public  highways,  free  to  the  citizens  of  this  State 
and  of  the  United  States,  without  any  tax,  duty,  impost,  or  toll 
therefor,  imposed  by  this  State:  and  this  ordinance  is  hereby  declared 
irrevocable,  without  the  consent  of  the  United  States. 

Done  in  convention  at  Huntsville,  this  second  day  of  August,  in 
the  year  of  our  T^ord  one  thousand  eio^ht  hundred  and  nineteen,  and 
of  American  Independence  the  forty-fourth. 

J.  W.  Walkkr.  Presidriit. 

Attest: 

John  Campbeix,  Sefretari/. 

AMENDMENTS  TO   THE   CONSTITUTION  OF    1819 
(First— Adopted  January,  la*?©) 

Strike  out  the  thirteenth  section  of  the  fifth  article  of  constitution, 
and  in  lieu  thereof  insert  the  following: 

"The  judges  of  the  several  courts  of  this  State  shall  hold  their 
offices  for  the  term  of  six  years;  and  for  wilful  neglect  of  duty,  or 
other  reasonable  cause,  which  shall  not  l)e  sufficient  ground  for  im- 
peachment, the  governor  shall  remove  any  of  them  on  the  address 


Alabama— 1846-1850  115 

of  two-thirds  of  each  house  of  the  general  assembly :  Provided,  how- 
ever, That  the  cause  or  causes  for  which  such  removal  shall  be  re- 
quired, shall  be  stated  at  length  in  such  address,  and  entered  on  the 
journals  of  each  house:  And  proinded.,  further,  That  the  cause  or 
causes  shall  be  notified  to  the  judge  so  intended  to  be  removed,  and 
he  shall  be  admitted  to  a  hearing  in  his  own  defence,  before  any  vote 
for  such  address  shall  pass;  and  in  all  such  cases  the  vote  shall  be 
taken  by  yeas  and  nays,  and  entered  on  the  journals  of  each  house 
respectively:  And  prorided,  also.  That  the  judges  now  in  office  may 
hold  their  offices  until  the  session  of  the  general  assembly  which  shall 
be  held  in  the  year  one  thousand  eight  hundred  and  thirty-three,  and 
until  their  .successors  shall  be  elected  and  qualified,  unless  removed 
by  address  or  impeachment." 

(Second — Adopted  1846) 

Strike  out  the  words  "  one  year  "  where  they  occur  in  the  second 
section  of  the  third  article,  and  insert  in  lieu  thereof  "  two  years." 

Strike  out  the  Avords  "  every  year  "  Avhere  they  occur  in  the  third 
section  of  third  article,  and  insert  in  lieu  thereof  "  at  each  session." 

Strike  out  the  thirteen  section  of  the  third  article,  and  insert  in 
lieu  thereof  the  following:  "At  the  first  meeting  of  the  general  as- 
sembly after  the  adoption  of  the  proposed  amenaments,  the  senators 
when  convened  shall  be  divided  into  two  classes,  as  nearly  equal  as 
may  be.  The  seats  of  the  senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  two  next  ensuing  years ;  so  that  one-half  may 
be  biennially  chosen  thereafter,  and  a  rotation  thereby  kept  up  per- 
petually." 

Strike  out  the  twenty-ninth  section  of  the  third  article,  which  \wr- 
manently  locates  the  seat  of  government  in  this  State. 

Strike  out  the  word  "  annual  "  where  it  occurs  in  the  eight  section 
of  the  fourth  article,  and  insert  in  lieu  thereof,  "biennial.  ' 

(Third— Adopted  18.^)0) 

Strike  out  the  ninth  section  of  the  third  article  of  the  constitution, 
and  in  lieu  thereof  insert  the  following: 

"  Sec.  9.  The  general  assembly  shall  cause  ah  enumeration  to  be 
made  in  the  year  eighteen  hundred  and  fifty,  and  eighteen  hundred 
and  fifty-five,  and  every  ten  years  thereafter,  of  all  the  white  inhab- 
itants of  this  State;  and  the  whole  number  of  representatives  shall 
at  the  first  regular  session  after  such  enumeration,  be  apportioned 
among  the  several  counties,  cities,  or  towns  entitled  to  separate 
representation,  according  to  their  respective  number  of  white  inhab- 
itants, and  the  said  apportionment  when  made  shall  not  be  subject  to 
alteration  until  after  the  next  census  shall  be  taken.  The  number  of 
representatives  shall  not  exceed  one  hundred,  and  the  number  of 
senators  shall  not  exceed  thirty-three ;  yet  each  county,  notwithstand- 
ing it  may  not  have  a  number  of  white  inhabitants  equal  to  the  ratio 
fixed,  shall  have  one  representative." 

Strike  out  the  thirteenth  section  of  the  third  article  of  the  consti- 
tution, and  insert  in  lieu  thereof  the  following: 

"  Sec.  IB.  Senators  shall  be  chosen  for  the  term  of  four  years:  yet 
at  the  general  election  after  every  new  apportionment,  elections  shall 
bo  held  anew  in  every  senatorial  district;  and  the  senators  elected, 


116  Alahanm—1865 

when  convened  at  the  first  session,  shall  l>e  divided  bv  lot  int^  two 
classes,  as  nearly  equal  as  may  be :  the  seats  of  those  or  the  first  class 
shall  be  vacated  at  the  expiration  of  two  years,  and  those  of  the 
second  class  at  the  expiration  of  four  years,  dating  in  both  cases 
from  the  day  of  election,  so  that  one-half  may  be  biennially  chosen, 
except  as  above  pi-ovi<led." 

At  the  end  of  the  twelfth  section  of  the  fifth  article  of  the  consti- 
tution add — 

"  But  at  and  after  the  session  of  the  general  assembly  to  be  held  in 
the  winter  of  the  years  eighteen  hundred  and  forty-nine-fifty,  the 
general  asseml)ly  shall  provide  by  law  for  the  election  of  judges  of 
the  circuit  courts  by  the  qualified  electors  of  their  circuits  respec- 
tively, and  for  the  elections  of  judges  of  the  courts  of  probate  and 
other  inferio*-  courts  (not  including  chancellors)  by  tlie  qualified 
electors  of  the  counties,  cities,  or  districts  for  which  such  coiu'ts  may 
be  respectively  established;  the  first  Mondav  in  Novemln'r  in  any 
year  sliall  l)e  the  day  for  any  election  of  such  judges  by  the  people, 
or  such  other  day,  not  to  l)e  within  a  less  period  than  two  months  of 
the  general  election  for  governor,  members  of  the  general  assembly,  or 
members  of  Congress,  as  the  general  assembly  may  by  law  prescribes: 
but  no  change  to  be  made  in  any  circuit  or  district,  or  in  the  mode  or 
time  of  electmg,  shall  affect  the  right  of  any  judge  to  hold  office  dur- 
ing the  term  prescribed  by  the  constitution,  except  at  the  first  elec- 
tions thereof  to  be  made  by  the  people  after  the  ratification  of  these 
amendments  or  either  of  them,  which  elections  shall  then  all  ha  had 
on  the  same  day  throughout  the  State,  and  the  terms  of  the  judges 
then  to  be  elected  shall  commence  on  that  day :  vacancies  in  the  office 
of  judge  shall  l^e  filled  by  the  governor,  and  the  persons  appointed 
thereto  by  him  shall  hold  until  the  next  first  Monday  in  November, 
or  other  election  day  of  judges,  and  until  the  election  and  qualifica- 
tion of  their  successors  respectively;  and  the  general  assembly  shall 
have  power  to  annex  to  the  offices  of  any  of  the  judges  of  the  inferior 
courts  the  duties  of  clerks  of  such  courts  respectively.'' 

CONSTITUTION  OF  ALABAMA— 1865  *  « 

PREAMBLE 

We,  the  people  of  the  State  of  Alabama,  by  our  representatives  in 
convention  assembled;  in  order  to  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the  general 

♦Verified  by  "The  ConstiHutlon  and  Ordinances  Adopted  by  the  State  Con- 
vention «)f  Alabama  which  assembled  at  Montgomery,  on  the  Twelfth  Day  t)f 
Sei)tember  A.  1).  18(C  with  Index,  Analysis,  and  Table  of  Contents,  by  .J.  W. 
Shepherd.  Montgomery:  Gibson  &  Whltefield — State  Printers :  1.865."  (Api)en- 
dlx)  pp.  9-28. 

"An  ordinance  of  secession  from  the  United  States  was  adopted  by  a  conven- 
tion of  the  people  of  Alabama  on  the  11th  of  January,  1861,  and  that  convention 
made  such  changes  in  the  State  constitution  as  were  rendered  necessary  by  the 
transfer  of  allegiance  to  the  Confederate  States  governnient. 

When  Lewis  E.  Parsons  was  appointed  provisional  governor  of  Alabama  by  the 
President  of  the  United  States,  he  called  a  constitutional  convention,  which 
assembled  at  Montgomery  on  the  12th  of  September.  18«J.">.  Several  ordinances 
were  passed,  one  of  which  declared  the  ordinance  of  secession  of  1S<;1  null  and 
void,  and  the  above  constitution  was  adopted,  liut  not  subuiitte<l  to  the  pef)ple. 


Alabama— 186S  117 

welfare,  and  secure  to  ourselves  and  to  our  posterity  the  rights  of  life, 
liberty,  and  property ;  invoking  the  favor  and  guidance  of  Almighty 
God,  do  ordain  and  establish  the  following  constitution  and  form  of 
government  for  the  State  of  Alabama — that  is  to  say : 

Articlk  I 

DECLARATION    OK    KKJIITS 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  nuiy  be  recognized  and  established,  we  declare — 

Section  1.  That  no  man,  and  no  set  of  men,  ai'e  entitled  to  exclu- 
sive separate  public  emoluments  or  privileges,  but  in  consideration  of 
public  services. 

Sec.  2.  That  all  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  instituted  for 
their  benefit;  and  that,  therefore,  they  have  at  all  times  an  inalien- 
able and  indefeasible  right  to  alter,  reform,  or  abolish  their  form  of 
government,  in  such  manner  as  they  may  deen  expedient. 

Sec.  3.  That  no  person  within  this  State  shall,  upon  any  pretence 
whatever,  be  deprived  of  the  inestimable  privilege  of  worshipping 
God  in  the  manner  most  agreeable  to  his  own  conscience;  nor  be  hurt, 
molested,  or  restrained  in  his  religious  profession,  sentiments,  or  per- 
suasions, provided  he  does  not  disturb  others  in  their  religious 
worship. 

Sec.  4.  That  no  religion  shall  be  established  by  law ;  that  no  pref- 
erence shall  be  given  by  law  to  any  religious  sect,  society,  denomina- 
tion, or  mode  of  Avorship;  that  no  one  shall  be  compelled  by  law  to 
attend  any  place  of  worship,  nor  to  pay  any  tithes,  taxes,  or  other 
rate,  for  building  or  repairing  any  j)lace  of  Avorship,  or  for  maintain- 
ing any  minister  or  ministry ;  that  no  religious  test  shall  be  required 
as  a  qualification  to  any  office  or  public  trust  under  this  State;  and 
that  the  civil  rights,  privileges,  and  capacities  of  any  citizen  shall 
not  be  in  any  manner  affected  by  his  religious  principles. 

Sec.  5.  That  every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty. 

Sec.  G.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions,  from  unreasonable  seizures  or  searches;  and 
that  no  warrant  shall  issue  to  search  any  place,  or  to  seize  any  person 
or  thing,  without  describing  them  as  nearly  as  may  be,  nor  without 
probable  cause,  supported  by  oath  or  affirmation. 

Sec.  T.  That  in  all  criminal  prosecutions,  the  accused  has  a  right 
to  be  heard  by  himself  and  counsel,  to  demand  the  nature  and  cause  of 
the  accusation,  to  have  a  copy  thereof,  to  be  confronted  by  the  wit- 
nesses against  him,  to  have  compulsory  process  for  obtaining  witnesses 
in  his  favor,  and,  in  all  prosecutions  by  indictment  or  information,  a 
speedy  public  trial  by  an  impartial  jury  of  the  county  or  district  in 
which  the  offence  was  committed ;  and  that  he  shall  not  be  compelled 
to  give  evidence  against  himself,  nor  be  deprived  of  his  life,  liberty, 
or  property,  but  by  due  course  of  law. 

Sec.  8.  That  no  person  shall  be  accused,  arrested,  or  detained,  ex- 
cept in  cases  ascertained  by  law,  and  according  to  the  forms  which  the 
same  has  prescribed;  and  that  no  person  shall  be  punished,  but  by 


118  Alabama— 186S 

virtue  of  a  law  established  and  promulgated  prior  to  the  offence,  and 
legally  applied. 

Sec.  0.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded against  criminally  by  information :  except  in  cases  arising  in 
the  land  and  naval  forces,  or  in  the  militia  when  in  actual  service,  or, 
by  leave  of  the  court,  for  oppression  or  misdemeanor  in  office:  Pro- 
.vided.,  That  in  cases  of  petit  larceny,  assault,  assault  and  battery, 
affray,  unlawful  assemblies,  vagrancy,  and  other  misdemeanors,  the 
^neral  assembly  may  h\  law  disj^ense  with  a  gi*and  jury,  and  author- 
ize such  prosecutions  before  justices  of  the  jxnice,  or  such  other  in- 
ferior courts  as  may  Ix?  by  law^  established;  and  the  proceedings  in 
such  cases  shall  Ix^  regulated  by  law. 

Sec.  10.  That  no  person  shall,  for  the  same  offence,  l>e  twice  put  in 
jeopardy  of  life  or  limb. 

Sec.  11.  That  no  person  shall  be  debarred  from  prosecuting  or 
defending,  before  any  tribunal  in  this  State,  by  himself  or  counsel, 
any  civil  cause  to  which  he  is  a  party. 

Sec.  12.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  13.  That  in  prosecutions  for  the  publication  of  papers  inves- 
tigating the  official  conduct  of  officers  or  men  in  public  capacity,  or 
"when  the  matter  published  is  proper  for  public  information,  the  truth 
thereof  may  l)e  given  in  evidence;  and  that  in  all  indictments  for 
libels,  the  jury  shall  have  the  right  to  determine  the  law  and  the  facts, 
under  the  direction  of  the  court. 

Sec.  14.  That  all  courts  shall  be  open ;  and  that  every  p)erson,  for 
any  injury  done  him,  in  his  lands,  goods,  person  or  reputation,  shall 
have  a  remedy  by  due  course  of  law.  ancl  right  and  justice  admin- 
istered, without  sale,  denial,  or  delay. 

Sec.  15.  That  suits  may  be  brought  against  the  State,  in  such  man- 
ner, and  in  such  courts,  as  may  be  bv  law  provided. 

Sec.  Ifi.  That  excessive  fines  shall  not  he  imposed,  nor  cruel  punish- 
ments be  inflicted. 

Sec.  17.  That  all  persons  shall,  before  conviction,  be  bailable  by 
sufficient  sureties,  except  for  capital  offences,  when  the  proof  is  evi- 
dent, or  the  presumption  great;  and  that  excessive  bail  shall  not,  in 
any  case,  be  requir&d. 

Sec.  18.  That  the  privileg:es  of  the  writ  of  haheua  corpuH  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  19.  That  treason  against  the  State  shall  consist  only  in  levying 
war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort; and  that  no  person  sliall  be  convicted  of  treason,  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  his  own  confession 
in  open  court. 

Sec.  20.  That  no  person  shall  be  attainted  of  treason  by  the  Gen- 
eral Assembly;  and  that  no  conviction  shall  work  corruption  of  blood, 
or  forfeiture  of  estate. 

Sec.  21.  That  the  estates  of  suicides  shall  descend,  or  vest,  as  in 
cases  of  natural  death ;  and  that,  if  any  person  shall  be  killed  by  cas- 
ualty, there  shall  be  no  forfeiture  by  i'eason  thereof. 

Sec.  22.  That  the  person  of  a  debtor,  when  there  is  not  a  strong 
presumption  of  fraud,  shall  not  be  detained  in  prison,  after  delivering 
lip  his  estate,  for  the  benefit  of  his  creditors,  in  such  manner  as  shall 
be  prescribed  by  law. 


Alabama— 1865  119 

Sec.  23.  That  no  power  of  suspending  laws  shall  be  exercised, 
except  by  the  General  Assembly,  or  by  its  authority.  * 

Sec.  24.  That  no  ex  'post  facto  law,  nor  any  law  impairing  the  obli- 
gation of  contracts,  shall  be  made. 

Sec.  25.  That  private  i)roperty  shall  not  be  taken  or  applied  for 
public  use,  unless  just  compensation  be  made  therefor;  nor  shall  pri- 
vate property  be  taken  for  private  use,  or  for  the  use  of  corporations 
other  than  municipal,  without  the  consent  of  the  owner;  Provided,! 
however.  That  laws  may  be  made  securing  to  persons  or  corporations 
the  right  of  way  over  the  lands  of  other  persons  or  corporations,  and, 
for  works  of  internal  improvement,  the  right  to  establish  depots, 
stations,  and  turn-outs;  but  just  compensation  shall,  in  such  cases,  be 
first  made  to  the  owner. 

Sec.  26.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
aSvSemble  together  for  their  common  good,  and  to  apply  to  those  in- 
vested with  the  powers  of  government  for  redress  of  grievances,  or 
other  proper  purposes,  by  petition,  address,  or  remonstrance. 

Sec.  27.  That  every  citizen  has  a  right  to  bear  arms  in  defence  of 
himself  and  the  State. 

Sec.  28.  That  no  person,  who  conscientiously  scruples  to  bear  arms, 
shall  be  compelled  to  do  so,  but  may  pa}'^  an  equivalent  for  personal 
service. 

Sec.  29.  That  no  standing  army  shall  be  kept  up,  without  the  con- 
sent of  the  General  Assembly ;  and  in  that  case,  no  appropriation  for 
its  support  shall  be  for  a  longer  term  than  one  year;  and  that  the 
military  shall,  in  all  cases,  and  at  all  times,  be  in  strict  subordination 
to  the  civil  power. 

Sec.  80.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house,  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but 
in  a  manner  to  be  prescribed  by  law. 

Sec.  31.  That  no  title  of  nobility,  or  hereditary  distinction,  privi- 
lege, honor,  or  emolument,  shall  ever  be  granted  or  conferred  in  this 
State;  and  that  no  office  shall  be  created,  the  appointment  of  which 
shall  be  for  a  longer  term  than  during  good  behavior. 

Sec.  32.  That  emigration  from  this  State  shall  ^lot  be  prohibited, 
and  that  no  citizen  shall  be  exiled. 

Sec.  38.  That  temporary  absence  from  the  State  shall  not  cause  a 
forfeiture  of  residence  once  obtained. 

Sec.  34.  That  hereafter  there  shall  be  in  this  State  neither  slavery, 
nor  involuntary  servitude,  otherwise  than  for  the  punishment  of 
crime,  whereof  the  party  shall  have  been  duly  convicted. 

Sec.  35.  That  the  right  of  suffrage  shall  be  protected  by  laws  regu- 
lating elections,  and  prohibiting,  under  adequate  penalties,  all  undue 
influence  from  power,  bribery,  tumult,  or  other  improper  conduct. 

Sec.  30.  This  enumeration  of  certain  rights  shall  not  be  construed 
to  deny  or  disparage  others  retained  by  the  people;  and  to  guard 
against  any  encroachment  on  the  rights  hereby  retained,  or  any 
transgression  of  any  of  the  high  powers  by  this  constitution  dele- 
gated, we  declare,  that  everything  in  this  article  is  excepted  out  of 
the  general  powers  of  government,  and  shall  forever  remain  inviolate, 
and  that  all  laws  contrary  thereto,  or  to  the  following  provisions, 
shall  be  void. 


120  Alabama— 1866 

Article  II 

STATE    BOUNDARIES    AND    C^JUNTIES 

Section  1.  The  boundaries  of  this  State  are  established  and  de- 
clared to  l)e  as  follows — tliat  is  to  say:  Beginning  at  the  point  where 
the  thirty-first  degree  of  north  latitude  crosses  the  Perdido  River; 
thence  east,  to  the  western  boundary-line  of  the  State  of  Georgia; 
thence  along  said  line,  to  the  southern  l)Oundary-line  of  the  State  of 
Tennessee;  thence  west,  along  the  southern  boundary-line  of  the 
State  of  Teiuiessee,  crossing  the  Tennessee  Kiver,  and  on  to  the 
second  intersection  of  said  river  by  said  line;  thence  up  said  river 
to  the  mouth  of  liig  Hear  Creek ;  thence  by  a  direct  line  to  the  north- 
west corner  of  AVashington  County  in  this  State,  as  originally 
formed;  thence  southerly,  along  the  line  of  the  State  of  Mississippi, 
to  the  (lulf  of  Mexico;  theiu'e  easterly,  including  all  islands  within 
six  leagues  of  the  shore,  to  the  Perdido  River;  and  thence  up  the  said 
river,  to  the  l)eginning. 

Sec.  2.  The  General  Assembly  may,  by  a  vote  of  two-thirds  of 
both  branches  thereof,  arrange  and  designate  boundaries  for  the 
several  counties  of  this  State,  which  boundaries  shall  not  be  altered 
except  by  a  like  vote;  but  no  new  county  shall  be  hereafter  formed  of 
less  extent  than  six  hundred  square  miles,  nor  shall  any  existing 
county  be  reduced  to  a  less  extent  than  six  hundred  square  miles; 
and  no  county  shall  be  formed  not  containing  a  sufficient  number  of 
inhabitants  to  entitle  it  to  one  representative  under  the  existing  ratio 
of  representation,  nor  unless  the  counties  from  which  it  is  taken  shall 
be  left  with  the  required  number  entitling  them  to  separate  represen- 
tation. 

Article  III 

DISTRIBUTION   OF   POWDERS   OK   GOVERNMENT 

Section  1.  The  powers  of  the  government  of  the  State  of  Alabama 
shall  be  divided  into  three  distinct  departments,  each  of  which  shall 
he  confided  to  a  separate  body  of  magistracy — to  wit :  those  which  are 
legislative  to  one,  those  which  are  executive  to  another,  and  those 
which  are  judicial  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 

Article  IV 

LEGISLATIVE   DEPARTMENT 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  two 
distinct  branches,  the  one  to  be  styled  the  '■'Senate,''''  and  the  other  the 
''''House  of  Representatives,^'*  and  both  together  the  ''''General  Assembly 
of  the  State  of  Alabama.^'' 

Sec.  2.  All  laws  shall  be  passed  by  original  bill;  and  their  style 
shall  be,  ^^Be  it  enacted  by  the  Senate  and  House  of  Re presenta fives  of 
the  State  of  Alabama  in  General  Assembly  convened.^''    Each  law 


Alabama— 1865  121 

shall  embrace  but  one  subject,  which  shall  l>e  described  in  the  title; 
and  no  law,  or  any  section  of  any  law,  shall  be  revised  or  amended  by 
reference  only  to  its  title  and  number,  but  the  law  or  section  revised 
or  amended  shall  itself  be  set  forth  at  full  length. 

Sec.  8.  Members  of  both  houses  of  the  General  Assembly  shall  be 
chosen  by  the  qualified  electors ;  and  the  regulations  for  holding  such 
(lections  shall,  as  to  time,  place,  and  manner,  be  the  same  for  each 
liouse,  and  shall  be  prescribed  by  law.  After  the  special  election  to 
be  held  on  the  first  Monday  in  November,  1865,  such  elections  shall, 
until  otherwise  directed  by  law,  take  place  on  the  first  Monday  in 
August. 

Sec.  4.  No  person  who  holds  any  lucrative  office  under  the  United 
States,  or  under  this  State,  or  under  any  other  State  or  government 
(except  postmasters,  officers  in  the  militia,  to  whose  office  no  annual 
salary  is  attached,  justices  of  the  peace,  members  of  the  coui-t  of 
county  commissioners,  notaries  public,  and  commissioners  of  deeds, 
excepted;)  no  person  who  has  been  convicted  of  having  given  or 
offered  any  bribe  to  procure  his  election ;  no  person  who  has  been  con- 
victed of  bribery,  forgery,  perjury,  or  other  high  crime  or  misde- 
meanor which  may  be  by  law  declared  to  disqualify  him;  and  no 
person  who  has  been  a  collector  or  holder  of  public  moneys,  and  has 
failed  to  account  for  and  pay  over  into  the  treasury  all  sums  for 
which  he  may  be  bv  law  accountable,  shall  be  eligible  to  the  General 
Assembly. 

Sec.  5.  Representatives  shall  be  chosen  for  the  term  of  two  years; 
and  no  person  shall  be  a  representative  who  is  not  a  white  man, 
twenty-one  years  of  age,  a  citizen  of  the  United  States,  and  who  has 
not  been  an  inhabitant  of  this  State  for  the  two  years  next  preceding 
the  election,  and  for  the  last  year  thereof  a  resident  of  the  county  foi- 
which  he  is  chosen. 

Sec.  6.  The  house  of  representatives  shall  consist  of  not  more  than 
one  hundred  members,  Avho  shall  be  apportioned  by  the  General 
Assembly  among  the  several  counties  of  the  State  according  to  the 
number  of  white  inhabitants  in  them  respectively;  and,  to  this  end, 
the  general  assembly  shall  cause  an  enumeration  of  all  the  inhabitants 
of  the  State  to  be  made  in  the  year  one  thousand  eight  hundred  and 
sixty-six,  and  again  in  the  year  one  thousand  eight  hundred  and 
seventy-five,  and  every  ten  years  thereafter,  and  shall  make  an  appor- 
tionment of  the  representatives  among  the  several  counties  at  the  first 
regular  session  after  each  enumeration ;  which  apportionment,  when 
made,  shall  not  be  subject  to  alteration,  until  after  the  next  census 
shall  have  been  taken ;  Provided,  That  each  county  shall  be  entitled 
to  at  least  one  representative;  Provided  further,  That  where  two  or 
more  adjoining  counties  shall  each  have  a  residuum  or  fraction  over 
and  above  the  ratio  then  fixed  by  law%  which  fractions,  when  added 
together,  equal  or  exceed  that  ratio,  in  that  case,  the  county  having  the 
largest  fraction  shall  be  entitled  to  one  additional  representative. 

Sec.  7.  The  whole  number  of  senators  shall  be  not  less  than  one- 
fourth,  nor  more  than  one-third  of  the  whole  number  of  representa- 
tives; and  it  shall  be  the  duty  of  the  General  Assembly,  at  its  first 
session  after  the  making  of  each  enumeration,  as  provided  by  the  last 
preceding  section,  to  fix  by  law  the  number  of  senators,  and  to  divide 
the  State  into  as  many  senatorial  districts  as  there  are  senators; 
which  districts  shall  be  as  nearly  equal  to  each  other  as  may  be  in 


122  Alabama— 1866 

the  nunibor  of  white  inhabitants,  and  each  shall  be  entitled  to  one 
senator,  and  no  niore.  Proiuded^  That,  in  the  formation  of  said  dis- 
tricts, no  county  shall  be  divided,  and  no  two  or  more  counties,  which 
are  separated  entirely  by  a  county  belonging  to  another  district,  shall 
be  joined  into  one  district;  And  prorided  further^  That  the  senatorial 
districts,  when  formed,  shall  not  be  changed  until  after  the  next  cen- 
sus shall  have  been  taken. 

Sec.  8.  Xo  person  shall  be  a  senator,  who  is  not  a  white  man,  at 
least  twenty-seven  years  of  age,  a  citizen  of  the  United  States,  and 
who  has  not  been  an  inhabitant  of  this  State  for  two  years  next  pre- 
ceding the  election,  and  for  the  last  year  thereof  a  resident  in  the 
district  for  which  he  is  chosen. 

Sec.  9.  Senators  shall  be  chosen  for  the  term  of  four  years;  yet,  at 
the  first  general  election  after  each  new  apportionment,  elections  shall 
be  held  anew  in  all  the  senatorial  districts;  and  the  senators  elected, 
when  convened  at  the  next  ensuing  session  of  the  General  Assembly, 
shall  be  divided  by  lot  into  two  classes,  as  nearly  equal  to  each  other 
as  may  be;  the  seats  of  the  senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  two  years,  and  those  of  the  second  class  at  the 
expiration  of  four  years  from  the  day  of  election,  so  that  (except  as 
above  provided)  one-half  of  the  senators  may  be  chosen  biennially. 

Sec.  10.  The  General  Assembly  shall  meet  annually,  on  such  day  as 
may  be  b}^  law  prescribed ;  and  shall  not  remain  in  session  longer  than 
thirty  days,  unless  by  a  vote  of  two-thirds  of  each  house. 

Sec.  11.  At  the  first  regular  or  called  session  after  each  general 
election  for  representatives,  the  senate  shall  choose  a  president  and 
its  other  officers,  and  the  house  of  representatives  shall  choose  a 
speaker  and  its  other  officers;  and  the  officers  so  chosen  shall  lx>  en- 
titled to  hold  their  respective  offices  until  the  next  general  election  for 
representatives.  Each  house  shall  judge  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members;  but  a  contested  election  shall' 
be  determined  in  such  manner  as  may  be  by  law  provided. 

Sec.  12.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business;  l)ut  a  smaller  number  may  adjourn  from  day  to  day.  and 
may  compel  the  attendance  of  absent  members,  in  such  manner,  and 
under  such  penalties,  as  each  house  may  provide. 

Sec.  18.  Each  house  may  determine  the  rules  of  its  own  proceed- 
ings, punish  members  for  disorderly  behavior,  and,  with  the  consent 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
offense;  and  shall  have  all  other  powers  necessary  for  a  branch  of  the 
legislature  of  a  free  and  independent  State. 

Sec.  14.  Each  house  may,  during  the  session,  punish  by  imprison- 
ment any  iierson,  not  a  member,  for  disrespect  nil  or  disorderly  Ix;- 
havior  in  its  presence,  or  for  obstructing  any  of  its  proceedings; 
Provided^  That  such  imprisonment  shall  not,  at  any  one  time,  exceed 
forty-eight  hours. 

Sec.  15.  P2ach  house  shall  keep  a  journal  of  its  own  proceedings, 
and  cause  the  same  to  be  published  immediately  after  its  adjourn- 
ment, excepting  such  parts  as  in  its  judgment,  may  require  secrecy; 
and  the  veas  and  nays  of  the  members  of  either  house,  on  any  ques- 
tion, shall,  at  the  desire  of  any  two  members  present,  be  entered  on 
the  journals.  Any  member  of  either  house  shall  have  leave  to  dis- 
sent from,  and  protest  against,  any  act  or  resolution  which  he  may 
think  injurious  to  the  public  or  to  an  individual,  and  have  the  rea- 
sons of  his  dissent  entered  on  the  journals. 


Alabama— 1865  123 

Sec.  IT).  The  doors  of  each  house  shall  be  open,  except  on  such 
occasions  as,  in  the  opinion  of  the  house,  may  require  secrecy. 

Sec.  17.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

Sec.  18.  Bills  ma}'^  originate  in  either  house,  and  be  amended, 
altered,  or  rejected  by  the  other;  but  no  bill  shall  have  the  force  of  a 
law,  until  it  be  read  in  each  house  on  three  several  days,  and  free 
discussion  thereon  be  allowed ;  imless,  in  case  of  urgency,  four-fifths 
of  the  house  in  which  the  bill  may  be  depending  shall  deem  it  expe- 
dient to  dispense  with  this  rule;  and  every  bill,  having  passed  both 
houses,  shall  be  signed  by  the  speaker  and  president  of  the  respec- 
tive houses;  Provided,  That  all  bills  for  raising  revenue  shall  orig- 
inate in  the  House  of  Representatives,  but  may  be  amended  or  re- 
jected by  the  senate  as  other  bills. 

Sec.  19.  In  all  elections  by  the  General  Assembh^,  the  members 
shall  vote  viva  voce,  and  the  votes  shall  be  entered  on  the  journals. 

Sec.  20.  No  senator  or  representative  shall,  during  the  term  for 
which  he  was  elected,  be  elected  or  appointed  to  any  civil  office  of 
l^rofit  under  this  State,  except  such  offices  as  may  be  filled  by  elec- 
tions by  the  people. 

Sec.  21.  Senators  and  representatives  shall,  in  all  cases  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest, 
during  the  session  of  the  General  Assembly,  and  in  going  to  and 
returning  from  the  same,  allowing  one  day  for  every  twenty  miles 
such  member  may  reside  from  the  place  at  which  the  General  Assem- 
bly is  convened ;  nor  shall  any  member  be  liable  to  answer  for  any- 
thing spoken  in  debate  in  either  house,  in  any  court  or  place  else- 
Avhere. 

Sec.  22.  Each  member  of  the  General  Assembly  shall  receive  from 
the  public  treasury  such  compensation  for  his  services  as  may  be 
fixed  by  law ;  but  no  increase  of  compensation  shall  take  effect  during 
the  session  at  Avhich  such  increase  shall  have  been  made. 

Sec.  23.  Wlien  vacancies  happen  in  either  house,  the  governor,  or 
the  person  exercising  the  power  of  governor  for  the  time  being,  shall 
issue  writs  of  election  to  fill  such  vacancies. 

Sec.  24.  The  House  of  Representatives  shall  have  the  sole  ]:)Ower  of 
preferring  impeachments;  all  impeachments  shall  be  tried  by  the 
senate;  the  senators,  when  sitting  for  that  purpose,  shall  be  on  oath 
or  affirmation;  and  no  person  shall  be  convicted  under  an  impeach- 
ment, without  the  concurrence  of  two-thirds  of  the  senators  present. 

Sec.  25.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  such 
laws  as  may  he  necessary  and  proper  to  decide  differences  by  arbi- 
trators, to  be  appointed  by  the  parties,  who  may  choose  that  summary 
mode  of  adjustment. 

Sec.  26.  It  shall  be  the  duty  of  the  General  Assembly,  from  time 
to  time,  as  circumstances  may  require,  to  frame  and  adopt  a  penal 
code,  founded  on  principles  of  reformation. 

Sec.  27.  It  shall  also  be  the  duty  of  the  General  Assembl}^,  within 
five  years  after  the  adoption  of  this  constitution,  and  within  every 
subsequent  period  of  ten  years,  to  make  provision  by  law  for  the  revi- 
sion, digesting,  and  promulgation  of  all  the  public  statutes  of  this 
State,  both  civil  and  criminal. 

Sec.  28.  The  General  Assembly  shall  have  power  to  pass  such  penal 


124  Alabama— 1865 

laws  as  they  may  dwiii  expedient  to  suppress  the  evil  practice  of 
(hielliiig,  extending  to  disqualification  to  hold  office. 

Sec.  20.  It  shall  be  the  duty  of  the  (jeneral  Assembly  to  regulate 
by  law  the  cases  in  which  deductions  shall  l>e  made  from  the  salaries 
of  public  officers,  for  neglect  of  duty  in  their  official  capacities,  and 
the  amount  of  such  deductions. 

Sec.  30.  Divorces  from  the  bonds  of  matrimony  shall  not  be 
granted,  but  in  the  cases  by  law  provided  for,  and  by  suit  in  chan- 
cery; but  decrees  in  chancery  for  divorce  shall  be  final,  unless  ap- 
pealed from,  in  the  manner  prescribed  by  law,  within  three  months 
from  the  date  of  the  enrolment  thereof. 

Sec.  81.  It  shall  be  the  duty  of  the  (General  Assembly,  at  its  next 
session,  and  from  time  to  time  tiiereafter  as  it  may  deem  proper,  to 
ena<'t  laws  prohibiting  the  intermarriage  of  white  persons  with 
negroes,  or  with  persons  of  mixed  blood,  declaring  such  marriages 
null  and  void  ah  initio,  and  making  the  parties  to  any  such  marriage 
subject  to  criminal  prosecutions,  with  such  penalties  as  may  be  by 
law  prescribed. 

Sec.  32.  The  General  Assembly  shall  make  provision  by  law  for 
obtaining  correct  knowledge  of  the  several  objects  proper  for  improve- 
ment in  relation  to  the  roads  and  navigable  waters  in  this  State,  and 
for  making  a  sj'stematic  and  economical  application  of  the  means 
appropriated  to  those  objects. 

Sec.  33.  The  Cleneral  Assembly  shall,  from  time  to  time,  enact 
necessary  and  projjer  laws  for  the  encouragement  of  schools  and  the 
means  of  education :  shall  take  proper  measures  to  preserve  from 
waste  or  damage  such  lands  as  have  been  or  may  be  granted  by  the 
United  States  for  the  use  of  schools  in  each  township  in  this  State, 
and  apply  the  funds  which  may  be  raised  from  such  lands  in  strict 
conformity  with  the  object  of  such  grant;  shall  take  like  measures 
for  the  improvement  of  such  lands  as  have  been  or  may  hereafter  Ix; 
granted  by  the  United  States  to  this  State  for  the  support  of  a 
seminary  of  learning;  and  the  money  which  may  be  raised  from  such 
lands,  by  rent,  lease,  or  sale,  or  from  any  other  quarter,  for  the  pur- 
pose aforesaid,  shall  be  and  forever  remain  a  fund  for  the  exclusive 
support  of  a  State  university  for  the  promotion  of  the  arts,  literature, 
and  the  sciences;  and  it  shall  be  the  duty  of  the  General  Assembly  to 
jM'ovide  by  law  effectual  means  for  the  improvement  and  permanent 
security  of  the  funds  of  such  institution. 

Sec.  34.  Not  more  than  one  bank  shall  be  established,  nor  more 
than  one  bank  charter  be  renewed,  at  any  one  session  of  the  General 
Assembly;  nor  shall  any  bank  be  established,  nor  any  bank  charter  Ije 
renewed,  without  the  concurrence  of  two-thirds  of  each  house  of  the 
General  Assembly,  and  in  conformity  with  the  following  rules — that 
is  to  say : 

Rvle  1.  The  stockholders  shall  lie  respectively  liable  for  the  debts 
of  the  bank  in  jiroportion  to  the  amount  of  their  stock. 

Rule  2.  The  remedy  for  the  collection  of  debts  shall  be  reciprocal 
for  and  against  the  bank. 

Rule  3.  No  bank  shall  commence  operations,  until  one-half  of  the 
capital  stock  subscribed  for  be  actually  paid  in  gold  and  silver; 
which  amount  shall,  in  no  case,  be  less  than  one  hundred  thousand 
dollars. 

Rule  4.  If  any  bank  shall  neglect  or  refuse  to  pay,  on  demand,  any 


Alabama— 1865  125 

bill,  note,  or  obligation  issued  by  the  corporation,  according  to  the 
promise  therein  expressed,  the  holder  of  such  bill,  note,  or  obligation, 
shall  be  entitled  to  receive  and  recover  interest  thereon  until  paid,  or 
until  specie  payments  are  resumed  by  the  bank,  at  the  rate  ot  twelve 
per  centum  per  annum  from  the  date  of  such  demand;  unless  the 
General  Assembly  shall,  by  a  vote  of  two-thirds  of  each  house  thereof, 
sanction  such  suspension  of  specie  payments. 

Rule  5.  Whenever  any  bank  suspends  specie  j^ayments,  its  charter 
is  thereby  forfeited;  unless  such  suspension  shall  be  sanctioned  and 
legalized,  at  the  next  session  of  the  General  Assembly,  by  a  vote  of 
two-thirds  of  each  house  thereof. 

.  Sec.  35.  The  General  Assembly  shall  provide  by  law  for  organiz- 
ing and  disciplining  the  militia  of  this  State,  in  such  manner  as  they 
may  deem  expedient,  not  incompatible  with  the  Constitution  and  laws 
of  the  United  States;  shall  fix  the  rank  of  all  staff  officers,  and  pre- 
scribe the  manner  in  which  all  officers  shall  be  appointed  or  elected : 
Provided^  That  no  other  officers  than  adjutants-general  and  quarter- 
masters-general shall  be  appointed  by  the  General  Assembly:  And 
■provided  further^  That  major-generals  shall  appoint  their  aides  and 
all  division  and  staff  officers,  brigadier-generals  shall  appoint  their 
aides  and  all  other  brigade  staff  officers,  and  colonels  shall  appoint 
their  regimental  staff  officers. 

Sec.  36.  It  shall  be  the  duty  of  the  General  Assembly,  at  its  next 
session,  and  from  time  to  time  thereafter,  to  enact  such  laws  as  will 
protect  the  freedmen  of  this  State  in  the  full  enjoyment  of  all  their 
rights  of  person  and  property,  and  guard  them  and  the  State  against 
any  evils  that  may  arise  from  their  sudden  emancipation. 

Sec.  37.  No  money  shall  be  drawn  from  the  treasury,  but  in  pur- 
suance of  an  appropriation  made  by  law;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  moneys 
shall  be  published  annually,  in  such  manner  as  may  be  by  law 
directed. 

Sec.  38.  No  special  law  shall  be  enacted  for  the  benefit  of  individ- 
uals or  corporations,  in  cases  which  are  provided  for  by  a  general  law, 
or  where  the  relief  sought  can  be  given  by  any  court  of  this  State. 

Sec.  39.  All  lands  liable  to  taxation  in  this  State,  shall  be  taxed 
in  proportion  to  their  value. 

Sec.  40.  No  power  to  levy  taxes  shall  be  delegated  to  individuals 
or  private  corporations. 

Sec.  41.  The  general  assembly  shall  not  borrow  or  raise  money  on 
the  credit  of  the  State,  (except  for  purposes  of  military  defence 
against  actual  or  threatened  mvasion,  rebellion,  or  insurrection,) 
without  the  concurrence  of  two-thirds  of  the  members  of  each  house ; 
nor  shall  the  debts  or  liabilities  of  any  corporation,  person,  or  persons, 
or  other  State,  be  guaranteed,  nor  any  money,  credit,  or  other  thing, 
be  loaned  or  given  away,  except  by  a  like  concurrence  of  each  house ; 
and  the  votes  shall  in  each  case,  be  taken  by  yeas  and  nays,  and  be 
entered  on  the  journals. 

Sec.  42.  In  the  event  of  the  annexation  of  any  foreign  territory  to 
this  State,  the  general  assembly  shall  enact  laws,  extending  to  the 
inhabitants  of  the  acquired  territory  all  the  rights  and  privileges 
which  may  be  required  by  the  terms  of  the  acquisition;  anything  in 
this  constitution  to  the  contrary  notwithstanding. 
7251— VOL  1—07 11 


126  Alabama— 1865 

Article  V 

EXECUTIVE   DEPARTMENT 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  the  governor  of  the 
State  of  Alabama. 

Sec.  2.  The  governor  sliall  be  elected  by  the  qualified  electors,  at  the 
time  and  places  at  which  they  shall  respectively  vote  for  representa- 
tives. 

Sec.  3.  The  returns  of  every  election  for  governor  shall  be  sealed 
up,  and  transmitted  to  the  seat  of  government,  directed  to  the  speaker 
of  the  house  of  representatives,  who  shall,  during  the  first  week  of  the 
session,  open  and  publish  them  in  the  presence  of  both  houses  of  the 
general  assembly.  The  person  having  the  highest  number  of  votes 
shall  be  governor;  but,  if  two  or  more  shall  be  equal  and  highest  in 
votes,  one  of  them  shall  be  chosen  governor  by  the  joint  vote  of  both 
houses.  Contested  elections  for  governor  shall  be  determined  by  both 
houses  of  the  general  assembly,  in  such  manner  as  shall  be  prescribed 
by  law. 

Sec.  4.  The  governor  shall  hold  his  office  for  the  term  of  two  years 
from  the  time  of  his  installation,  and  until  his  successor  shall  be 
qualified,  but  shall  not  be  eligible  for  more  than  four  years  in  any 
term  of  six  years;  he  shall  be  at  least  thirty  years  of  age,  a  native 
citizen  of  the  United  States,  and  shall  have  resided  in  this  State  at 
least  four  years  next  preceding  the  day  of  his  election. 

Sec.  5.  He  shall,  at  stated  times,  receive  a  compensation  for  his  serv- 
ices, which  shall  not  be  either  increased  or  diminished  during  the 
term  for  which  he  shall  have  been  elected. 

Sec.  6.  He  shall  always  reside,  during  the  session  of  the  General 
Assembly,  at  the  place  where  their  session  may  be  held,  and  at  other 
times  wherever,  in  their  opinion,  the  public  good  may  require. 

Sec.  7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia  thereof,  except  when  they  shall  be  called 
into  the  service  of  the  United  States;  and  when  acting  in  the  service 
of  the  United  States,  the  General  Assembly  shall  fix  his  rank. 

Sec.  8.  He  shall  have  power  to  call  forth  the  militia  to  execute  the 
laws  of  the  State,  to  suppress  insurrections,  and  to  repel  invasions; 
and  shall  appoint  his  aides-de-camp. 

Sec.  9.  He  may  require  from  the  secretary  of  state,  the  comptroller 
of  public  accounts,  and  the  state  treasurer,  information  in  writing  on 
any  subject  relating  to  the  duties  of  their  respective  offices. 

Sec.  10.  He  may,  by  proclamation,  on  extraordinary  occasions,  con- 
vene the  general  assembly  at  the  seat  of  government,  or  at  a  different 
place,  if,  since  their  last  adjournment,  that  shall  have  become  danger- 
ous, from  an  enemy,  or  from  contagious  disorders;  and  in  case  of 
disagreement  between  the  two  houses,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  may  think 
pro])er,  not  beyond  the  day  of  the  next  annual  meeting  of  the  General 
Assembly. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  General  Assembly 
information  of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  may  deem  expedient. 


Alabama — 1865  127 

Sec.  12.  He  shall  take  care  that  the  laws  are  faithfully  executed. 

Sec.  13.  In  all  criminal  and  penal  cases,  except  those  of  treason  and 
impeachment,  he  shall  have  power  to  grant  reprieves  and  pardons, 
and  to  remit  fines  and  forfeitures,  under  such  rules  and  regulations 
as  may  be  prescribed  by  law;  and  in  cases  of  treason,  he  shall  have 
power,  by  and  with  the  advice  and  consent  of  the  senate,  to  grant  re- 
prieves and  pardons,  and,  in  the  recess  of  the  senate,  he  may  respite 
the  sentence  until  the  end  of  the  next  session  of  the  General  Assembly. 

Sec.  14.  There  shall  be  a  great  seal  of  the  State,  which  shall  be  kept 
and  used  by  the  governor  officially;  and  the  seal  now  in  use  shall 
continue  to  be  the  great  seal  of  the  State,  until  another  shall  have 
been  adopted  by  the  general  assembly. 

Sec.  15.  Vacancies  that  may  happen  in  offices,  the  appointment  of 
which  is  vested  in  the  general  assembly,  shall,  during  the  recess  of 
the  General  Assembly,  be  filled  by  the  governer,  by  granting  com- 
missions, which  shall  expire  at  the  end  of  the  next  session. 

Sec.  16.  Every  bill  which  shall  have  passed  both  houses  of  the 
General  Assembly,  shall  be  presented  to  the  governor :  if  he  approve, 
he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his  objections,  to 
the  house  in  which  it  originated,  who  shall  enter  the  objections  at 
large  upon  the  journals,  and  proceed  to  reconsider  it;  if,  after  such 
reconsideration,  a  majority  of  the  whole  number  elected  to  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to 
the  other  house,  by  whom  it  shall  likewise  be  reconsidered,  and,  if 
approved  by  a  majority  of  the  whole  number  elected  to  that  house,  it 
shall  become  a  law ;  but,  in  such  cases,  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  members  vot- 
ing for  or  against  the  bill  shall  be  entered  on  the  journals  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the  governor 
within  five  days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it;  unless  the  general  assembly,  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  not  be  a  law. 

Sec.  17.  Every  order,  resolution,  or  vote,  to  which  the  concurrence 
of  both  houses  may  be  necessary,  (except  on  questions  of  adjourn- 
ment, and  for  bringing  on  elections  by  the  two  houses,)  shall  be 
presented  to  the  governor,  and,  before  it  shall  take  effect,  be  approved 
by  him,  or,  being  disapproved,  shall  be  repassed  by  both  houses, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Sec.  18.  No  person  shall,  at  one  and  the  same  time,  hold  the  office 
of  governor,  and  any  other  office  or  commission,  civil  or  military, 
either  under  this  State,  the  United  States,  or  any  other  State  or 
government. 

Sec.  19.  In  case  of  the  impeachment  of  the  governor,  his  removal 
from  office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the 
State,  the  president  of  the  senate  shall  exercise  all  the  power  and 
authority  appertaining  to  the  office  of  governor,  until  the  time  ap- 
pointed by  the  constitution  for  the  election  of  governor  shall  arrive 
(unless  the  General  Assembly  shall  provide  by  law  for  the  election  of 
a  governor  to  fill  such  vacancy,)  or  until  the  governor  who  is  absent 
or  impeached  shall  return  or  be  acquitted;  and  if,  during  such 
vacancy  in  the  office  of  governor,  the  president  of  the  senate  shall  be 
impeached,  removed  from  office,  refuse  to  qualify,  die,  resign,  or  be 


128  Alabama— 1865 

absent  from  the  State,  the  speaker  of  the  house  of  representatives 
shall,  in  like  manner,  administer  the  government. 

Sec.  20.  The  president  of  the  Senate  and  the  speaker  of  the  House 
of  Representatives  shall,  during  the  time  they  respectivelv  adminis- 
ter the  government,  receive  the  same  compensation  which  the  gov- 
ernor would  have  received  if  he  had  been  employed  in  the  duties  of 
his  office. 

Article  VI 

JUDICIAL  DEPARTMENT 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
supreme  court,  circuit  courts  to  be  held  in  each  county  of  the  State, 
and  such  inferior  courts  of  law  and  equity,  to  consist  of  not  more 
than  five  members,  as  the  General  Assembly  may,  from  time  to  time, 
direct,  ordain  and  establish. 

Sec.  2.  Except  in  cases  otherwise  directed  in  this  constitution,  the 
supreme  court  shall  have  appellate  jurisdiction  only,  which  shall  be 
co-extensive  with  the  State,  under  such  restrictions  and  regulations, 
not  repugnant  to  this  constitution,  as  may  from  time  to  time  be  pre- 
scribed by  law;  Provided^  That  said  court  shall  have  power  to  issue 
writs  of  injunction,  Tnnndamus^  quo  warranto^  habeas  corpus^  and 
such  other  remedial  and  original  writs  as  may  be  necessary  to  give 
it  a  general  superintendence  and  control  of  inferior  jurisdiction. 

Sec.  3.  The  supreme  court  shall  be  held  at  the  seat  of  government; 
but  if  that  shall  have  become  dangerous,  from  an  enemy  or  from  dis- 
ease, may  adjourn  to  a  different  place. 

Sec.  4.  The  State  shall  be  divided  into  convenient  circuits,  each  of 
which  shall  contain  not  less  than  three,  nor  more  than  six  counties; 
and  for  each  circuit  there  shall  be  appointed  a  judge,  who  shall, 
after  his  appointment,  reside  in  the  circuit  for  which  he  may  be  ap- 
pointed. 

Sec.  5.  The  circuit  court  shall  have  original  jurisdiction  in  all 
matters,  civil  and  criminal,  within  this  State,  not  otherwise  excepted 
in  this  constitution:  but  in  civil  cases  only  where  the  matter  or  sum 
in  controversy  exceeds  fifty  dollars. 

Sec.  ().  A  circuit  court  shall  be  held  in  each  county  in  the  State,  at 
least  twice  in  every  year;  and  the  judges  of  the  several  circuits  may 
hold  courts  for  each  other  when  Xhey  deem  it  expedient,  and  shall  do 
so  when  directed  by  law. 

Sec.  7.  The  General  Assembly  shall  have  power  to  establish  a  court 
or  courts  of  chancery,  with  original  and  appellate  equity  jurisdic- 
tion; Provided^  That  the  judges  of  the  several  circuit  courts  shall 
have  power  to  issue  writs  of  m junction,  returnable  into  the  courts 
of  chancery. 

Sec.  8.  The  General  Assembly  shall  have  power  to  establish,  in 
each  county  within  this  State,  a  court  of  prooate,  for  the  granting 
of  letters  testamentary,  and  of  administration,  and  for  orphans'  busi- 
ness. 

Sec.  9.  A  competent  number  of  justices  of  the  peace  shall  be  ap- 
pointed in  and  for  each  county,  in  such  mode,  and  for  such  term  of 
office  as  the  general  assembly  may  by  law  direct;  whose  jurisdiction. 


Alabama— 1865  129 

in  civil  cases,  shall  be  limited  to  causes  in  which  the  amount  in  con- 
troversy shall  not  exceed  one  hundred  doUars;  and  in  all  cases  tried 
by  a  justice  of  the  peace,  the  right  of  appeal  shall  be  secured  under 
such  rules  and  regulations  as  may  be  prescribed  by  law. 

Sec.  10.  The  judges  of  the  supreme  court,  circuit  courts,  and  courts, 
of  chancery,  shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation, which  shall  be  fixed  by  law,  and  which  shall  not  be  diminished 
during  their  continuance  in  office;  but  they  shall  receive  no  fees  or 
perquisites  of  office,  nor  hold  any  office  of  profit  or  trust,  under  this 
State,  the  United  States,  or  any  other  power. 

Sec.  11.  Judges  of  the  supreme  court,  and  chancellors,  shall  be 
elected  by  a  joint  vote  of  both  houses  of  the  General  Assembly; 
judges  oi  the  circuit  and  probate  courts,  and  of  such  other  inferior 
courts  as  may  be  by  law  established,  shall  be  elected  by  the  qualified 
electors  of  the  respective  counties,  cities,  or  districts,  for  which  such 
courts  may  be  established.  Elections  of  judges  by  the  people  shall 
be  held  on  the  first  Monday  in  May,  or  such  other  day  as  may  be  by 
law  prescribed,  not  within  a  less  period  than  two  months  of  the  day 
fixed  by  law  for  the  election  of  governor,  members  of  the  General 
Assembly,  or  members  of  Congress.  Vacancies  in  the  office  of  circuit 
judge,  probate  judge,  or  judge  of  any  other  inferior  court  established 
by  law,  shall  be  filled  by  the  governor;  and  the  person  appointed  by 
him  shall  hold  office  until  the  next  election  day  by  law  appointed  for 
the  election  of  judges,  and  until  his  successor  shall  have  been  elected 
and  qualified. 

Sec.  12.  The  judges  of  the  several  courts  of  this  State  shall  hold 
their  offices  for  the  term  of  six  years;  and  the  right  of  any  judge  to 
hold  his  office  for  the  full  term  hereby  prescribed,  shall  not  be  affected 
by  any  change  hereafter  made  by  law  in  any  circuit  or  district,  or  in 
the  mode  or  time  of  election;  but  for  any  wilful  neglect  of  duty,  or 
any  other  reasonable  cause,  which  shall  not  be  a  sufficient  ground  of 
impeachment,  the  governor  shall  remove  any  judge,  on  the  address 
of  two-thirds  of  each  house  of  the  general  assembly ;  Provided,  That 
the  cause  or  causes,  for  which  said  removal  may  be  required,  shall  be 
stated  at  length  in  such  address,  and  entered  on  the  journals  of  each 
house;  And,  provided  further,  That  the  judge  intended  to  be  removed 
shall  be  notified  of  such  cause  or  causes,  and  shall  be  admitted  to  a 
hearing  in  his  own  defence,  before  any  vote  for  such  address;  and  in 
all  such  cases,  the  vote  shall  be  taken  by  yeas  and  nays,  and  be  entered 
on  the  journals  of  each  house  respectively. 

Sec.  13.  No  person  who  shall  have  arrived  at  the  age  of  seventy 
years,  shall  be  appointed  or  elected  to,  or  shall  continue  in,  the  office 
of  judge  in  this  State. 

Sec.  14.  The  judges  of  the  supreme  court  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State;  as  also  the 
judges  of  the  circuit  courts  within  their  respective  circuits,  and  the 
judges  of  the  inferior  courts  within  their  respective  counties. 

Sec.  15.  Clerks  of  the  circuit  courts,  and  of  such  inferior  courts  as 
may  be  by  law  established,  shall  be  elected  by  the  qualified  electors 
in  each  county,  for  the  term  of  four  years ;  and  may  be  removed  from 
office,  for  such  causes,  and  in  such  manner,  as  may  be  by  law  pre- 
scribed. Vacancies  in  the  office  of  clerk  shall  be  filled  by  the  judge 
of  the  court,  and  the  person  so  appointed  shall  hold  office  until  the 


130  Alabama— 1866 

next  general  election,  and  until  his  successor  is  elected  and  qualified; 
Pi'omded,  That  the  general  assembly  shall  have  power  to  annex  the 
duties  of  clerk  to  the  office  of  judge  of  any  interior  court  by  law 
established. 

,  Sec.  1G.  The  style  of  all  process  shall  be,  The  State  of  Alabama; 
and  all  prosecutions  shall  be  carried  on  in  the  name  and  by  the  author- 
ity of  the  State  of  Alabama,  and  shall  conclude  "  against  the  peace 
and  dignity  of  the  same.'' 

Article  VII 

STATE    AND   COUNTY  OFFICERS 

Section  1.  A  secretary  of  state,  a  comptroller  of  public  accounts, 
and  a  State  treasurer,  shall  be  elected  by  a  joint  vote  of  both  houses 
of  the  general  assembly,  each  of  whom  shall  continue  in  office  during 
the  term  of  two  years,  shall  i)erform  all  the  duties  that  may  be  re- 
quired of  him  by  law,  and  receive  such  compensation  as  may  be  by 
law  provided. 

Sec.  2.  An  attorney-general,  and  as  many  solicitors  as  there  are 
judicial  circuits  in  the  State,  shall  be  elected  by  a  joint  vote  of  both 
houses  of  the  general  assembly,  each  of  whom  shall  hold  his  office 
for  the  term  oi  four  years,  shall  perform  all  the  duties  that  may  be 
required  of  him  by  law,  and  shall  receive  such  comjjensation  for  his 
services  as  may  be  by  law  provided,  which  shall  not  be  diminished 
during  his  continuance  in  omce. 

Sec.  3.  A  sheriflf  shall  be  elected  in  each  county,  by  the  qualified 
electors  thereof,  who  shall  hold  his  office  for  the  term  of  three  years, 
unless  sooner  removed,  and  shall  not  be  eligible  to  serve,  either  as 
principal  or  deputy,  for  any  two  successive  terms.  Vacancies  in  the 
office  of  sheriff  shall  be  filled  by  the  governor,  as  in  other  cases ;  and 
the  person  so  appointed  shall  continue  in  office  until  the  next  general 
election  in  the  county  for  sheriff  as  by  law  provided. 

Sec.  4.  No  member  of  Congress,  nor  any  person  who  holds  any 
office  of  profit  or  trust  under  the  United  States,  (except  postmasters,) 
or  any  other  State  or  government;  nor  any  person  who  shall  have 
been  convicted  of  having  given  or  offered  any  bribe  to  procure  his 
election  or  appointment;  nor  any  person  who  shall  have  been  con- 
victed of  bribery,  forgery,  perjury,  or  other  high  crime  or  misde- 
meanor which  may  be  by  law  declared  to  disqualify  him, — shall  be 
eligible  to  any  office  of  profit  or  trust  under  this  State. 

Sec.  .5.  All  commissions  shall  be  in  the  name,  and  by  the  authority 
of  the  State  of  Alabama;  shall  be  sealed  with  the  great  seal  of  the 
State,  signed  by  the  governor,  and  attested  by  the  secretary  of  state. 

Sec.  6.  All  civil  officers  of  this  State,  legislative,  executive,  and 
judicial,  before  they  enter  upon  the  execution  of  the  duties  of  their 
respective  offices,  shall  take  the  following  oath :  "  I  solemnly  swear," 
(or  affirm,  as  the  case  mav  be,)  "  that  I  will  support  the  Constitution 
of  the  United  States,  ani  the  constitution  of  the  State  of  Alabama, 
so  long  as  I  continue  a  citizen  thereof;  and  that  I  will  faithfully  dis- 
charge, to  the  best  of  my  abilities,  the  duties  of  the  office  of ; 

So  help  me  God." 

Sec.  7.  All  civil  officers  of  the  State,  whether  elected  by  the  people, 
or  by  the  general  assembly,  or  appointed  by  the  governor,  shall  be 


Alabama — 1865  131 

liable  to  impeachment  for  any  misdemeanor  in  office;  but  judgment 
in  such  cases  shall  not  extend  further  than  removal  from  office,  and 
disqualification  to  hold  any  office  of  honor,  trust,  or  profit,  under  the 
State;  but  the  party  convicted  shall,  neverthelews,  be  liable  and  sub- 
ject to  indictment,  trial,  and  punishment  according  to  law. 

Artici-e  VIII 

ELECTIONS    HY    THE    PEOPLE 

Section  1.  Every  white  male  jDcrson,  of  the  age  of  twenty-one 
3'ears  and  upward,  who  shall  be  a  citizen  of  the  United  States,  and 
shall  have  resided  in  this  State  one  year  next  preceding  the  election, 
and  the  last  three  months  thereof  in  the  county  in  which  he  offers  to 
vote,  shall  be  deemed  a  qualified  elector;  Provided,  That  no  soldier, 
seaman,  or  marine,  in  the  Regular  Army  or  Navy  of  the  United 
States,  and  no  person  who  shall  have  been  convicted  of  bribery, 
forgery,  perjury,  or  other  high  crime  or  misdemeanor  which  may  be 
by  law  declared  to  disqualify  him,  shall  be  entitled  to  vote  at  any 
election  in  this  State. 

Sec.  2.  In  all  elections  by  the  people,  the  electors  shall  vote  by 
ballot,  until  otherwise  directed  by  law. 

Sec.  3.  Except  in  cases  of  treason,  felony,  or  breach  of  the  peace, 
electors  shall  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  'returning  from  the  same. 

Sec.  4.  Returns  of  elections  for  all  civil  officers  elected  by  the 
people,  who  are  to  be  commissioned  by  the  governor,  and  also  for 
members  of  the  General  Assembly,  shall  be  made  to  the  secretary 
of  state. 

Article  IX 

AMENDMENT   AND    REVISION    OF    THE    CONSTITUTION 

Section  1.  The  General  Assembly  may,  whenever  tw^o-thirds  of 
each  house  shall  deem  it  necessary,  propose  amendments  to  this  con- 
stitution; which  proposed  amendments  shall  be  duly  published  in 
print,  (in  such  manner  as  the  General  Assembly  may  direct,)  at 
least  three  months  before  the  next  general  election  for  representatives, 
for  the  consideration  of  the  people;  and  it  shall  be  the  duty  of  the 
several  returning  officers,  at  the  next  ensuing  general  election  for  rep- 
resentatives, to  open  a  poll  for  the  vote  of  the  qualified  electors  on 
the  proposed  amendments,  and  to  make  a  return  of  said  vote  to  the 
secretary  of  state;  and  if  it  shall  thereupon  appear  that  a  majority 
of  all  qualified  electors  of  the  State,  who  voted  for  representatives, 
voted  in  favor  of  the  proposed  amendments,  and  two-thirds  of  each 
house  of  the  next  General  Assembly,  before  another  election,  shall 
ratify  said  amendments,  each  house  voting  by  yeas  and  nays,  said 
amendments  shall  be  valid,  to  all  intents  and  purposes,  as  parts  of 
this  constitution;  Provided,  That  said  proposed  amendments  shall, 
at  each  of  said  sessions  of  the  General  Assembly,  have  been  read  three 
times,  on  three  several  days,  in  each  house. 

Sec.  2.  After  the  expiration  of  twelve  months  from  the  adoption 
of  this  constitution,  no  convention  shall  be  held,  for  the  purpose  of 


132  Alabama— 1867 

altering  or  amending  the  constitution  of  this  State,  unless  the  ques- 
tion of  convention  or  no  convention  shall  be  first  submitted  to  a  vote 
of  the  qualified  electors  of  the  State,  and  approved  by  a  majority  of 
the  electors  voting  at  said  election. 

Adopted  by  the  convention,  by  the  unanimous  vote  of  all  the  dele- 
gates present,  at  the  State  capitol,  in  the  city  of  Montgomery,  on  this, 
the  thirtieth  day  of  September,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-five,  and  of  the  Independence  of  the  United 
States  the  ninetieth  year. 

Benj.  Fitzpatrick, 

President  of  Convention. 
Attest  : 

Wm.  H.  Oobourne, 

Sec^y  of  Convention. 


CONSTITUTION  OF  ALABAMA— 1867  *  « 

preamble 

We,  the  People  of  the  State  of  Alabama,  by  our  representatives  in 
Convention  assembled,  in  order  to  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the  general 
welfare,  and  secure  to  ourselves  and  to  our  posterity  the  rights  of 
life,  liberty,  and  property,  invoking  the  favor  and  guidance  of 
Almighty  God,  do  ordain  and  establish  the  following  Constitution 
and  form  of  government  for  the  State  of  Alabama : 

Article  I 

DECLARATION    OF   RIGHTS 

That  the  great  general  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  we  declare: 

Section  1.  That  all  men  are  created  equal ;  that  they  are  endowed 
by  their  Creator  with  certain  inalienable  rights;  that  among  these  are 
life,  liberty,  and  the  pursuit  of  happiness. 

Sec.  2.  That  all  persons  resident  in  this  State,  born  in  the  United 
States,  or  naturalized,  or  who  shall  have  legally  declared  their  inten- 
tion to  become  citizens  of  the  United  States,  are  hereby  declared  citi- 

♦  Verified  by  "  The  Constitution  of  the  State  of  Alabama  as  Revised  and 
Amended  by  the  Convention  Assembled  at  Montgomery  on  the  Fifth  Day  of 
November,  A.  D.  18Q7.     Montgomery,  Ala..  Barrett  and  Brown,  18G7." 

o  Congress  having  directed  how  constitutions  should  be  formed  in  the  States 
recently  in  rebellion,  by  the  acts  of  March  2  and  March  21,  1807,  a  convention 
was  called,  which  assembled  at  Montgomery  November  5,  18G7,  and  framed  the 
above  constitution  and  .idjourned  December  G.  18G7.  It  was  submitted  to  the 
people.  Congress,  after  its  reception.  pass<'d  an  act  on  the  25th  of  .Tune,  1868, 
declaring  that  whenever  the  legislatures  of  Alabama  [and  other  States  named] 
should  pass  an  act  ratifying  the  fourteenth  article  of  amendment  to  the  Con- 
stitution, such  State  should  be  declaretl  entitled  to  the  admission  of  its  Repre- 
sentatives in  C(mgross.  This  was  done  on  the  llth  of  .Tuly,  18(58.  and  proclama- 
tion thereof  was  made  by  the  President  of  the  TJuited  States  on  the  20th  of  July, 
1868. 


Alabama— 1867  133 

zens  of  the  State  of  Alabama,  possessing  equal  civil  and  political 
rights  and  public  privileges. 

Sec.  3.  That  all  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  instituted  for 
their  benefit ;  and  that,  therefore,  they  have  at  all  times,  an  inherent 
right  to  change  their  form  of  government,  in  such  manner  as  they 
may  deem  expedient. 

Sec.  4.  That  no  person  shall  be  deprived  of  the  right  to  worship 
God  according  to  the  dictates  of  his  own  conscience. 

Sec.  5.  That  no  religion  shall  be  established  by  law. 

Sec.  6.  That  any  citizen  may  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  liberty. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  seizures  or  searches,  and 
that  no  warrant  shall  issue  to  search  any  place,  or  to  seize  any  person 
or  thing,  without  probable  cause,  supported  by  oath  or  affirmation. 

Sec.  8.  That  in  all  criminal  prosecutions,  the  accused  has  a  right 
to  be  heard  by  himself  and  counsel,  or  either;  to  demand  the  nature 
and  cause  of  the  accusation;  to  have  a  copy  thereof;  to  be  confronted 
by  the  witnesses  against  him ;  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor;  and  in  all  prosecutions  by  indictment  or 
information,  a  speedy  public  trial,  by  an  impartial  jury  of  the 
county  or  district  in  which  the  offence  w  as  committed ;  and  that  he 
shall  not  be  compelled  to  give  evidence  against  himself,  or  be 
deprived  of  his  life,  liberty,  or  property,  but  by  due  process  of  law. 

Sec.  9.  That  no  person  shall  be  accused,  or  arrested,  or  detained, 
except  in  cases  ascertained  by  law,  and  according  to  the  forms  which 
the  same  has  prescribed ;  and  that  no  person  shall  be  punished  but  by 
virtue  of  a  law  established  and  promulgated  prior  to  the  offence,  and 
legally  applied. 

Sec.  10.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded against  criminally,  by  information,  except  in  cases  arising  in 
the  land  and  naval  service,  or  in  the  militia  when  in  actual  service, 
or  by  leave  of  the  court  for  oppressions  or  misdemeanor  in  office: 
Pt'ovided,  That  in  cases  of  j^etit  larceny,  assault,  assault  and  battery, 
affray,  unlawful  assemblies,  vagrancy,  and  other  misdemeanors,  the 
General  Assembly  may,  by  law,  dispense  with  a  grand  jury,  and 
authorize  such  prosecutions  and  proceedings  before  justices  of  the 
peace,  or  such  inferior  courts  as  may  be  by  law  established. 

Sec,  11.  That  no  person  shall,  for.  the  same  offence,  be  twice  put  in 
jeopardy  of  life  or  limb. 

Sec.  12.  That  no  person  shall  be  debarred  from  prosecuting  or 
defending,  before  any  tribunal  in  the  State,  by  himself,  or  counsel, 
any  civil  cause  to  which  he  is  a  party. 

Sec.  13.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  14.  That  in  prosecution  for  the  publication  of  papers  investi- 
gating the  official  conduct  of  officers,  or  men  in  public  capacity,  or 
when  the  matter  published  is  proper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence ;  and  that  in  all  indictments 
for  libel,  the  jury  shall  have  the  right  to  determine  the  law  and  the 
facts  under  the  direction  of  the  court. 

Sec.  15.  That  all  courts  shall  be  open,  that  every  person,  for  any 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall  have 


134  Alabama— 1867 

a  remedy  by  due  process  of  law;  and  right  and  justice  shall  be 
administered  without  sale,  denial  or  delay. 

Sec.  1(>.  That  suits  may  be  brought  against  the  State,  in  such  man- 
ner and  in  such  courts  as  may  be  by  law  provided. 

Sec.  17.  That  excessive  fines  shall  not  be  imposetl,  or  cruel  punish- 
ment inflicted. 

Sec.  18.  That  all  persons  shall,  before  conviction,  he  bailable  by 
sufficient  sureties,  except  for  capital  offences  when  the  ])r(K)f  is  evi- 
dent or  the  presumption  great.  Excessive  bail  shall  not,  in  any  case, 
be  required. 

Sec.  19.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  except  when  necessary  for  public  safety  in  times  of  rebel- 
lion or  invasion. 

Sec.  20.  That  treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and 
comfort ;  and  that  no  person  shall  be  convicted  of  treason,  except  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  his  own  con- 
fession in  open  court. 

Sec.  21.  That  no  person  shall  be  attainted  of  treason  by  the  Gen- 
eral Assembly;  and  that  no  conviction  shall  work  corruption  of 
blood  or  forfeiture  of  estate. 

Sec.  22.  That  no  person  shall  be  imprisoned  for  debt. 
•  Sec.  23.  That  no  power  of  suspending  laws  shall   l)e  exercised, 
except  by  the  General  Assembly,  or  by  its  authority. 

Sec.  24.  That  no  ex  post  facto  law,  or  any  law  impairing  the  obliga- 
tion of  contracts,  shall  be  made. 

Sec.  25.  That  private  property  shall  not  be  taken  or  applied  for 
public  use,  unless  just  compensation  be  made  therefor;  nor  shall 
private  property  be  taken  for  private  use,  or  for  the  use  of  corpora- 
tions, other  than  municipal,  without  the  consent  of  the  owner: 
Provided^  however^  That  laws  may  be  made  securing  to  persons  or 
corporations  the  right  of  way  over  the  lands  of  either  persons  or  cor- 
porations, and  for  works  of  internal  improvement,  the  right  to  estab- 
lish depots,  stations,  and  turn-outs;  but  just  compensation  shall,  in 
all  cases,  be  first  made  to  the  owner. 

Sec.  2C.  That  all  navigable  waters  shall  remain  forever  public 
highways,  free  to  the  citizens  of  the  State,  and  of  the  United  States, 
without  tax,  impost  or  toll  imposed ;  and  that  no  tax,  toll,  impost  or 
wharfage  fihall  iSe  demanded  or  received  from  the  owner  of  any  mer- 
chandise or  commodity,  for  the  use  of  the  shores,  or  any  wharf 
erected  on  the  shores,  or  in  or  over  the  waters  of  any  navigable 
stream,  unless  the  same  be  expressly  authorized  by  the  General 
Assembly. 

Sec.  27.  That  the  citizerus  have  a  right,  in  a  peaceable  manner,  to 
assemble  together  for  the  common  good,  and  to  apply  to  those  invested 
with  the  power  of  government,  tor  redress  of  grievances,  or  other 
purposes,  by  petition,  address  or  remonstrance. 

Sec.  28.  That  every  citizen  has  a  right  to  l)ear  arms  in  defence  of 
himself  and  the  State. 

Sec.  29.  That  no  person  who  conscientiously  scruples  to  bear  arms 
shall  ha  compelled  to  do  so,  but  may  pay  an  equivalent  for  personal 
service. 

Sec.  30.  That  no  standing  army  shall  be  kept  up  without  the  con- 
sent of  the  General  Assembly;  and,  in  that  case,  no  appropriation 


Alabama— 1867  135 

for  its  support  shall  be  made  for  a  longer  term  than  one  year,  and  the 
military  shall,  in  all  cases,  and  at  all  times,  be  in  strict  subordination 
to  the  civil  power. 

Sec.  31.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner;  or  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

Sec.  32.  That  no  title  of  nobility,  or  hereditary  distinction,  privi- 
lege, honor,  or  emolument,  shall  ever  be  granted  or  conferred  in  this 
State ;  that  no  property  qualification  shall  be  necessary  to  the  election 
to,  or  holding  of  any  office  in  this  State,  and  that  no  office  shall  be 
created,  the  appointment  to  which  shall  be  for  a  longer  time  than  dur- 
ing good  behavior. 

Sec.  33.  That  emigration  from  the  State  shall  not  be  prohibited; 
and  that  no  citizen  shall  be  exiled. 

Sec.  34.  That  temporary  absence  from  the  State  shall  not  cause  a 
forfeiture  of  residence  once  obtained. 

Sec.  35.  That  no  form  of  slavery  shall  exist  in  this  State ;  and 
there  shall  be  no  involuntary  servitude,  otherwise  than  for  the  pun- 
ishment of  crime,  of  which  the  party  shall  have  been  duly  convicted. 

Sec.  3G.  The  right  of  suffrage  shall  be  protected  by  laws,  regulating 
elections,  and  prohibiting,  under  adequate  penalties,  all  undue  influ- 
ences from  power,  bribery,  tumult  or  other  improper  conduct. 

Sec.  37.  That  this  State  has  no  right  to  sever  its  relation  to  the 
Federal  Union,  or  to  pass  any  law  in  derogation  of  the  paramount 
allegiance  of  the  citizens  of  this  State  to  the  Government  of  the 
United  States. 

Sec.  38.  That  this  enumeration  of  certain  rights  shall  not  impair 
or  deny  others  retained  by  the  people. 

Article  II 

STATE  AXD  COUNTY  BOUNDARIES 

Section  1.  Th'^  boundaries  of  this  State  are  established  and 
declared  to  be  as  follows — that  is  to  say:  Beginning  at  the  point 
where  the  thirty-first  degree  of  north  latitude  crosses  the  Perdido 
River;  thence  east  to  the  western  boundary-line  of  the  State  of 
Georgia ;  thence  along  said  line  to  the  southern  boundary-line  of  the 
State  of  Tennessee;  thence  w^est  along  the  southern  boundary-line  to 
the  State  of  Tennessee,  crossing  the  Tennessee  River,  and  on  to  the 
second  intersection  of  said  river,  by  said  line;  thence  up  said  river 
to  the  mouth  of  Big  Bear  Creek;  thence  by  a  direct  line  to  the  north- 
west corner  of  Washington  County,  in  this  State,  as  originally 
formed ;  thence  southerly,  along  the  line  of  the  State  of  Mississippi, 
to  the  Gulf  of  Mexico;  thence  eastwardly,  including  all  islands 
within  six  leagues  of  the  shore,  to  the  Perdido  River,  and  thence  up 
the  said  river  to  the  beginning. 

Sec.  2.  The  General  Assembly  may,  by  a  two-thirds  vote  of  both 
houses  thereof,  arrange  and  designate  boundaries  for  the  several 
counties  of  this  State,  Avhich  boundaries  shall  not  be  altered,  except 
by  a  like  vote.  But  no  new  counties  shall  be  hereafter  formed  of  less 
extent  than  six  hundred  square  miles;  and  no  existing  county  shall  be 
reduced  to  less  extent  than  six  hundred  square  miles;  and  no  new 
county  shall  be  formed  which  does  not  contain  a  sufficient  number  of 


136  Alabama— 1867 

inhabitants  to  entitle  it  to  one  representative  under  the  ratio  of  rep- 
resentation existing  at  the  time  of  its  formation,  or  unless  the  county 
or  counties  from  which  it  is  taken  shall  be  left  with  the  required  num- 
ber of  inhabitants  entitling  such  county  or  counties  to  separate  repre- 
sentation. 

Articxe  III 

DISTRIBUTION    OK   POWERS   OF  GOVERNMENT 

Section  1.  The  powers  of  the  government  of  the  State  of  Alabama 
shall  be  divided  into  three  distinct  departments,  each  of  which  shall 
be  confided  to  a  separate  body  of  magistracy,  to  wit :  Those  which  are 
legislative,  to  one;  those  which  are  executive,  to  another;  and  those 
which  are  judicial,  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 

Article  IV 

legislative  department 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  senate  and  house  of  rep- 
resentatives. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be :  "^e  it  enacted 
by  the  General  Assembly  of  Alabama^  Each  law  shall  contain  but 
one  subject,  which  shall  be  clearly  expressed  in  its  tille;  and  no  law 
shall  be  revised  or  amended  unless  the  new  act  contain  the  entire  act 
revised,  or  the  section  or  sections  amended ;  and  the  section  or  sections 
so  amended  shall  be  repealed. 

Sec.  3.  Senators  and  Representatives  shall  be  elected  by  the  qual- 
ified electors,  on  the  Tuesday  after  the  first  Monday  in  November. 
The  term  of  office  of  the  senators  shall  be  four  years,  and  that  of  the 
Representatives  two  years,  commencing  on  the  day  after  the  general 
election. 

Sec.  4.  No  person  shall  be  a  Representative  unless  he  is  eligible  as 
an  elector  to  vote  for  members  of  the  General  Assembly. 

Sec.  5.  No  person  shall  be  a  Senator,  unless  he  be  eligible  as  an 
elector  to  vote  for  members  of  the  General  Assembly,  and  shall  be 
twenty-seven  years  of  age,  and  shall  have  resided  for  two  years  within 
the  State,  and  for  the  last  year  thereof  within  the  district  fov  which 
he  shall  be  chosen. 

Sec.  0.  The  House  of  Representatives,  when  assembled,  shall  choose 
a  speaker,  and  its  other  officers;  and  the  Senate  shall  choose  a  presi- 
dent, in  the  absence  of  the  lieutenant-governor,  and  its  other  officers; 
each  house  shall  judge  of  the  qualifications,  elections  and  returns  of  its 
own  members,  but  a  contested  election  shall  be  determined  in  such 
manner  as  shall  l>e  directed  by  law.  The  president  of  the  senate  and 
the  speaker  of  the  House  or  Representatives  shall  remain  in  office 
until  their  successors  are  elected  and  qualified. 

Sec.  7.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 


Alabama— 1867  137 

may  compel  the  attendance  of  absent  members,  in  such  manner  and 
under  such  penalties  as  each  house  may  provide. 

Sec.  8.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  conduct,  and,  with  the  consent  of 
two-thirds,  expel  a  member;  but  not  a  second  time  for  the  same  cause; 
and  shall  have  all  other  powers  necessary  for  a  branch  of  the  Legis- 
lature of  a  free  and  independent  State. 

Sec.  9.  Each  house,  during  the  session,  may  punish  by  imprison- 
ment, any  person  not  a  member,  for  disrespectful  or  disorderly 
behavior  in  its  presence,  or  obstructing  any  of  its  proceedings: 
Provided,  That  such  imprisonment  shall  not,  at  any  time,  exceed 
forty-eight  hours. 

Sec,  10.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
cause  the  same  to  be  published  immediately  after  its  adjournment, 
excepting  such  parts  as  in  its  judgment  may  require  secrecy;  and 
the  yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  one-tenth  of  the  members  present,  be  entered 
on  the  journals.  Any  member  of  either  house  shall  have  liberty  to 
dissent  from,  or  protest  against,  any  act  or  resolution,  which  he  may 
think  injurious  to  the  public  or  an  individual,  and  have  the  reasons 
of  his  dissent  entered  on  the  journals. 

Sec.  11.  Members  of  the  General  Assembly  shall,  in  all  cases, 
except  treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest ; 
and  they  shall  not  be  subject  to  any  civil  process  during  the  session 
of  the  General  Assembly,  nor  for  fifteen  days  next  before  the  com- 
mencement and  after  the  termination  of  each  session. 

Sec.  12.  Wlien  vacancies  occur  in  either  house,  the  governor,  or 
the  person  exercising  the  powers  of  the  governor,  shall  issue  writs 
of  elections  to  fill  such  vacancies. 

Sec,  13.  The  doors  of  each  house  shall  be  open,  except  on  such 
occasions  as  in  the  opinion  of  the  house  may  require  secrecy. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

Sec.  15.  Bills  may  originate  in  either  house,  and  be  amended, 
altered  or  rejected  by  the  other;  but  no  bill  shall  have  the  force  of 
law,  until  on  three  several  days  it  be  read  in  each  house,  and  free 
discussion  be  allowed  thereon;  unless  in  case  of  urgency,  four-fifths 
of  the  house  in  which  the  bill  shall  be  pending,  may  deem  it  expe- 
dient to  dispense  with  this  rule.  And  every  bill,  having  passed 
both  houses,  shall  be  signed  by  the  speaker  and  president  of  their 
respective  houses:  Provided,  That  all  bills  for  raising  revenue  shall 
originate  in  the  House  of  Representatives,  but  the  Senate  may 
amend  or  reject  them  as  other  bills. 

Sec.  16.  Every  bill  or  resolution  having  the  force  of  law,  to  which 
the  concurrence  of  both  houses  of  the  General  Assembly  may  be 
necessary,  except  on  a  question  of  adjournment,  which  shall  have 
passed  both  houses,  shall  be  presented  to  the  governor,  and  if  he 
approve,  he  shall  sign  it ;  if  not,  he  shall  return  it  with  his  objections, 
to  the  house  in  which  it  shall  have  originated,  who  shall  enter  the 
objections  at  large  on  the  journals,  and  proceed  to  reconsider  it. 
If  after  such  reconsideration,  a  majority  of  the  whole  number  of 
members  of  that  house  shall  agree  to  pass  it,  it  shall  be  sent,  together 


138  Alabama— 1867 

with  the  objections,  to  the  other  house,  by  which  it  shall  lx»  recon- 
sidered, and  if  approved  by  a  majority  of  the  whole  number  of 
members  of  that  house,  it  shall  have  the  same  effect  as  if  it  had  been 
signed  by  the  governor;  but  in  all  such  cases,  the  votes  of  both  houses 
shall  be  taken  by  yeas  and  nays,  and  the  names  of  pei"sons  voting  for 
and  against  the  bill  or  resolution,  shall  be  entered  on  the  journals  of 
both  houses  respectively.  If  the  bill  or  resolution  shall  not  be  returned 
by  the  goveraor  within  five  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  it  shall  have  the  same  force  and  effect 
as  if  he  had  signed  it,  unless  the  General  Assembly  by  its  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Sec.  17.  Every  order,  resolution  or  vote,  to  which  the  concurrence 
of  both  houses  may  be  necessary,  (except  on  questions  of  adjourn- 
ment, and  for  bringing  on  elections  by  the  two  houses,)  shall  be 
presented  to  the  governor,  and  before  it  shall  take  effect  be  approved 
by  him,  or,  being  disapproved,  shall  be  repassed  by  both  houses, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  bills. 

Sec.  18.  Each  member  of  the  General  Assembly  shall  receive  from 
the  public  treasury  such  compensation  for  his  services  as  may  be  pre- 
scribed by  law ;  but  no  increase  of  compensation  shall  take  effect 
during  the  session  at  wliich  such  increase  shall  have  been  made. 

Sec.  19.  No  Senator  or  Representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  of 
profit  under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased  during  such  term,  except 
such  office  as  may  be  filled  by  election  by  the  people. 

Sec.  20.  No  person  who  holds  any  lucrative  office  under  the  United 
States,  or  under  this  State,  or  any  other  State  or  government  (except 
postmasters,  officers  in  the  militia  to  whose  office  no  annual  salary 
is  attached,  justices  of  the  peace,  meml)ers  of  the  court  of  county 
commissioners,  notaries  public,  and  commissioners  of  deeds;)  no  j^er- 
son  who  have  been  convicted  of  having  given  or  offered  any  bribe  to 
procure  his  election  to  any  office;  no  i)erson  who  has  been  convicted 
of  bribery,  forgery,  perjury,  or  other  high  crime,  or  misdemeanor, 
which  may  be  by  law  declared  to  disqualirv  him;  and  no  person  who 
has  been  a  collector,  or  holder  of  any  public  moneys,  and  has  failed 
to  account  for  and  pay  o\er  to  the  treasury  all  sums  for  which  he 
may  be  by  law  accountable,  shall  be  eligible  to  the  general  assembly. 

Sec.  21.  The  General  Assembly  shall  meet  annually,  on  such  day  as 
may  be  by  law  prescribed,  and  shall  not  remain  in  session  longer  than 
thirty  days,  except  by  a  vote  of  two-thirds  of  each  house. 

Sec.  22.  In  all  elections  by  the  General  Assembly,  the  members 
shall  vote  vira  voce,  and  the  votes  shall  be  entered  on  the  journals. 

Sec.  23.  All  State  officers  may  be  impeached  for  any  misdemeanor 
in  office,  but  judgment  shall  not  extend  further  than  removal  from 
office,  and  disqualification  to  hold  office,  under  the  authority  of  this 
State.  The  party  impeached,  whether  convicted  or  not,  shall  be 
liable  to  indictment,  trial  and  judgment,  according  to  law. 

Sec.  24.  The  House  of  Representatives  shall  have  the  sole  power  of 
preferring  impeachment.  All  impeachments  shall  he  tried  by  the 
Senate ;  the  Senatoi's,  when  sitting  for  that  purpose,  shall  be  on  oath 
or  affirmation :  and  no  person  shall  be  convicted  under  an  impeach- 
ment without  the  concurrence  of  two-thirds  of  the  Senators  present. 

Sec.  25.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  such 


Alahama~1867  139 

laws  as  may  be  necessary  and  proper  to  decide  differences  by  arbi- 
trators, to  be  appointed  by  the  parties  who  may  choose  that  mode  of 
adjustment. 

Sec.  2G.  It  shall  be  the  duty  of  the  General  Assembly,  from  time  to 
time,  as  circumstances  ma}'  require,  to  frame  and  adopt  a  penal  code 
founded  on  principles  of  reformation. 

Sec.  27.  It  shall  be  the  duty  of  the  General  Assembly,  within  five 
years  after  the  adoption  of  this  constitution,  and  within  every  sub- 
sequent period  of  ten  years,  to  make  provision  by  law  for  the  revi- 
sion, digesting  and  promulgation  of  all  the  public  statutes  of  this 
State,  both  civil  and  criminal. 

Sec.  28.  The  General  Assembly  shall  have  power  to  pass  such  penal 
laws  as  they  may  deem  expedient,  to  suppress  the  evil  practice  of 
duelling. 

Sec.  29.  It  shall  be  the  duty  of  the  General  Assembly  to  regulate 
by  law  the  cases  in  which  deductions  shall  be  made  from  the  salaries 
of  public  officers  for  neglect  of  duty  in  their  official  capacities,  and 
the  amount  of  such  deductions. 

Sec.  30.  Divorces  from  the  bonds  of  matrimony  shall  not  be 
granted  but  in  cases  by  law  provided  for,  and  by  suit  in  chancery ;  but 
decisions  in  chancery  for  divorce  shall  be  final,  unless  appealed  from 
in  the  manner  prescribed  by  law,  within  three  months  from  the  date 
of  the  enrolment  thereof. 

Sec.  31.  No  money  shall  be  drawn  from  the  treasury  but  in  pursu- 
ance of  an  appropriation  made  by  law ;  and  a  regular  statement  and 
account  of  receipts  and  expenditures  of  all  public  moneys  shall  be 
published  annually,  in  such  manner  as  may  be  by  law  directed. 

Sec.  32.  The  General  Assembly  shall  not  borrow  or  raise  money  on 
the  credit  of  this  State,  except  for  purposes  of  military  defence 
against  actual  or  threatened  invasion,  rebellion  or  insurrection,  with- 
out the  concurrence  of  tAvo-thirds  of  the  members  of  each  house; 
nor  shall  the  debts  or  liabilities  of  any  corporation,  person  or  persons, 
or  other  States  by  guaranteed,  nor  any  money,  credit  or  other  thing 
be  loaned  or  given  away,  except  by  a  like  concurrence  of  each  house ; 
and  the  votefi  shall,  in  each  case,  be  taken  by  the  yeas  and  nays,  and 
be  entered  on  the  journals. 

Sec.  33.  The  State  shall  not  engage  in  works  of  internal  improve- 
ment; but  its  credit  in  aid  of  such  may  be  pledged  by  the  General 
Assembly  on  undoubted  security,  by  a  vote  of  two-thirds  of  each 
house  of  the  General  Assembly. 

Sec.  34.  It  shall  be  the  duty  of  the  General  Assembly  to  make 
adequate  provisions  in  each  county  for  the  maintenance  of  the  poor 
of  this  State. 

Sec.  35.  Any  citizen  of  this  State  who  shall,  after  the  adoption  of 
this  Constitution,  either  in  or  out  of  this  State,  fight  a  duel  with 
deadly  weapons,  or  send,  or  accept  a  challenge  so  to  do,  or  act  as  a 
second,  or  knowingly  aid  or  assist  in  any  manner  those  thus  offending, 
shall  be  incapable  of  holding  any  office  under  this  State. 

Sec.  36.  The  General  Assembly  shall  not  have  power  to  authorize 
any  municipal  corporation  to  pass  any  laws  contrary  to  the  general 
laws  of  the  State,  nor  to  levy  a  tax  on  real  and  personal  property  to 
a  greater  extent  than  two  per  centum  of  the  assessed  value  of  such 
property. 


140  Alabama— 1867 

Sec.  37.  In  the  event  of  annexation  of  any  foreign  territory  to  this 
State,  the  General  Assembly  shall  enact  laws  extending  to  the  inhab- 
itants of  the  acquired  territory  all  the  rights  and  privileges  which 
may  be  required  by  the  terms  of  the  acquisition,  anything  in  this 
Constitution  to  the  contrary  notwithstanding. 

Article  V 

EXECUTIVE   DEPARTMENT 

Section  1.  The  P^xecutive  Department  shall  consist  of  a  Governor, 
Lieutenant-Governor,  Secretar}'  of  State,  Auditor,  Treasurer,  and 
Attorney-General,  Avho  shall  be  chosen  by  the  electors  of  the  State, 
at  the  time  and  places  at  which  they  shall  vote  for  Representatives. 

Sec.  2.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
Treasurer,  and  Attorney-General  shall  hold  their  offices  for  the  term 
of  two  years,  and  the  Auditor  for  the  term  of  four  years. 

Sec.  3.  The  returns  of  every  election  for  the  officers  named  in  the 
preceding  section,  shall  be  sealed  up  and  transmitted  to  the  seat  of 
Government,  by  the  returning  officers,  directed  to  the  presiding 
officer  of  the  Senate,  who,  during  the  first  week  of  the  session,  shall 
open  and  publish  the  same  in  the  presence  of  a  majority  of  the  mem- 
bers of  the  General  Assembly ;  the  person  having  the  highest  number 
of  votes  shall  be  declared  duly  elected,  but  if  two  or  more  shall  be 
highest  and  equal  in  votes  for  the  same  office,  one  of  them  shall  be 
chosen  by  the  joint  vote  of  both  houses.  Contested  elections  for 
executive  officers  shall  be  determined  by  both  houses  of  the  General 
Assembl)^,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  supreme  executive  power  of  this  State  shall  be  vested  in 
the  Governor. 

Sec.  5.  He  shall  take  care  that  the  laws  are  faithfully  executed. 

Sec.  6.  He  may  require  information  in  writing,  from  the  officers  in 
the  executive  department,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices. 

Sec.  7.  He  shall  communicate  at  every  session,  by  message  to  the 
General  Assembly',  the  condition  of  the  State,  and  recommend  such 
measures  as  he  shall  deem  expedient. 

Sec.  8.  He  may,  on  extraordinary  occasions,  convene  the  General 
Assembly  by  proclamation,  and  shall  state  to  both  houses,  when 
assembled,  the  purposes  for  which  they  have  been  convened. 

Sec.  9.  In  case  of  disagreement  between  the  two  houses,  in  respect 
to  the  time  of  adjournment,  he  shall  have  power  to  adjourn  the 
General  Assembly  to  such  time  as  he  may  think  proper,  but  not 
beyond  the  regular  meetings  thereof. 

Sec.  10.  He  shall  be  commander-in-chief  of  the  military  and  naval 
forces  of  the  State,  except  when  they  shall  be  called  into  the  service 
of  the  United  States. 

Sec.  11.  He  shall  have  power,  after  conviction,  to  grant  reprieves, 
commutations  and  pardons  for  all  offences,  (except  treason  and  cases 
of  impeachment,)  upon  such  conditions  as  he  may  think  proper,  sub- 
ject, nowever,  to  such  regulations  as  to  the  manner  of  applying 
for  pardons  as  mav  l>e  prescribed  by  law;  but  such  pardons  shall 
not  relieve  from  civil  or  political  disability.     Upon  conviction  of 


Alabama— 1867  141 

treason,  he  may  suspend  the  execution  of  the  sentence,  and  report 
the  same  to  the  general  assembly  at  the  next  meeting,  when  the 
General  Assembly  shall  either  pardon,  commute  the  sentence,  direct 
its  execution,  or  grant  further  reprieve.  He  shall  communicate  to 
the  general  assembly,  at  every  regular  session,  each  case  of  reprieve, 
commutation,  or  pardon  granted,  stating  the  name  and  crime  of  the 
convict,  the  sentence,  its  date,  and  the  date  of  the  commutation, 
pardon  or  reprieve,  with  his  reasons  therefor. 

Sec.  12.  There  shall  be  a  great  seal  of  the  State,  which  shall  be  kept 
and  used  by  the  Governor  oflicially;  and  the  seal  heretofore  in  use, 
shall  continue  to  be  the  great  seal  of  the  State  imtil  another  shall 
have  been  adopted  by  the  General  Assembly. 

Sec.  13.  All  grants  and  commissions  shall  be  issued  in  the  name 
and  by  the  authority  of  the  State  of  Alabama,  sealed  with  the  great 
seal,  signed  by  the  governor,  and  countersigned  by  the  Secretary  of 
State. 

Sec.  14.  No  member  of  Congress,  or  other  person,  holding  office 
under  the  authority  of  this  State,  or  of  the  United  States,  shall  exe- 
cute the  office  of  Governor,  except  as  herein  provided. 

Sec.  15.  In  case  of  the  death,  impeachment,  resignation,  removal, 
or  other  disability  of  the  Governor,  the  poAvers  and  duties  of  the  office, 
for  the  residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the  disa- 
bility removed,  shall  devolve  upon  the  Lieutenant-Governor. 

Sec.  1G.  The  lieutenant-governor  shall  be  president  of  the  Sen- 
ate, but  shall  vote  only  when  the  senate  is  equally  divided;  and  in 
case  of  his  absence  or  impeachment,  or  when  he  shall  exercise  the 
office  of  Governor,  the  senate  shall  choose  a  president  p7'o  tempore. 

Sec.  17.  If  the  Lieutenant-Governor,  Avhile  executing  the  office  of 
Governor,  shall  be  impeached,  displaced,  resign  or  die,  or  otherwise 
become  incapable  of  performing  the  duties  of  the  office,  the  president 
of  the  Senate  shall  act  as  Governor  until  the  vacancy  is  filled  or  the 
disability  removed ;  and  if  the  President  of  the  Senate  for  any  of  the 
above  causes  shall  be  rendered  incapable  of  performing  the  duties 
pertaining  to  the  office  of  Governor,  the  same  shall  devolve  upon  the 
Speaker  of  the  House  of  Representatives. 

Sec.  18.  Should  the  office  of  Secretary  of  State,  Auditor,  Treasurer, 
or  Attorney-general  become  vacant  from  any  of  the  causes  specified 
in  the  fifteenth  section  of  this  article,  the  governor  shall  fill  the 
vacancy  until  the  disability  is  removed,  or  a  successor  elected  and 
qualified.  Every  such  vacancy  shall  be  filled  by  election  at  the  first 
general  election  that  occurs  more  than  thirty  days  after  it  shall  have 
occurred,  and  the  person  chosen  shall  hold  the  office  for  the  full  term 
fixed  in  the  second  section  of  this  article. 

Sec.  19.  The  officers  mentioned  in  this  article  shall,  at  stated  times, 
receive  for  their  services  a  compensation  to  be  established  by  law, 
which  shall  neither  be  increased  or  diminished  during  the  period  for 
which  they  shall  have  been  elected. 

Sec.  20.  The  officers  of  the  Executive  Department,  and  of  the  pub- 
lic institutions  of  the  State,  shall,  at  least  five  days  preceding  each 
regular  session  of  the  General  Assembly,  severally  report  to  the  Gov- 
ernor, who  shall  transmit  such  reports  with  his  message  to  the  Gen- 
eral Assembly. 

Sec.  21.  A  sheriff  shall  be  elected  in  each  county  by  the  qualified 
7251— VOL  1—07 12 


142  Alabama— 1867 

electors  thereof,  who  shall  hold  his  office  for  the  term  of  three  years, 
unless  sooner  removed,  and  shall  not  be  eligible  to  serve  either  as 
principal  or  depiitv  for  any  two  successive  terms.  Vacancies  in  the 
office  of  sheriff  shall  be  filled  by  the  Governor  as  in  other  cases;  and 
the  person  appointed  shall  continue  in  office  until  the  next  general 
election  in  the  county  for  sheriff,  as  by  law  provided. 

Article  VI 

JUDICIAL   DEPARTMENT 

Section  1.  The  judicial  power  of  the  State  shall  Ije  vested  in  the 
Senate  sitting  as  a  court  of  impeachment,  a  Supreme  Court,  Circuit 
Courts,  Chancery  Courts,  Courts  of  Probate,  such  inferior  Courts  of 
Law  and  Equity,  to  consist  of  not  more  than  five  members,  as  the 
General  Assembly  may  from  time  to  time  establish,  and  such  i^ersons 
as  nuiy  Iw  by  law  invested  with  powers  of  a  judicial  nature. 

Sec.  2.  Except  in  cases  otherwise  directed  in  the  Constitution,  the 
Supreme  Court  shall  have  appellate  jurisdiction  only,  which  shall  be 
coextensive  with  the  State,  under  such  restrictions  and  regulations 
not  repugnant  to  this  Constitution,  as  may  from  time  to  time  be 
prescrilx^d  by  law :  Provided,  That  said  court  shall  have  power  to 
issue  writs  of  injunction,  rnandamus,  habeas  corpus,  quo  warranto, 
and  such  other  remedial  and  original  writs  as  may  be  necessary  to 
give  it  a  general  superintendence  and  control  of  inferior  jurisdiction. 

Sec.  8.  The  Supreme  Court  shall  be  held  at  the  seat  of  government, 
but  if  that  shall  have  become  dangerous  from  an  enemy,  or  from 
disease,  it  may  adjourn  to  a  different  place. 

Sec.  4.  The  State  shall  be  divided  by  the  General  Assembly  into 
convenient  circuits,  each  of  which  shall  contain  not  less  than  three 
nor  more  than  eight  counties;  and  for  each  circuit  there  shall  be 
chosen  a  judge,  who  shall,  after  his  election  or  appointment,  reside 
in  the  circuit  for  which  he  shall  have  been  chosen. 

Sec.  5.  The  Circuit  Court  shall  have  original  judisdiction  in  all 
matters,  civil  and  criminal,  within  the  State,  not  otherwise  excepted 
in  the  Constitution,  but  in  civil  cases  only  when  the  matter  or  sum  in 
controversy  exceeds  fifty  dollars:  Prorided,  Jioicever,  That  the  Cir- 
cuit Court  shall  have  equity  jurisdiction  concurrent  with  the  Courts 
of  Chancery  in  all  cases  for  divorce,  and  cases  in  which  the  value  of 
the  matter  in  controversy  does  not  exceed  the  sum  of  five  thousand 
dollars. 

Sec.  6.  A  Circuit  Court  shall  be  held  in  each  county  in  the  State 
at  least  twice  in  every  year,  and  the  Judges  of  the  several  circuits 
may  hold  courts  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law :  Proinded,  That  the  Judges  of  the 
several  Circuit  Courts  shall  have  power  to  issue  writs  of  injunction 
returnable  into  Courts  of  Chancery. 

Sec.  7.  The  General  Assembly  shall  have  power  to  establish  a 
Cour  or  Courts  of  Chancery  with  original  and  appellate  jurisdiction. 
The  State  shall  be  divided  by  the  General  Aasembly  into  convenient 
Chancery  Divisions,  and  the  Divisions  into  Districts;  and  for  each 
division  there  shall  be  a  Chancellor,  who  shall,  after  his  election  or 


Alabama— 1867  143 

appointment,  reside  in  the  Division  for  which  he  shall  have  been 
elected  or  appointed. 

Sec.  8.  A  Chancery  Court  shall  be  held  in  each  county  at  a  place 
therein  to  be  fixed  by  law,  and  the  Chancellors  may  hold  courts  for 
each  other,  when  they  deem  it  expedient. 

Sec.  9.  The  General  Assembly  shall  have  power  to  establish  in  each 
county  within  the  State  a  Court  of  Probate,  with  general  jurisdiction 
for  the  granting  of  letters  testamentary  and  of  administration,  and 
for  orphans'  business;  and  the  General  Assembly  may  confer  on  the 
said  courts,  jurisdiction  of  contracts  for  labor,  and  order  frequent 
sessions  for  that  purpose. 

Sec.  10.  The  Judges  of  the  Supreme  Court,  Circuit  Courts,  and 
Courts  of  Chancery,  shall,  at  stated  times,  receive  for  their  services 
a  compensation  which  shall  not  be  diminished  during  their  continu- 
ance in  office ;  but  they  shall  receive  no  fees  or  perquisites,  nor  hold 
any  office  (except  judicial  offices)  of  profit  or  trust  under  this  State, 
or  the  United  States,  during  the  term  for  which  they  have  been 
elected,  nor  under  any  other  power  during  their  continuance  in  office. 

Sec.  11.  Judges  of  the  Supreme  Court,  and  Chancellors,  and 
Judges  of  the  Circuit  and  Probate  Courts,  and  of  such  other  inferior 
courts  as  may  be  by  law  established,  shall  be  elected  by  the  qualified 
electors  of  the  respective  counties,  cities,  towns  or  districts,  for  which 
said  courts  may  be  established,  on  the  Tuesday  after  the  first  Monday 
in  November  of  each  year,  or  such  other  day  as  may  be  by  law  pre- 
scribed. Vacancies  in  the  office  of  the  Circuit  Judge,  Judge  of  Pro- 
bate, or  Judge  of  any  other  inferior  court  established  by  law,  shall 
be  filled  by  the  Governor;  and  the  person  appointed  by  him  shall 
hold  office  until  the  next  election  day  appointed  by  law  for  election 
of  Judge,  and  until  his  successor  shall  have  been  elected  and  qualified. 

Sec.  12.  The  Judges  of  the  several  Courts  of  this  State  shall  hold 
their  office  for  the  term  of  six  years;  and  the  right  of  any  Judge  to 
hold  his  office  for  the  full  term  hereby  prescribed,  shall  not  be  affected 
by  any  change  hereafter  made  by  law  in  any  Circuit  or  District,  or  in 
the  mode  or  time  of  election ;  but  for  any  wilful  neglect  of  duty,  or 
any  other  reasonable  cause  which  shall  not  be  a  sufficient  ground  of 
impeachment,  the  Governor  shall  remove  any  judge  on  the  address 
of  two-thirds  of  each  house  of  the  General  Assembly:  Provided, 
That  the  cause  or  causes  for  which  said  removal  may  be  required, 
shall  be  stated  at  length  in  such  address,  and  entered  on  the  journals 
of  each  house:  And  provided  further,  That  the  judge  intended  to  be 
removed  shall  be  notified  of  such  cause  or  causes,  and  shall  be  ad- 
mitted to  a  hearing  in  his  own  defence,  before  any  vote  for  such 
address ;  and  in  all  such  cases  the  vote  shall  be  taken  by  yeas  and  nays, 
and  be  entered  on  the  journal  of  each  house  respectively. 

Sec.  13.  A  competent  number  of  justices  and  constables  shall  be 
elected  in  and  for  each  county  by  the  qualified  electors  thereof,  who 
shall  hold  office  during  such  terms  as  may  be  prescribed  by  law.  Said 
justices  shall  have  jurisdiction  in  all  civil  cases  wherein  the  amount 
in  controversy  does  not  exceed  one  hundred  dollars.  In  all  cases  tried 
before  such  justices  the  right  of  appeal  shall  be  secured  by  law :  Pro- 
vided, That  notaries  public  appointed  according  to  law  shall  be 
authorized  and  required  to  exercise,  throughout  their  respective  coun- 
ties, all  the  powers  and  jurisdiction  of  justices  of  the  peace. 


144  Alabama— 1867 

Sec.  14.  The  judges  of  the  Supreme  Court  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State ;  as  also  the 
judges  of  the  Circuit  Courts  within  their  respective  circuits,  and  the 
]udges  of  the  inferior  courts  within  their  resj>ective  counties, 

Sfx\  IT).  The  clerk  of  the  Supreme  Court  shall  be  appointed  by  the 
judges  thereof;  registers  in  chancery,  by  the  chancellors  of  the  divi- 
sions; and  all  the  clerks  and  registers  so  appointed  shall  be  removed 
by  the  appointing  power  for  cause  to  be  placed  on  the  records  of  the 
court. 

Sec.  10.  The  Attorney-General  shall  reside  at  the  seat  of  govern- 
ment, and  shall  be  the  law-officer  of  the  State.  During  the  session  of 
the  General  Assembly,  he  shall  furnish  to  the  committees  of  either 
house,  when  required,  draughts  of  bills  and  written  opinions  upon 
any  matter  under  consideration  of  the  committees,  and  shall  j^erform 
such  other  duties  as  may  be  required  of  him  by  law. 

Sec.  17.  A  solicitor  shall  be  elected  in  each  county  in  this  State  by 
the  qualified  electors  of  such  county,  who  shall  reside  in  the  county 
for  which  he  is  elected,  and  perform  such  duties  as  may  be  required 
of  him  by  law.  He  shall  hold  office  for  a  term  of  four  years,  and  in 
case  of  vacancy,  such  vacancy  shall  1h?  filled  by  the  judge  of  the  cir- 
cuit until  his  successor  is  elected  and  qualified. 

Sec.  18.  Clerks  of  the  Circuit  Court,  and  such  inferior  courts  as 
may  be  by  law  established,  shall  be  elected  by  the  qualified  electors  in 
each  county,  for  the  term  of  six  years,  and  may  be  removed  from 
office  for  cause,  and  in  such  manner  as  may  be  by  law  prescril^ed. 
Vacancies  in  the  office  of  clerk  shall  be  filled  by  the  judge  of  the  cir- 
cuit, until  the  next  general  election,  and  until  a  successor  shall  be 
elected  and  qualified:  Prorided,  That  the  General  Assembly  shall 
have  power  to  annex  the  duties  of  clerk  to  the  office  of  judge  of  any 
of  the  inferior  courts  bv  law  established. 

Sec.  19.  The  style  of  all  processes  shall  be  "  The  State  of  Ala- 
bama,''^ and  all  prosecutions  shall  be  carried  on  in  the  name  and  by 
the  authority  of  the  State  of  Alabama,  and  shall  conclude  "  against 
the  peace  and  dignity  of  the  same." 

Akticle  VII 

ELECTIONS 

Sec^tion  1.  In  all  elections  bv  the  people,  the  electors  shall  vote  by 
ballot. 

Sec.  2.  Every  male  person,  born  in  the  United  States,  and  every 
male  person  who  has  been  naturalized,  or  who  has  legally  declared 
his  intention  to  become  a  citizen  of  the  United  States,  twenty-one 
years  old  or  upward,  who  shall  have  resided  in  this  State  six  months 
next  preceding  the  election,  and  six  months  in  the  county  in  which 
he  oners  to  vote,  except  as  hereinafter  provided,  shall  be  deemed  an 
elector:  Prorided^  That  no  soldier,  or  sailor,  or  marine  in  the  mili- 
tarv  or  naval  service  of  the  United  States,  shall  hereafter  acquire  a 
residence  by  reason  of  being  stationed  on  duty  in  this  State. 

Sec.  3.  It  shall  be  the  duty  of  the  General  Assembly  to  provide, 
from  time  to  time,  for  the  registration  of  all  electors;  but  the  follow- 
ing class  of  persons  shall  not  be  permitted  to  register,  vote  or  hold 


Alabama— 1867  145 

o&ce>'.  1st.  Those  who,  during  the  late  rebellion,  inflicted,  or  caused 
to  be  inflicted,  any  cruel  or  unusual  punishment  upon  any  sol- 
dier, sailor,  marine,  employe  or  citizen  of  the  United  States,  or  who 
in  any  other  way  violated  the  rules  of  civilized  warfare.  2d,  Those 
who  may  be  disqualified  from  holding  office  by  the  proposed  amend- 
ment to  the  Constitution  of  the  United  States,  known  as  "Article 
XIV,"  and  those  who  have  been  disqualified  from  registering  to  vote 
for  delegates  to  the  convention  to  frame  a  constitution  for  the  State 
of  Alabama,  under  the  act  of  Congress  "  to  provide  for  the  more  effi- 
cient government  of  the  rebel  States,"  passed  by  Congress  March  2, 
1867,  and  the  act  supplementary  thereto,  except  such  persons  as 
aided  in  the  reconstruction  proposed  by  Congress,  and  accept  the 
political  equality  of  all  men  before  the  law :  Provided,  That  the  Gen- 
eral Assembly  shall  have  power  to  remove  the  disabilities  incurred 
under  this  clause.  3d,  Those  who  shall  have  been  convicted  of  treason, 
embezzlement  of  public  funds,  malfeasance  in  office,  crime  punishable 
by  law  with  imprisonment  in  the  penitentiary,  or  bribery.  4th, 
Those  who  are  idiots  or  insane. 

Sec.  4.  All  persons,  before  registering,  must  take  and  subscribe  the 

following  oath :  I, ,  do  solemnly  swear  (or  affirm)  that 

I  will  support  and  maintain  the  Constitution  and  laws  of  the  United 
States,  and  the  Constitution  and  laws  of  the  State  of  Alabama ;  that 
I  am  not  excluded  from  registering  by  any  of  the  clauses  in  section  3, 
Article  VII,  of  the  Constitution  of  the  State  of  Alabama;  that  I 
will  never  countenance  or  aid  in  the  secession  of  this  State  from  the 
United  States;  that  I  accept  the  civil  and  political  equality  of  all 
men ;  and  agree  not  to  attempt  to  deprive  any  person  or  persons,  on 
account  of  race,  color,  or  previous  condition,  of  any  political  or  civil 
right,  privilege,  or  immunity,  enjoyed  by  any  other  class  of  men; 
and  furthermore,  that  I  will  not  in  any  way  injure,  or  countenance 
in  others  any  attempt  to  injure,  any  person  or  persons,  on  account 
of  past  or  present  support  of  the  Government  of  the  United  States, 
the  laws  of  the  United  States,  or  the  principle  of  the  civil  and  polit- 
ical equality  of  all  men,  or  for  affiliation  with  any  political  party. 

Sec.  5.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  and  civil  process  during  their 
attendance  at  elections,  and  in  going  to  and  returning  from  the  same. 

Sec.  6.  It  shall  be  the  duty  of  the  General  Assembly  to  enact  ade- 
quate laws  giving  protection  against  the  evils  arising  from  the  use 
of  intoxicating  liquors  at  elections. 

Sec.  7.  Returns  of  elections  for  all  civil  officers  elected  by  the 
people,  who  are  to  be  commissioned  by  the  Governor,  and  also  for  the 
members  of  the  General  Assembly,  shall  be  made  to  the  Secretary 
of  State. 

Article  VIII 

representation 

Section  1.  The  House  of  Representatives  shall  consist  of  not  more 
than  one  hundred  members,  who  shall  be  apportioned  by  the  General 
Assembly  among  the  several  counties  of  the  State,  according  to  the 
number  of  inhabitants  in  them  respectively;  and  to  this  end  the 
General  Assembly  shall  cause  an  enumeration  of  all  the  inhabitants 


146  Alabama— 1867 

of  the  State  to  be  made  in  the  year  1875,  and  every  ten  years  there- 
after, and  shall  make  an  apportionment  of  the  representatives  among 
the  several  counties  at  the  first  regular  session  after  each  enumera- 
tion; which  apportionment,  when  made,  shall  not  l)e  subject  to  alter- 
ation until  after  the  next  census  shall  have  been  taken:  Pronided, 
That  each  county  shall  be  entitled  to  at  least  one  representative: 
And  provided^  further^  That  when  two  or  more  adjoining  countias 
shall  each  have  a  residuum,  or  fraction  over  and  above  the  ratio 
then  fixed  by  law,  which  fractions,  when  added  together,  equal,  or 
exceed  that  ratio,  in  that  case  the  county  having  the  largest  fraction 
shall  be  entitled  to  one  additional  representative. 

Sec.  2.  Until  the  General  Assembly  shall  make  an  apportionment 
of  the  representatives  among  the  several  counties,  after  the  first 
enumeration  made  as  herein  provided,  the  counties  of  Autauga,  Bald- 
win, Bibb,  Blount,  Butler,  Calhoun,  Clay,  Clarke,  Cherokee,  Cle- 
burne, Crenshaw,  Choctaw,  Coffee,  Conecuh,  Coosa,  Covington,  Dale, 
De  Kalb,  P^lmore,  Fayette,  Heniy,  Jefferson,  Lauderdale,  Limestone, 
Marshall,  Marion,  Monroe,  Morgan,  Pike,  Randolph,  Saint  Clair, 
Shelby,  Walker,  AVashington  and  Winston,  shall  have  one  representa- 
tive each ;  the  counties  of  Chambers,  Franklin,  Greene,  Hale,  Jackson, 
Lee,  Lawrence,  Macon,  Pickens,  Russell,  Talladega,  Tallapoosa  and 
Tuscaloosa,  shall  be  entitled  to  two  representatives  each;  the  counties 
of  Barbour,  Bullock,  Lowndes,  Madison,  Marengo,  Perry,  Sumter 
and  Wilcox,  shall  be  entitled  to  three  representatives  each;  the 
counties  of  Dallas,  Mobile  and  Montgomery,  shall  be  entitled  to  five 
representatives  each :  Provided^  That  in  the  formation  of  new  coun- 
ties, the  General  Assembly  may  apportion  to  each  its  proper  repre- 
sentation. 

Sec,  3.  The  whole  number  of  Senators  shall  be  not  less  than  one- 
fourth  or  more  than  one-third  of  the  whole  number  of  representa- 
tives; and  it  shall  be  the  duty  of  the  General  Assembly,  at  its  first 
session  after  the  making  of  each  enumeration,  as  provided  by  section 
first  of  this  article,  to  fix  by  law  the  number  of  Senators,  and  to 
divide  the  State  into  as  many  senatorial  districts  as  there  are  Sena- 
tors; which  districts  shall  be  as  nearly  equal  to  each  other  as  may  be 
in  the  number  of  inhabitants,  and  each  shall  be  entitled  to  one  Sena- 
tor, and  no  more:  Provided^  That  no  county  shall  be  divided,  and  no 
two  or  more  counties,  which  are  separated  entirely  by  a  county 
belonging  to  another  district,  shall  be  joined  in  one  district :  And  pro- 
vided^ further^  That  the  senatorial  districts,  when  formed,  shall  not 
be  changed  until  after  the  next  enumeration  shall  have  been  taken. 

Sec.  4.  At  the  first  general  election  after  each  new  apportionment, 
elections  shall  be  held  anew  in  all  the  senatorial  districts.  The  Sena- 
tors elected,  when  convened  at  the  next  ensuing  session  of  the  Gen- 
eral Assembly,  shall  be  divided  by  lot  into  two  classes,  as  nearly 
equal  as  may  be;  the  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  two  years,  and  those  of  the  second  class 
•at  the  expiration  of  four  years,  from  the  day  of  election,  so  that 
(except  as  above  provided,)  one-half  of  the  Senators  may  be  chosen 
biennially. 

Sec.  5.  Until  the  General  Assembly  shall  divide  the  State  into  sena- 
torial districts  as  herein  provided,  the  senatorial  districts  shall  remain 
as  follows :  1st  district.  Limestone  and  Lauderdale ;  2d,  Franklin  and 


Alabama— 1867  147 

Lawrence;  3d,  Morgan,  Blount,  Winston  and  Marion;  4th,  Madison; 
5th,  Jackson,  Marshall  and  l)e  Kalb;  6th,  Cherokee  and  Calhoun; 
Tth,  Walker,  Jefferson  and  Saint  Clair;  8th,  Shelby  and  Bibb;  9th, 
Tuscaloosa  and  Fayette;  10th,  Talledega  and  Clay;  11th,  Chambers, 
Randolph  and  Cleburne;  12th,  Coosa  and  Tallapoosa;  13th,  Lee; 
14th,  Macon;  15th,  Russell;  16th,  Bullock;  I7th,  Barbour;  18th, 
Autauga  and  Elmore;  19th,  Montgomery;  20th,  Lowndes;  21st,  Dal- 
las; 22d,  Perry;  23d,  Hale;  24th,  Greene  and  Pickens;  25th,  Sumter; 
26th,  Marengo;  27th,  Choctaw,  Clarke  and  Washington;  28th,  Mo- 
bile; 29th,  Monroe  and  Baldwin;  30th,  Wilcox;  31st,  Butler  and 
Conecuh ;  32d,  Covington,  Crenshaw  and  Pike ;  33d,  Coffee,  Dale  and 
Henry. 

Sec.  6.  Lentil  a  new  apportionment  of  representatives  to  the  Con- 
gress of  the  United  States  shall  have  been  made,  the  congressional 
districts  shall  remain  as  stated  in  the  Revised  Code  of  Alabama,  and 
after  each  new  apportionment,  the  General  Assembly  shall  divide  the 
State  into  as  many  districts  as  it  is  allowed  Representatives  in  Con- 
gress, making  such  congressional  districts  as  nearly  equal  in  the  num- 
ber of  inhabitants  as  may  be. 

Article  IX 

TAXATION 

Section  1.  All  taxes  levied  on  property  in  this  State,  shall  be 
assessed  in  exact  proportion  to  the  value  of  such  property :  Pro  vided, 
however,  That  the  General  Assembly  may  levy  a  poll-tax  not  to 
exceed  one  dollar  and  fifty  cents  on  each  poll,  which  shall  be  applied 
exclusively  in  aid  of  the  public-school  fund. 

Sec.  2.  No  power  to  levy  taxes  shall  be  delegated  to  individuals 
or  private  corporations. 

Article  X 
militia 

Section  1»  All  able-bodied  male  inhabitants  of  this  State,  between 
the  ages  of  eighteen  years  and  forty-five  years,  who  are  citizens  of  the 
United  States,  or  who  have  declared  their  intention  to  become  citizens 
of  the  United  States,  shall  be  liable  to  military  duty  in  the  militia  of 
this  State ;  but  all  citizens  of  any  denomination  whatever,  who,  from 
scruples  or  conscience,  may  be  averse  to  bearing  arms,  shall  be  exempt 
therefrom  upon  such  conditions  as  may  be  prescribed  by  law. 

Sec.  2.  The  General  Assembly  shall  provide  for  the  organizing, 
arming,  equipping,  and  discipline  of  the  militia,  and  for  paying  the 
same,  when  called  into  active  service,  in  such  manner  as  it  shall  deem 
expedient,  not  incompatible  with  the  laws  of  the  United  States. 

Sec.  3.  Officers  of  the  militia  shall  be  elected  or  appointed  and 
commissioned  in  such  manner  as  may  be  provided  Ijy  the  General 
Assembly. 

Sec.  4.  The  Governor  shall  be  commander-in-chief  of  the  army  and 
navy  of  this  State,  and  of  the  militia,  except  when  called  into  the 
service  of  the  United  States,  and  shall  have  power  to  call  forth  the 


148  Alabama— 1867 

militia  to  execute  the  laws,  to  suppress  riots,  or  insurrections,  and  to 
repel  invasion. 

Sec-.  5.  The  Governor  shall  nominate,  and,  by  and  with  the  consent 
of  the  Senate,  api)oint  one  Major-General  and  three  Brigadier-Gen- 
erals. The  Adjutant-General,  and  other  statF  officers  to  the  com- 
mander-in-chief, shall  be  appointed  by  the  Governor,  and  their 
commissions  shall  expire  with  the  Governor's  term  of  office.  No 
commissioned  officer  shall  be  removed  from  office  except  by  the  Senate, 
on  the  reconnuendation  of  the  Governor,  stating  the  grounds  on  which 
such  iTimoval  is  recommended,  or  by  the  decision  of  a  court-martial 
pursuant  to  law. 

Sec.  G.  The  militia  may  be  divided  into  two  classes,  to  be  desig- 
nated as  "  volunteer  militia  "  and  "  reserve  militia,"  in  such  manner 
as  shall  be  provided  by  law. 

Sec.  7.  The  militia  shall,  in  all  cases,  except  felony,  treason,  or 
breach  of  the  j>eace,  be  privileged  from  arrest  during  their  attendance 
at  musters  and  elections  of  officers,  and  in  going  to  and  returning 
from  the  same. 

Sec.  8.  The  officers  and  men  commissioned  and  organized  shall  not 
be  entitled  to  receive  any  pay,  rations,  or  emoluments  when  not  in 
active  service. 

Article  XI 

EDUCATION 

Section  1.  The  common  schools,  and  other  educational  institutions 
of  the  State,  shall  be  under  the  management  of  a  Board  of  Education, 
consisting  of  a  Superintendent  of  Public  Instruction  and  two  mem- 
bers from  each  Congressional  District. 

The  Governor  of  the  State  shall  be  ex  o^cio,  a  member  of  the 
Board,  but  shall  have  no  vote  in  its  proceedings. 

Sec.  2.  The  Superintendent  of  Public  Instruction  shall  be  Presi- 
dent of  the  Board  of  Education,  and  have  the  casting  vote  in  case  of 
a  tie ;  he  shall  have  the  supervision  of  the  public  schools  of  the  State, 
and  perform  such  other  duties  as  may  be  imposed  upon  him  by  the 
board  and  the  laws  of  the  State.  He  shall  be  elected  in  the  same 
manner  and  for  the  same  term  as  the  Governor  of  the  State,  and 
receive  such  salary  as  may  be  fixed  by  law.  An  office  shall  be  assigned 
him  in  the  capitol  of  the  State. 

Sec  3.  The  members  of  the  Board  shall  hold  office  for  a  term  of 
four  years,  and  until  their  successors  shall  be  elected  and  qualified. 
After  the  first  election  under  the  Constitution,  the  Board  shall  be 
divided  into  two  equal  classes,  so  that  each  class  shall  consist  of  one 
member  from  each  District.  The  seats  of  the  first  class  shall  be 
vacated  at  the  expiration  of  two  years  from  the  day  of  election,  so  that 
one-half  may  be  chosen  biennially. 

Sec.  4.  The  members  of  the  Board  of  Education,  except  the  Super- 
intendent, shall  he  elected  by  the  qualified  electors  of  the  Congres- 
sional Districts  in  which  they  are  chosen,  at  the  same  time  and  in  the 
same  manner  as  the  members  of  Congress. 

Sec  5.  The  Board  of  Education  shall  exercise  full  legislative  pow- 
ers in  reference  to  the  public  educational  institutions  of  the  State,  and 


Alabama— 1867  149 

its  acts,  when  approved  by  the  governor,  or  when  re-enacted  by  two- 
thirds  of  the  Board,  in  case  of  his  disapproval,  shall  have  the  force 
and  effect  of  law,  unless  repealed  by  the  General  Assembly 

Sec.  6.  It  shall  be  the  duty  of  the  Board  to  establish,  throughout 
the  State,  in  each  township  or  other  school-district  which  it  may  have 
created,  one  or  more  schools,  at  which  all  the  children  of  the  State 
between  the  ages  of  five  and  twenty-one  years  may  attend  free  of 
charge. 

Sec.  7.  No  rule  or  law  affecting  the  general  interest  of  education 
shall  be  made  by  the  board  without  the  concurrence  of  a  majority  of 
its  members.  The  style  of  all  acts  of  the  Board  shall  be,  "5<?  it 
enacted  hy  the  Board  of  Education  of  the  State  of  Alahamay 

Sec.  8.  The  Board  of  education  shall  be  a  body  politic  and  cor- 
porate, by  the  name  and  style  of  "  The  Board  of  Education  of  the 
State  of  Alabama."  Said  Board  shall  also  be  a  Board  of  llegents  of 
the  State  University,  and  when  sitting  as  a  Board  of  liegents  of  the 
University  shall  have  power  to  appoint  the  president  and  the  faculties 
thereof.  The  President  of  the  University  shall  be,  ex  officio^  a  mem- 
ber of  the  board  of  regents,  but  shall  have  no  vote  in  its  proceedings. 

Sec.  9.  The  Board  of  Education  shall  meet  annually  at  the  seat  of 
government  at  the  same  time  as  the  General  Assembly,  but  no  session 
shall  continue  longer  than  twenty  days,  nor  shall  more  than  one 
session  be  held  in  the  same  year,  unless  authorized  by  the  Governor. 
The  members  shall  receive  the  same  milekge  and  daily  pay  as  the 
members  of  the  General  Assembly. 

Sec.  10.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted 
by  the  United  States  to  the  State  for  educational  purposes;  of  the 
swamp-lands ;  and  of  all  lands  or  other  property  given  by  individuals 
or  appropriated  by  the  State  for  like  purposes;  and  of  all  estates  of 
deceased  persons  who  have  died  without  leaving  a  will  or  heir;  and 
all  moneys  which  may  be  paid  as  an  equivalent  for  exemption  from 
military  duty,  shall  be  and  remain  a  perpetual  fund,  which  may  be 
increased  but  not  diminished,  and  the  interest  and  income  of  which, 
together  with  the  rents  of  all  such  lands  as  may  remain  unsold,  and 
such  other  means  as  the  General  Assembly  may  provide,  shall  be 
inviolably  appropriated  to  educational  purposes,  and  to  no  other  pur- 
pose whatever. 

Sec.  11.  In  addition  to  the  amount  accruing  from  the  above  sources, 
one-fifth  of  the  aggregate  annual  revenue  of  the  State  shall  be  devoted 
exclusively  to  the  maintenance  of  public  schools. 

Sec.  12.  The  general  assembly  may  give  power  to  the.  authorities 
of  the  school-districts  to  levy  a  poll-tax  on  the  inhabitants  of  the 
district  in  aid  of  the  general  school-fund,  and  for  no  other  purpose. 

Sec.  13.  The  (xeneral  Assembly  shall  levy  a  specific  annual  tax 
upon  all  railroad,  navigation,  banking,  and  insurance  corporations,  and 
upon  all  insurance  and  foreign  bank  and  exchange  agencies,  and  upon 
the  profits  of  foreign  bank  bills  issued  in  this  State  by  any  corpora- 
tion, partnership  or  persons,  which  shall  be  exclusively  devoted  to 
the  maintenance  of  public  schools. 

Sec.  14.  The  General  Assembly  shall,  as  soon  as  practicable,  pro- 
vide for  the  establishment  of  an  agricultural  college,  and  shall  appro- 
priate the  two  hundred  and  forty  thousand  acres  of  land  donated  to 


150  Alabama— 1867 

this  State  for  the  support  of  such  a  college,  by  the  act  of  Congress, 
passed  July  2,  1862,  or  the  money  or  scrip,  as  the  case  may  be,  arising 
from  the  sale  of  said  land,  or  any  lands  which  may  hereafter  be 
granted  or  appropriated  for  such  purpose,  for  the  support  and  main- 
tenance of  such  college,  or  schools,  and  may  make  the  same  a  branch 
of  the  University  of  Alabama  for  instruction  in  agriculture,  in  the 
mechanic  arts,  and  the  natural  sciences  connected  therewith,  and  place 
the  same  under  the  supervision  of  the  regents  of  the  university. 

Article  XII 

INDUSTRIAL   RESOURCES 

Section  1.  A  Bureau  of  Industrial  Resources  shall  be  established, 
to  be  under  the  management  of  a  Coimnissioner,  who  shall  be  elected 
at  the  first  general  election,  and  shall  hold  his  office  for  the  term  of 
four  years. 

Sec.  2.  The  Commissioner  of  Industrial  liesources  shall  collect  and 
condense  statistical  information  concerning  the  productive  industries 
of  the  State ;  and  shall  make,  or  cause  to  be  made,  a  careful,  accurate, 
and  thorough  report  upon  the  agriculture  and  geology  of  the  State, 
and  annually  report  such  additions  as  the  progress  of  scientific 
development  and  extended  explorations  may  require.  He  shall,  from 
time  to  time,  disseminate  among  the  people  of  the  State  such  knowl- 
edge as  he  may  deem  important,  concerning  improved  machinery 
and  production,  and  for  the  promotion  of  their  agricultural,  manu- 
facturing, and  mining  interests;  and  shall  send  out  to  the  people  of 
the  United  States  and  foreign  countries  such  reports  concerning  the 
industrial  resources  of  Alabama  as  may  best  make  known  the  ad- 
vantages offered  by  the  State  to  emigrants;  and  shall  perform  such 
other  duties  as  the  General  Assembly  may  require. 

Sec.  3.  It  shall  be  the  duty  of  the  General  Assembly,  at  the  first 
session  after  the  adoption  of  this  Constitution,  to  pass  such  laws  and 
regulations  as  may  be  necessary  for  the  government  and  protection 
of  this  bureau,  and  also  to  fix  and  provide  for  the  compensation  of 
the  commissioner. 

Sec.  4.  This  bureau  shall  be  located,  and  the  commissioner  shall 
reside  at  the  capital  of  the  State,  and  he  shall  annually  make  a 
written  or  printed  report  to  the  Governor  of  the  State,  to  be  laid 
before  the  General  Assembly  at  each  session. 

Sec.  5.  In  case  of  the  death,  removal,  or  resignation  of  the  com- 
missioner, the  Governor,  with  the  approval  of  the  Senate,  shall  have 
power  to  appoint  a  commissioner  for  the  unexpired  term. 

Article  XIII 

CORPORATIONS 

Section  1.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  act,  except  for  municipal  purposes. 
All  general  laws,  and  special  acts  passed  pursuant  to  this  section, 
may  be  altered,  amended,  or  repealed. 


Alabama— 1867  '  151 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liabilities  of  the  corporators  or  other  means  as  may  be  prescribed  by 
law. 

Sec.  3.  Each  stockholder  in  any  corporation  shall  be  liable  to  the 
amount  of  stock  held  or  owned  by  him. 

Sec  4.  The  property  of  corporations  now  existing,  or  hereafter 
created,  shall  forever  be  subject  to  taxation  the  same  as  property  of 
individuals,  except  corporations  for  educational  and  charitable  pur- 
poses. 

Sec.  5.  No  ri^ht  of  way  shall  be  appropriated  to  the  use  of  any 
corporation,  until  full  compensation  therefor  be  first  made  in  money, 
or  secured  by  a  deposit  of  money  to  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corporation;  which 
compensation  shall  be  ascertained  by  a  jury  of  twelve  men  in  a  court 
of  record,  as  shall  be  prescribed  by  law. 

Sec.  6.  The  General  Assembly  shall  not  have  power  to  establish 
or  incorporate  any  bank  or  banking  company,  or  moneyed  institution, 
for  the  purpose  of  issuing  bills  of  credit  or  bills  payable  to  order  or 
bearer,  except  under  the  conditions  prescribed  in  this  Constitution. 

Sec.  7.  No  bank  shall  be  established,  otherwise  than  under  a  gen- 
eral banking  law,  as  provided  in  the  first  section  of  this  article. 

Sec.  8.  The  General  Assembly  may  enact  a  general  banking  law, 
which  law  shall  provide  for  the  registry  and  countersigning  by  the  Gov- 
ernor of  the  State  of  all  paper  credit  designed  to  be  created  as  money ; 
and  ample  collateral  security,  convertible  into  specie,  or  the  redemp- 
tion of  the  same  in  gold  or  silver,  shall  be  required,  and  such  col- 
lateral security  shall  be  under  the  control  of  such  officer  or  officers  as 
may  be  prescribed  by  law. 

Sec.  9.  All  bills  or  notes  issued  as  money,  shall  be  at  all  times  re- 
deemable in  gold  or  silver,  and  no  law  shall  be  passed  sanctioning, 
directly  or  indirectly,  the  suspension  by  any  bank  or  banking  com- 
pany, of  specie  payment. 

Sec.  10.  Holders  of  bank-notes  shall  be  entitled,  in  case  of  insol- 
vency, to  preference  of  payment  over  all  other  creditors. 

Sec.  11.  Every  bank  or  banking  company  shall  be  required  to 
cease  all  banking  operations  within  twenty  years  from  the  time  of 
its  organization,  and  promptly  thereafter  close  its  business. 

Sec.  12.  No  bank  shall  receive,  directly  or  indirectly,  a  greater  rate 
of  interest  than  shall  be  allowed  by  law  to  individuals  for  lending 
money. 

Sec.  13.  The  State  shall  not  be  a  stockholder  in  any  bank,  nor  shall 
the  credit  of  the  State  ever  be  given  or  lent  to  any  banking  company, 
association,  or  corporation,  except  for  the  purpose  of  expediting  the 
construction  of  railroads,  or  works  of  internal  improvement,  within 
the  State,  and  the  credit  of  the  State  shall,  in  no  case,  be  given  or  lent 
without  the  approval  of  two-thirds  of  both  houses  of  the  general 
assembly. 

Sec.  15.  All  corporations  shall  have  the  right  to  sue  and  shall  be 
subject  to  be  sued,  in  all  courts,  in  like  cases  as  natural  persons. 

Sec.  16.  It  shall  be  the  duty  of  the  General  Assembly  to  provide 
for  the  organization  of  cities  and  incorporated  towns,  and  to  restrict 
their  power  of  taxation,  assessment,  and  contracting  of  debt. 


152  '  Alabama— 1867 

Akticle  XIV 


EXEMPTED   PROPERTY 


Section  1.  The  personal  property  of  any  resident  of  this  State  to 
the  vahiebf  one  thousand  doUars,  to  Iw  selected  by  such  resident,  shall 
be  exempted  from  sale  on  execution,  or  other  final  process  of  any 
court,  issued  for  the  collection  of  any  debt  contracted  after  the  adop- 
tion of  this  Constitution. 

Sec.  2.  Every  homestead,  not  exceeding  eighty  acres  of  land,  and 
the  dwelling  and  appurtenances  thereon,  to  be  selected  by  the  owner 
thereof,  and  not  in  any  town,  city,  or  village,  or  in  lieu  thereof,  at 
the  option  of  the  owner,  any  lot  in  the  city,  town,  or  village,  with  the 
dwelling  and  appurtenances  thereon,  owned  and  occupied  by  any 
resident  of  this  State,  and  not  exceeding  the  value  of  two  thousand 
dollars,  shall  be  exempted  from  sale,  on  execution,  or  any  other  final 
process  from  a  court,  from  any  debt  contracted  after  the  adoption  of 
this  Constitution.  Such  exemption,  however,  shall  not  extend  to 
any  mortgage  lawfully  obtained,  but  such  mortgage  or  other  aliena- 
tion of  such  homesteacl,  by  the  owner  thereof,  if  a  married  man,  shall 
not  be  valid  without  the  voluntary  signature  and  assent  of  the  wife 
of  the  same. 

Sec.  3.  The  homestead  of  a  family,  after  the  death  of  the  owner 
thereof,  shall  be  exempt  from  the  payment  of  any  debts  contracted 
after  the  adoption  of  this  Constitution,  in  all  cases,  during  the  minor- 
ity of  the  children. 

Sec.  4.  The  provisions  of  sections  1  and  2  of  this  article  shall  not 
be  so  construed  as  to  prevent  a  laborers'  lien  for  work  done  and  per- 
formed for  the  person  claiming  such  exemption,  or  a  mechanics'  lien 
for  work  done  on  the  premises. 

Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no 
children,  the  same  shall  be  exempt,  and  the  rents  and  profits  thereof 
shall  inure  to  her  benefit. 

Sec.  6.  The  real  and  personal  property  of  any  female  in  this  State, 
acquired  before  marriage,  and  all  property,  real  and  personal,  to 
which  she  may  afterward  be  entitled  by  gift,  grant,  inheritance,  or 
devise,  shall  be  and  remain  the  separate  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  any  debts,  obligations,  and  engage- 
ments of  her  husband,  and  may  be  devised  or  bequeathed  by  her  the 
same  as  if  she  were  n  fcntmc  sole. 

Article  XV 

OATH   OF   OFFICE 

Section  1.  All  civil  officers  of  this  State,  legislative,  executive,  and 
judicial,  before  they  enter  upon  the  execution  of  the  duties  of  their 
respective  offices,  shall  take  the  following  oath : 

1, ,  do  solemnly  swear  (or  affirm)  that  I  am  not  dis- 
franchised b^y  the  constitution  of  Alabama,  or  by  the  Constitution  or 
laws  of  the  United  States;  that  I  will  honestly  and  faithfully  support 
and  defend  the  Constitution  and  laws  of  the  United  States,  the  Union 
of  the  States,  and  the  Constitution  and  laws  of  the  State  of  Alabama, 
so  long  as  T  remain  a  citizen  thereof:  and  that  I  will  honestly  and 
faithfully  discharge  the  duties  of  the  office  upon  which  I  am  about  to 
enter  to  the  best  of  my  ability.    So  help  me  God. 


Alabama— 1875  153 

Article  XVI 

AMENDMENTS    TO    THE    CONSTITUTION 

Section  1.  The  General  Assembly,  whenever  two-thirds  of  each 
house  shall  deem  it  necessary,  may  propose  amendments  to  this  Con- 
stitution, which  proposed  amendments  shall  be  duly  published  in 
print  at  least  three  months  before  the  next  general  election  of  repre- 
sentatives, for  the  consideration  of  the  people;  and  it  shall  be  the 
duty  of  the  several  returning  officers  at  the  next  general  election 
which  shall  be  held  for  representatives,  to  open  a  poll  for,  and  make 
a  return  to  the  Secretary  of  State  for  the  time  being,  of  the  names 
of  all  those  voting  for  representative  who  have  voted  on  such  pro- 
posed amendments,  and  if  thereupon  it  shall  appear  that  a  majority 
of  all  the  citizens  of  the  State  voting  for  representatives  have  voted 
in  favor  of  such  proposed  amendments,  and  two-thirds  of  each  house 
of  the  next  General  Assembly  shall,  after  such  an  election,  and  before 
another,  ratify  the  same  amendments,  by  yeas  and  nays,  they  shall  be 
valid  to  all  intents  and  purposes,  as  part  of  this  Constitution:  Pro- 
vided^ That  the  said  proposed  amendments  shall,  at  each  of  the  said 
sessions,  have  been  read  three  times  on  three  several  days  in  each 
house. 

After  the  expiration  of  twelve  months  from  the  adoption  of  this 
Constitution,  no  Convention  shall  be  held  for  the  purpose  of  altering 
or  amending  the  Constitution  of  this  State,  unless  the  question  of 
Convention  or  no  Convention  shall  be  first  submitted  to  a  vote  of  all 
the  electors,  twonty-one  years  of  age  and  upward,  and  approved  by  a 
majority  of  the  electors  voting  at  said  election. 

E.  W.  Peck,  President. 

Robert  Barber,  Secretary. 

CONSTITUTION  OF  ALABAMA— 1875  *  -^ 

preamble 

We,  the  people  of  the  State  of  Alabama,  in  order  to  establish  jus- 
tice, insure  domestic  tranquillity,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  to  secure  to  ourselves  and  to  our 
posterity  life,  liberty,  and  property,  profoundly  grateful  to  Almighty 
God  for  this  inestimable  right,  and  invoking  His  favor  and  guidance, 
do  ordain  and  establish  the  following  constitution  and  form  of  gov- 
ernment for  the  State  of  Alabama. 

*  Verified  by  the  "  Journal  of  the  Constitutional  Convention  of  the  State  of 
Alabama,  assembled  in  the  city  of  Montgomery,  September  6,  1875.  Mont- 
gomery, Alabama,  W.  W.  Screws,  State  Printer,  1875."     Pp.  175-214. 

a  Tliis  constitution  was  framed  by  a  convention  which  met  at  Montgomery  Sep- 
tember G.  1875,  and  completed  its  labors  October  2.  1875.  It  was  submitted  to 
the  people  of  Alabama  and  ratified  November  16,  1875,  receiving  95,(»72  votes 
against  30,004  votes,  and  went  into  operation  December  G,  1875. 


154  Alabarmi—1875 

Article  I 

DECLARATION  OF  RIGHTS 

That  the  great,  general,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  we  declare — 

Section  1.  That  all  men  are  equally  free  and  independent;  that 
they  are  endowed  by  their  Creator  with  certain  inalienable  rights; 
that  among  these  are  life,  liberty,  and  the  pursuit  of  happiness. 

Sec.  2.  That  all  persons  resident  in  this  State,  born  in  the  United 
States,  or  naturalized,  or  who  shall  have  legally  declared  their  inten- 
tion to  become  citizens  of  the  United  States,  are  hereby  declared  citi- 
zens of  the  State  of  Alabama,  possessing  equal  civil  and  political 
rights. 

Sec.  3.  That  all  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority  antl  instituted  for 
their  benefit;  and  that,  therefore,  they  have,  at  all  times,  an  inalien- 
able and  indefeasible  right  to  change  their  form  of.  government,  in 
such  manner  as  they  may  deem  expedient. 

Sec.  4.  That  no  religion  shall  be  established  by  law;  that  no 
preference  shall  be  given  by  law  to  any  religious  sect,  society,  denomi- 
nation, or  mode  of  worship ;  that  no  one  shall  be  compelled  by  law  to 
attend  any  place  of  worship,  nor  to  pay.  any  tithes,  taxes,  or  other 
rate,  for  building  or  repairing  any  place  of  worship,  or  for  main- 
taining any  minister  or  ministry;  that  no  religious  test  shall  be  re- 
quired as  a  qualification  to  any  office  or  public  trust  under  this  State ; 
and  that  the  civil  rights,  privileges,  and  capacities  of  any  citizen  shall 
not  be  in  any  manner  affected  by  his  religious  principles. 

Sec.  5.  That  any  citizen  may  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  liberty. 

Sec.  6.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  from  unreasonable  seizures  or  searches,  and 
that  no  warrant  shall  issue  to  search  any  place,  or  to  seize  any  person 
or  thing,  without  probable  cause,  supported  by  oath  or  affirmation. 

Sec.  7.  That  in  all  criminal  prosecutions  the  accused  has  a  right  to 
be  heard  by  himself  and  counsel,  or  either;  to  demand  the  nature 
and  cause  of  the  accusation ;  to  have  a  copy  thereof ;  to  be  confronted 
by  witnesses  against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor ;  and  in  all  prosecutions  by  indictment  a  speedy 
public  trial  by  an  impartial  jury  of  the  county  or  district  in  which 
the  offence  was  committed ;  and  that  he  shall  not  l)e  compelled  to  give 
evidence  against  himself,  nor  be  deprived  of  his  life,  liberty,  or 
property,  but  by  due  process  of  law. 

Sec.  8.  That  no  person  shall  be  accused  or  arrested,  or  detained, 
except  in  cases  ascertained  by  law,  and  according  to  the  forms  which 
the  same  has  prescril^ed;  and  no  person  shall  be  punished  but  by 
virtue  of  a  law  established  and  promulgated  prior  to  the  offence,  and 
legally  applied. 

Sec.  9.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded against  criminally,  by  information,  except  in  cases  arising  in 
the  militia  and  volunteer  forces  when  in  actual  service,  or  by  leave 
of  the  court,  for  misfeasance,  misdemeanor,  extortion,  and  oppression 
in  office,  otherwise  than  as  is  provided  in  this  constitution :  Pj'orided, 
That  in  cases  of  petit  larceny,  assault,  assault  and  battery,  affray, 


Alabama — 1875  155 

unlawful  assemblies,  vagrancy,  and  other  misdemeanors,  the  General 
Assembly  may,  by  law,  dispense  with  a  grand  jury,  and  authorize 
such  prosecutions  and  proceedings  before  justices  of  the  peace  or 
such  other  inferior  courts  as  may  be  by  law  established. 

Sec.  10.  That  no  person  shall,  for  the  same  offence,  be  twice  put 
in  jeopardy  of  life  or  limb. 

Sec.  11.  That  no  person  shall  be  debarred  from  prosecuting  or 
defending,  before  any  tribunal  in  the  State,  by  himself  or  counsel, 
any  civil  cause  or  proceeding  to  which  he  is  a  party. 

Sec.  12.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  13.  That  in  prosecutions  for  the  publication  of  papers  in- 
vestigating the  official  conduct  of  officers,  or  men  in  public  capacity, 
or  when  the  matter  published  is  proper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence;  and  that  in  all  indictments 
for  libel  the  jury  shall  have  the  right  to  determine  the  law  and  the 
facts  under  the  direction  of  the  court. 

Sec.  14.  That  all  courts  shall  be  open,  and  that  every  person,  for 
any  injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall 
have  a  remedy  by  due  process  of  law;  and  right  and  justice  shall 
be  administered  without  sale,  denial,  or  delay. 

Sec.  15.  The  State  of  Alabama  shall  never  be  made  defendant  in 
any  court  of  law  or  equity. 

Sec.  1G.  That  excessive  fines  shall  not  be  imposed,  nor  cruel  or 
unusual  punishments  inflicted. 

Sec.  17.  That  all  persons  shall,  before  conviction,  be  bailable  by 
sufficient  sureties,  except  for  capital  offences  when  the  proof  is  evi- 
dent or  the  presumption  great.  Excessive  bail  shall  not,  in  any  case, 
be  required. 

Sec.  18.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  by  the  authorities  of  this  State. 

Sec.  19.  That  treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and 
comfort;  and  that  no  person  shall  be  convicted  of  treason  except 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  his  own 
confession  in  open  court. 

Sec.  20.  That  no  person  shall  be  attainted  of  treason  by  the  Gen- 
eral Assembly ;  and  that  no  conviction  shall  work  corruption  of  blood 
or  forfeiture  of  estate. 

Sec.  21.  That  no  person  shall  be  imprisoned  for  debt. 

Sec  22.  That  no  power  of  suspending  laws  shall  be  exercised, 
except  by  the  General  Assembly. 

Sec.  23.  That  no  ex  post  facto  law,  nor  any  law  impairing  the 
obligation  of  contracts,  or  making  any  irrevocable  grants  of  special 
privileges  or  immunities,  shall  be  passed  by  the  General  Assembly. 

Sec.  24.  The  exercise  of  the  right  of  eminent  domain  shall  never 
be  abridged  or  so  construed  as  to  prevent  the  General  Assembly 
from  takmg  the  property  and  franchises  of  incorporated  companies 
and  subjecting  them  to  public  use  the  same  as  individuals.  But 
private  property  shall  not  be  taken  for  or  applied  to  public  use,  unless 
just  compensation  be  first  made  therefor;  nor  shall  private  prop- 
erty be  taken  for  private  use,  or  for  the  use  of  corporations,  other 
than  municipal,  without  the  consent  of  the  owners:  Provided,  how- 
ever. That  the  general  assembly  may,  l)y  law.  secure  to  persons  or 
corporations  the  right  of  way  over  the  lands  of  other  persons  or 


156  Alabama— 1876 

corporations,  and  by  general  laws  provide  for  and  regulate  the  exer- 
cise by  pei'sons  anci  coriwrations  of  the  rights  herein  reserved;  but 
just  compensation  shall,  in  all  cases,  be  fii^st  made  to  the  owner:  And 
provided,  That  the  rigiit  of  eminent  domain  shall  not  be  so  con- 
strued as  to  allow  taxation  or  forced  subscription  for  the  benefit  of 
railroads  or  any  other  kind  of  corporations  other  than  municipal, 
or  for  the  l^enefit  of  any  individual  or  association. 

Sec.  25.  That  all  navigable  waters  shall  remain  forever  public 
highways,  free  to  the  citizens  of  the  State,  and  of  the  United  States, 
without  tax,  imjwst,  or  toll,  and  that  no  tax,  toll,  impost,  or  Avharfage 
shall  be  demanded  or  received  from  the  owner  of  any  merchandise 
or  conmiodity,  for  the  use  of  the  shores,  or  any  wharf  erected  on  the 
shores,  or  In  or  over  the  waters  of  any  navigable  stream,  unless  the 
same  he  expressly  authorized  by  law. 

Sec.  26.  That  the  citizens  have  a  right  in  a  peaceable  manner,  to 
assemble  together  for  the  common  good,  ana  to  apply  to  thiose 
invested  with  the  power  of  government  for  redress  of  grievances,  or 
other  purposes,  by  petition,  address,  or  remonstrance. 

Sec.  27.  That  every  citizen  has  a  right  to  bear  arms  in  defence  of 
himself  and  the  State. 

Sec.  28.  That  no  standing  army  shall  be  kept  up  without  the  con- 
sent of  the  general  assembly:  and,  in  that  case,  no  appropriation 
for  its  support  shall  be  made  for  a  longer  term  than  one  year;  and 
the  military  shall,  in  all  cases  and  at  all  times,  be  in  strict  subordina- 
tion to  the  civil  power. 

Sec.  20.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but 
in  a  manner  to  be  prescribed  by  law. 

Sec.  30.  That  no  title  of  nobility,  or  hereditary  distinction,  privi- 
lege, honor,  or  emolument,  shall  ever  be  granted  or  conferred  in  this 
State;  and  that  no  office  shall  be  created,  the  appointment  to  which 
.shall  be  for  a  lonn:er  time  than  during  good  behavior. 

Sec.  31.  That  mimigration  shall  be  encouraged,  emigration  shall 
not  be  prohibited,  and  no  citizen  shall  be  exiled. 

Sec.  32.  That  temporary  absence  from  the  State  shall  not  cause 
a  forfeiture  of  residence  once  obtained. 

Sec.  33.  That  no  form  of  slavery  shall  exist  in  this  State,  and  there 
shall  be  no  involuntary  servitude,  otherwise  than  for  the  punishment 
of  crime,  of  which  the  partv  shall  have  l)een  duly  convicted. 

Sec.  34.  The  right  of  suA"rage  shall  be  protected  by  laws  regulating 
elections,  and  prohibiting,  under  adequate  penalties,  all  undue  influ- 
ences from  i)ower,  bribery,  tumult,  or  other  improper  conduct. 

Sec.  35.  The  people  of  this  State  accept  as  final  the  established 
fact  that  from  the  Federal  Union  there  can  be  no  secession  of  any 
State. 

Sec.  36.  Foreigners  who  are  or  may  hereafter  become  hona-fide 
residents  of  this  State  shall  enjoy  the  same  rights,  in  respect  to  the 
possession,  enjoyment,  and  inheritance  of  property,  as  native-born 
citizens. 

Sec.  37.  That  the  sole  object  and  only  legitimate  end  of  government 
is  to  protect  the  citizens  in  the  enjoyment  of  life,  liberty,  and  prop- 
erty; and  when  the  government  assumes  other  functions  it  is  usurpa- 
tion and  oppression. 


Alabama— 1875  157 

Sec.  38.  No  educational  or  property  qualification  for  suffrage  or 
office,  nor  any  restraint  upon  the  same,  on  account  of  race,  color,  or 
previous  condition  of  servitude,  shall  be  made  by  law. 

Sec.  39.  That  this  enumeration  of  certain  rights  shall  not  impair 
or  deny  others  retained  by  the  people. 

Article  II 

STATE  AND  COUNTY  BOUNDARIES 

Section  1.  The  boundaries  of  this  State  are  established  and  de- 
clared to  be  as  follows,  that  is  to  say :  Beginning  at  the  point  where 
the  31st  degree  of  north  latitude  crosses  the  Perdido  River;  thence 
east  to  the  western  boundary-line  of  the  State  of  Georgia;  thence 
along  said  line  to  the  southern  boundary-line  of  the  State  of  Ten- 
nessee; thence  west  along  the  southern  boundary-line  of  the  State 
of  Tennessee,  crossing  the  Tennessee  River,  and  on  to  the  second 
intersection  of  said  river  by  said  line;  thence  up  said  river  to  the 
mouth  of  Big  Bear  Creek;  thence  by  a  direct  line  to  the  northwest 
corner  of  Washington  County  in  this  State,  as  originally  formed; 
thence  southerly  along  the  line  of  the  State  of  Mississippi  to  the  Gulf 
of  Mexico ;  thence  eastwardly,  including  all  islands  within  six  leagues 
of  the  shore,  to  the  Perdido  River;  thence  up  the  said  river  to  the 
beginning. 

Sec.  2.  The  boundaries  of  the  several  counties  of  this  State,  as 
heretofore  established  by  law,  are  hereby  ratified  and  confirmed. 
The  general  assembly  may,  by  a  vote  of  two-thirds  of  both  houses 
thereof,  arrange  and  designate  boundaries  for  the  several  counties 
of  this  State,  w^iich  boundaries  shall  not  be  altered,  except  by  a  like 
vote;  but  no  new  counties  shall  be  hereafter  formed  of  less  extent 
than  six  hundred  square  miles,  and  no  existing  county  shall  be 
reduced  to  less  extent  than  six  hundred  square  miles,  and  no  new 
county  shall  be  formed  which  does  not  contain  a  sufficient  number  of 
inhabitants  to  entitle  it  to  one  representative,  under  the  ratio  of 
representation  existing  at  the  time  of  its  formation,  and  leave  the . 
county  or  counties  from  which  it  is  taken  with  the  required  number  of 
inhabitants  entitling  such  county  or  counties  to  separate  representa- 
tion. 

Article  III 

DISTRIBUTION  OF  POWERS  OF  GOVERNMENT 

Section  1.  The  powers  of  the  government  of  the  State  of  Alabama 
shall  be  divided  into  three  distinct  departments,  each  of  which  shall 
be  confided  to  a  separate  body  of  magistracy,  to  wit :  Those  which  are 
legislative  to  one;  those  which  are  executive  to  another;  and  those 
which  are  judicial  to  another. 

Sec.  2.  No  person  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed 
or  permitted. 

7251— VOL  1—07 13 


158  Alabama— 1875 

Article  IV 

LEGISLATIVE    DEPARTMENT 

Section  1.  The  legislative  power  of  this  State  shall  Ije  vested  in 
a  General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be,  "5e  it  enacted 
by  the  general  assembly  of  Alabama;''''  each  law  shall  contain  but 
one  subject,  which  shall  be  clearly  expressed  in  its  title,  except 
general  appropriation  bills,  general  revenue  bills,  and  bills  adopting 
a  code  digest  or  revision  or  statutes;  and  no  law  shall  Ije  revived, 
amended,  or  the  provisions  thereof  extended  or  conferred  by  refer- 
ence to  its  title  only;  but  so  much  thereof  as  is  revived,  amended, 
extended,  or  conferred,  shall  be  re-enacted  and  published  at  length. 

Sec.  3.  Senators  and  representatives  shall  be  elected  by  the  qualified 
electors  on  the  first  Monday  in  August,  1870,  and  one-half  of  the  sen- 
ators and  all  the  representatives  shall  be  elected  every  two  years 
thereafter,  unless  the  general  assembly  shall  change  the  time  of  hold- 
ing elections.  The  terms  of  the  office  of  the  senators  shall  be  four 
years,  and  that  of  the  representatives  two  years,  commencing  on  the 
day  after  the  general  election,  except  as  otherwise  provided  in  this 
constitution. 

Sec,  4.  Senators  shall  be  at  least  27  years  of  age,  and  representa- 
tives 21  years  of  age;  they  shall  have  been  citizens  and  inhabitants 
of  this  State  for  three  years,  and  inhabitants  of  their  respective  coun- 
ties or  districts  one  year  next  before  their  election,  if  such  county  or 
district  shall  have  been  so  long  established,  but  if  not,  then  of  the 
county  or  district  from  which  the  same  shall  have  been  taken;  and 
they  shall  reside  in  their  respective  counties  or  districts  during  their 
terms  of  service. 

Sec.  5.  The  General  Assembly  shall  meet  biennially  at  the  capitol, 
in  the  senate  chamber  and  in  the  hall  of  the  house  of  representatives, 
(except  in  cases  of  destruction  of  the  capitol  or  epidemics,  when  the 

governor  may  convene  them  at  such  place  in  the  State  as  he  may  deem 
est,)  on  the  day  specified  in  this  constitution,  or  on  such  other  day 
as  may  be  prescribed  by  law,  and  shall  not  remain  in  session  longer 
than  sixty  days  at  the  first  session  held  under  this  constitution,  nor 
longer  than  firty  days  at  any  subsequent  session. 

Sec.  6.  The  pay  of  the  members  of  the  general  assembly  shall  be 
four  dollars  per  day,  and  ten  cents  per  mile  in  going  to  and  returning 
from  the  seat  of  government,  to  be  computed  by  the  nearest  usual 
route  travelled. 

Sec.  7.  The  General  Assembly  shall  consist  of  not  more  than  thirty- 
three  senators,  and  not  more  than  one  hundred  members  of  the  house 
of  representatives,  to  be  apportioned  among  the  several  districts  and 
counties  as  prescribed  in  this  constitution. 

Sec.  8.  The  senate,  at  the  l^eginning  of  each  regular  session,  and  at 
such  other  times  as  may  be  necessary,  shall  elect  one  of  ^jte  jfcembers 
president  thereof,  and  the  house  of  representatives,  at  tli^beginning 
of  each  regular  session,  shall  elect  one  of  its  members  as  speaker;  and 
the  president  of  the  senate  and  the  speaker  of  the  house  of  represent- 
atives shall  hold  their  offices  respectively  until  their  successors  are 
elected  and  qualified.  Each  house  shall  choose  its  own  officers,  and 
shall  judge  of  the  election,  returns,  and  qualifications  of  its  members. 


Alabama— 1876  159 

Sec.  9.  At  the  general  election  in  the  year  1876,  Senators  shall  be 
elected  in  the  even-numbered  districts  to  serve  for  two  years,  and  in 
the  odd-numbered  districts  to  serve  for  four  years,  so  that  thereafter 
one-half  the  Senators  may  be  chosen  biennially.  Members  of  the 
House  of  Representatives  shall  be  elected  at  the  general  election  every 
second  year.  The  time  of  service  of  Senators  and  Representatives 
shall  begin  on  the  day  after  their  election,  except  the  terms  of  those 
elected  in  1876,  which  shall  not  begin  until  the  term  of  the  present 
members  shall  have  exjjired.  Whenever  a  vacancy  shall  occur  in 
either  house,  the  Governor  for  the  time  being  shall  issue  a  writ  of 
election  to  fill  such  vacancy  for  the  remainder  of  the  term. 

Sec.  10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members  in  such  manner  and 
under  penalties  as  each  house  may  provide. 

Sec.  11.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  punish  its  members  or  other  persons  for  contempt 
or  disorderly  behavior  in  its. presence,  to  enforce  obedience  to  its  proc- 
ess, to  protect  its  members  against  violence,  or  offers  of  bribes  or 
corrupt  solicitation,  and  with  the  concurrence  of  two-thirds  of  either 
house  to  expel  a  member,  but  not  a  second  time  for  the  same  cause ;  and 
shall  liaA^e  all  the  powers  necessary  for  the  legislature  of  a  free  State. 

Sec.  12.  A  member  of  either  house  expelled  for  corruption  shall 
not  thereafter  be  eligible  to  either  house;  and  punishment  for  con- 
tempt or  disorderly  behavior  shall  not  bar  an  indictment  for  the  same 
offense. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
cause  the  same  to  be  published  immediately  after  its  adjournment, 
excepting  such  parts  as  in  its  judgment  may  require  secrecy;  and 
the  yeas  and  nays  of  the  members  of  either  house  on  any  question 
shall,  at  the  desire  of  one-tenth  of  the  members  present,  be  entered 
on  the  journals.  Any  member  of  either  house  shall  have  liberty  to 
dissent  from  or  protest  against  any  act  or  resolution  which  he  may 
think  injurious  to  the  public  or  an  individual,  and  have  the  reasons 
for  his  dissent  entered  on  the  journals. 

Sec.  14.  Members  of  the  General  Assembly  shall  in  all  cases,  except 
treason,  felony,  violation  of  their  oath  of  office,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  the  ses- 
sions of  their  respective  houses,  and  in  going  to  and  returning  from 
the  same,  and  for  any  speech  or  debate  in  either  house  they  shall  not 
be  questioned  in  any  other  place. 

Sec.  15.  The  doors  of  each  house  shall  be  open,  except  on  such 
occasions  as  in  the  opinion  of  the  house  may  require  secrecy. 

Sec.  16.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

Sec.  17.  No  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  of 
profit  under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased  during  such  term,  except 
such  office  as  may  be  filled  by  election  by  the  people. 

Sec.  18.  No  person  hereafter  convicted  of  eml^ezzlement  of  public 
money,  bribery,  perjury,  or  other  infamous  crime,  shall  be  eligible 
to  the  General  Assembly,  or  capable  of  holding  any  office  of  trust 
or  profit  in  this  State. 


160  Alabama— 1876 

Sec.  10.  No  law  shall  he  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to 
change  its  original  purpose. 

Sec.  20.  No  bill  shall  Ijecome  a  law  until  it  shall  have  been  referred 
to  a  committee  of  each  house  and  returned  therefrom. 

Sec.  21.  Every  bill  shall  be  read  on  three  different  days  in  each 
house,  and  no  bill  shall  become  a  law  unless  ou  its  final  passage  it  be 
read  at  length  and  the  vote  be  taken  by  yeas  and  nays,  the  names  of 
the  members  voting  for  and  against  the  same  he  entered  on  the 
journals,  and  a  majority  of  each  house  l)e  recorded  thereon  as  voting 
in  its  favor,  except  as  otherwise  provided  in  this  constitution. 

Sec.  22.  No  amendment  to  bills  by  one  house  shall  be  concurred  in 
by  the  other  except  by  a  vote  of  a  majority  thereof,  taken  by  yeas 
and  nays,  and  the  names  of  those  voting  tor  and  against  recorded 
upon  the  journals;  and  reports  of  committees  of  conference  shall  in 
like  manner  Ix'  adopted  in  each  house. 

Sec.  28.  No  special  or  local  law  shall  be  enacted  for  the  benefit  of 
individuals  or  corporations  in  cases  which  are  or  can  be  provided 
for  by  a  general  law,  or  where  the  relief  sought  can  be  given  by  any 
court  of  this  State.  Nor  shall  the  operation  of  any  general  law  be 
suspended  by  the  General  Assembly  for  the  benefit  of  any  individual, 
corporation,  or  association. 

Sec.  24.  No  local  or  special  law  shall  be  passed  on  a  subject  which 
cannot  be  provided  for  by  a  general  law,  unless  notice  of  the  inten- 
tion to  apply  therefor  shall  have  been  published  in  the  localitv  where 
the  matter  or  things  to  be  affected  may  \)e  situated,  which  notice  shall 
be  at  least  twenty  days  prior  to  the  introduction  into  the  General 
Assembly  of  such  bill ;  the  evidence  of  such  notice  having  Ijeen  given 
shall  be  exhibited  to  the  general  assembly  l^efore  such  act  shall  be 
passed:  Provided,  That  the  provisions  of  this  constitution  as  to  spe- 
cial or  local  laws  shall  not  apply  to  public  or  educational  institu- 
tions of  or  in  this  State,  nor  to  industrial,  mining,  immigration,  or 
manufacturing  corporations  or  interests,  or  corporations  for  con- 
structing canals,  or  improving  navigable  rivers  and  harbors  of  this 
State. 

Sec.  25.  The  General  Assembly  shall  pass  general  laws,  under 
which  local  and  private  interests  shall  be  provided  for  and  protected. 

Sec.  26.  The  General  Assembly  shall  have  no  power  to  authorize 
lotteries  or  gift-enterprises  for  any  purpose,  and  it  shall  pass  laws 
to  prohibit  the  sale  of  lottery  or  gift -enterprise  tickets,  or  tickets  in 
any  scheme  in  the  nature  of  a  lottery,  in  this  State,  and  all  acts  or 
parts  of  acts  heretofore  passed  by  the  General  Assembly  of  this 
State,  authorizing  a  lottery  or  lotteries,  and  all  acts  amendatory 
thereof  or  supplemental  thereto,  are  hereby  avoided. 

Sec.  27.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  general  assembly,  after  the  titles  have  l)een  publicly 
read  immediately  Ijefore  signing,  and  the  fact  of  signing  shall  be 
entered  on  the  journal. 

Sec.  28.  The  general  assembly  shall  prescribe  by  law  the  number, 
duties,  and  compensation  of  the  officers  and  employes  of  each  house, 
and  no  payment  shall  be  made  from  the  State  treasury,  or  be  in  any 


Alabama— 1875  161 

"Way  authorized,  to  any  person,  except  to  an  acting  officer  or  employe, 
elected  or  appointed  in  pursuance  of  law. 

Sec,  29.  No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant,  or  employe,  agent  or  contractor,  after  the 
services  shall  have  been  rendered,  or  contract  made;  nor  shall  any 
officer  of  the  State  bind  the  State  to  the  payment  of  any  sum  of  money 
but  by  authority  of  law. 

Sec.  30.  All  stationery,  printing,  paper,  and  fuel  used  in  the  legis- 
lative and  other  departments  of  government  shall  be  furnished,  and 
the  ])rinting,  binding,  and  distribution  of  laws,  journals,  department 
reports,  and  all  other  printing  and  binding,  and  repairing  and  fur- 
nishing the  halls  and  rooms  used  for  the  meetings  of  the  general 
assembly  and  its  committees,  shall  be  performed  under  contract,  to  be 
given  to  the  lowest  responsible  bidder  below  a  maximum  price,  and 
under  such  regulations  as  shall  be  prescribed  by  law;  no  member  or 
officer  of  any  department  of  the  government  shall  be  in  any  way 
interested  in  such  contracts,  and  all  such  contracts  shall  be  subject  to 
the  approval  of  the  Governor,  State  auditor,  and  State  treasurer. 

Sec.  31.  All  bills  for  raising  revenues  shall  originate  in  the  house 
of  representatives,  but  the  senate  may  propose  amendments  as  in 
other  bills. 

Sec.  32.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  executive,  legislative, 
and  judicial  departments  of  the  State,  interest  on  the  public  debt, 
and  for  the  public. schools;  all  other  appropriations  shall  be  made  by 
separate  bills,  each  embracing  but  one  subject. 

Sec.  33.  No  money  shall  be  paid  out  of  the  treasury  except  upon 
appropriations  made  by  law,  and  on  warrant  drawn  by  the  proper 
officer  in  pursuance  thereof,  and  a  regular  statement  and  account  of 
receipts  and  expenditures  of  all  public  moneys  shall  be  published 
annually  in  such  manner  as  may  be  by  law^  directed. 

Sec.  34.  No  appropriation  shall  be  made  to  any  charitable  or  edu- 
cational institution  not  under  the  absolute  control  of  the  State,  other 
than  normal  schools  established  by  law  for  the  professional  training 
of  teachers  for  the  public  schools  of  the  State,  except  by  a  vote  of 
two-thirds  of  all  the  members  elected  to  each  house. 

Sec.  35.  No  act  of  the  (xeneral  Assembly  shall  authorize  the  invest- 
ment of  any  trust-funds  by  executors,  administrators,  guardians,  and 
other  trustees,  in  the  bonds  or  stock  of  any  private  corporation ;  and 
any  such  acts  now  existing  are  avoided,  saving  investments  heretofore 
made. 

Sec.  3G.  The  power  to  change  the  venue  in  civil  and  criminal  causes 
is  vested  in  the  courts,  to  be  exercised  in  such  manner  as  shall  be  pro- 
vided by  law. 

Sec.  37.  A\Tien  the  General  Assembly  shall  be  convened  in  special 
session,  there  shall  be  no  legislation  upon  subjects  other  than  those 
designated  in  the  proclamation  of  the  governor  calling  such  session. 

Sec.  38.  No  State  office  shall  be  continued  or  created  for  the  inspec- 
tion or  measuring  of  any  merchandise,  manufacture,  or  commodity, 
but  any  county  or  municipality  may  appoint  such  officei*s  when 
authorized  by  law. 


162  Alabama— 1876 

Sec.  39.  No  act  of  tlio  ^Mieral  asscinbly  fhanpin^  the  sent  of  gov- 
eniinont  of  the  State  shall  In'oonie  a  law  iintil  the  same  shall  have 
been  submitted  to  the  (lualified  electors  of  the  State  at  a  general 
election,  and  approved  by  a  majority  of  such  electors  voting  upon  the 
same,  and  such  act  shall  sj^ecify  the  proposed  new  location. 

Sec.  40.  A  meml)er  of  the  (leneral  Assembly  who  shall  corruptly 
solicit,  demand,  or  receive,  or  consent  to  receive,  directly  or  indirectly, 
for  himself  or  for  another,  from  any  company,  corporation,  or  per- 
son, any  money,  office,  appointment,  employment,  reward,  thing  of 
value  or  enjoyment,  or  of  personal  advantage,  or  promise  thereof, 
for  his  vote  or  official  influence,  or  for  withholding  the  same,  or  with 
an  understanding,  expressed  or  implied,  that  his  vote  or  official  action 
shall  be  in  any  way  influenced  thereby,  or  who  shall  solicit  or  demand 
any  such  money  or  other  advantage,  matter,  or  thing  aforesaid,  for 
another,  as  the  consideration  of  his  vote  or  official  influence,  or  for 
withholding  the  same,  or  shall  give  or  withhold  his  vote  or  influence 
in  consideration  of  the  payment  or  promise  of  such  money,  advantage, 
matter,  or  thing  to  another,  shall  be  guilty  of  bribery  within  the 
meaning  of  this  constitution,  and  shall  incur  the  disabilities  provided 
thereby  for  such  offence,  and  such  additional  punishment  as  is  or 
shall  be  provided  by  law. 

Sec.  41.  Any  person  Avho  shall,  directly  or  indirectly,  offer,  give,  or 
promise  any  money  or  thing  of  value,  testimonial,  privilege,  or  per- 
sonal advantage  to  any  executive  or  judicial  officer,  or  memlx>r  of  the 
General  Assembly,  to  influence  him  in  the  performance  of  any  of  his 
public  or  official  duties,  shall  be  guilty  of  bribery,  and  be  punished  in 
such  nuinner  as  shall  be  provided  by  law. 

Sec.  42.  The  offence  of  corrupt  solicitation  of  members  of  the 
general  assembly,  or  of  public  officers  of  this  State,  or  of  any  munici- 
pal division  thereof,  and  any  occupation  or  practice  of  solicitation 
of  such  member  or  officers  to  influence  their  official  action  shall  be 
defined  by  law,  and  shall  be  punished  by  fine  and  imprisonment. 

Sec,  43.  A  member  of  the  general  assembly  who  has  a  personal  or 
private  interest  in  any  measure  or  bill,  proposed  or  pending  before 
the  (Jeneral  Assembly,  shall  disclose  the  fact  to  the  house  of  which 
he  is  a  member,  and  shall  not  vote  thereon. 

Sec.  44.  In  all  elections  by  the  (leneral  Assembly  the  members  shall 
vote  viva  voce,  and  the  votes  shall  be  entered  on  the  journals. 

Sec.  45.  It  shall  be  the  duty  of  the  (Jeneral  Assembly  to  pass  such 
laws  as  may  be  necessary  and  proper  to  decide  differences  by  arbi- 
trators, to  be  appointed  by  the  parties  who  may  choose  that  mode  of 
adjustment. 

Sec.  40.  It  shall  be  the  duty  of  the  General  Assembh%  at  its  first 
session  after  the  ratification  of  this  constitution,  and  within  every 
subsequent  jjeriod  of  ten  years,  to  make  provision  by  law  for  the 
revision,  digesting,  and  promulgation  of  the  public  statutes  of  this 
State  of  a  general  nature,  both  civil  and  criminal. 

Sec.  47.  The  General  Assembly  shall  pass  such  penal  laws  as  they 
may  deem  expedient  to  suppress  the  evil  practice  oi  duelling. 

Sec.  48.  It  shall  be  the  duty  of  the  General  Assembly  to  regulate 
by  law  the  cases  in  which  deductions  shall  he  made  from  the  salaries 
of  public  officers  for  neglect  of  duty  in  their  official  capacities,  and  the 
amount  of  such  deductions. 


Alabama— 187S  163 

Sec.  49,  It  shall  be  the  duty  of  the  (Jeneral  Assembly  to  require  the 
several  counties  of  this  State  to  make  adequate  provision  for  the 
maintenance  of  the  poor. 

Sec.  50.  The  General  Assembly  shall  not  have  power  to  authorize 
any  municipal  corporation  to  pass  any  laws  inconsistent  with  the 
general  laws  of  this  State. 

Sec.  51.  In  the  event  of  annexation  of  any  foreign  territory  to  this 
State,  the  (Jeneral  Assembly  shall  enact  laws  extending  to  the  inhabi- 
tants of  the  acquired  territory  all  the  rights  and  privileges  which 
may  be  required  b}'^  the  terms  of  the  acquisition,  anything  in  this 
constitution  to  the  contrary  notwithstanding. 

Sec.  52.  The  General  Assembly  shall  not  tax  the  property,  real  and 
personal,  of  the  State,  counties,  or  other  municipal  corporations,  or 
cemeteries;  nor  lots  in  incorporated  cities  or  towns,  or  within  one 
mile  of  any  city  or  town,  to  the  extent  of  one  acre,  nor  lots  one  mile  or 
more  distant  from  such  cities  or  towns,  to  the  extent  of  five  acres,  Avith 
the  buildings  thereon,  when  the  same  are  used  exclusively  for  reli- 
gious worship,  for  schools,  or  for  purposes  purely  charitable ;  nor  such 
property,  real  or  personal,  to  an  extent  not  exceeding  twenty-five 
thousand  dollars  in  value,  as  may  be  used  exclusively  for  agricultural 
or  horticultural  associations  of  a  public  character. 

Sec.  53.  The  General  Assembly  shall  by  law  prescribe  such  rules 
and  regulations  as  may  be  necessary  to  ascertain  the  value  of  personal 
and  real  property  exempted  from  sale  imder  legal  process  by  this 
constitution,  and  to  secure  the  same  to  the  claimant  thereof  as  selected. 

Sec.  54.  The  State  shall  not  engage  in  w^orks  of  internal  improve- 
ment, nor  lend  money  or  its  credit  in  aid  of  such ;  nor  shall  the  State 
be  interested  in  any  private  or  corporate  enterprise,  or  lend  money  or 
its  credit  to  any  individual,  association,  or  corporation. 

Sec.  55.  The  General  Assembly  shall  have  no  power  to  authorize 
any  county,  city,  town,  or  other  subdivision  of  this  State  to  lend  its 
credit,  or  to  grant  public  money  or  thing  of  value  in  aid  of,  or  to  any 
individual,  association,  or  corporation  whatsoever,  or  to  become  a 
stockholder  in  any  such  corporation,  association,  or  company,  by 
issuing  bonds  or  otherwise. 

Sec.  50).  There  can  be  no  law  of  this  State  impairing  the  obligation 
of  contracts  by  destroying  or  impairing  the  remedy  for  their  enforce- 
ment ;  and  the  General  Assembly  shall  have  no  powder  to  revive  any 
right  or  remedy  which  may  have  become  barred  by  lapse  of  time  or 
by  any  statute  of  this  State. 

Article  V 

executive  department 

Section  1.  The  executive  department  shall  consist  of  a  Governor, 
Secretary  of  State,  State  Treasurer,  State  Auditor,  Attorney-general, 
and  Superintendent  of  Education,  and  a  sheriff  for  each  county. 

Sec.  2.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  a  chief  magistrate,  who  shall  be  styled  "  The  Governor  of  the  State 
of  Alabama." 

Sec.  3.  The  Governor,  Secretary  of  State,  State  Treasurer,  State 
Auditor,   and   Attorney-General  shall   be  elected   by   the   qualified 


164  Alnharrm—1876 

electors  of  this  State,  at  the  same  time  and  places  appointed  for  the 
election  of  members  of  the  (leneral  Assembly. 

Sec.  4.  The  returns  of  every  election  for  Governor,  Secretary  of 
State,  State  Auditor,  State  Treasurer,  and  Attorney-(ieneral,  shall 
be  sealed  up  and  transmitted  by  the  returning-officers  to  the  seat  of 
government  directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall,  during  the  first  week  of  the  session  to  which  said  returns 
shall  be  made,  open  and  publish  them  in  the  presence  of  both  houses 
of  the  general  assembly  in  joint  convention.  The  person  having  the 
highest  number  of  votes  for  either  of  said  offices  shall  be  declared  duly 
elected;  but  if  two  or  more  shall  have  an  equal  and  the  highest  num- 
ber of  votes  for  the  same  office,  the  General  Assembly,  by  joint  vote, 
without  delay,  shall  choose  one  of  said  persons  for  said  office.  Con- 
tested elections  for  Crovernor,  Secretary  of  State,  State  Auditor,  State 
Treasurer,  and  Attorney-General  shall  be  determined  by  both  houses 
of  the  General  Assembly  in  such  manner  as  may  be  prescribed  by 
law. 

Sec.  5.  The  Governor,  Secretary  of  State,  State  Treasurer,  State 
Auditor,  and  Attorney-General  shall  hold  their  respective  offices  for 
the  term  of  two  years  from  the  time  of  their  installation  in  office  and 
until  their  successors  shall  be  elected  and  qualified. 

Sec.  6.  The  Governor  shall  be  at  least  30  years  of  age  when  elected, 
and  shall  have  been  a  citizen  of  the  United  States  ten  years,  and  a 
resident  citizen  of  this  State  at  least  seven  years  next  before  the  day 
of  his  election. 

Sec.  7.  The  Governor,  Secretary  of  State,  State  Treasurer,  State 
Auditor,  and  Attorney-General,  shall  reside  at  the  seat  of  government 
of  this  State  during  the  time  the;^  continue  in  office,  (except  in  case 
of  epidemics;)  and  they  shall  receive  compensation  for  their  services, 
which  shall  be  fixed  by  law,  and  which  shall  not  be  increased  or 
diminished  duriiTg  the  term  for  which  they  shall  have  been  elected. 

Sec.  8.  The  Governor  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  9.  The  Governor  may  require  information  in  writing,  under 
oath,  from  the  officers  of  the  executive  department  on  any  subject 
relating  to  the  duties  of  their  respective  offices;  and  he  may  at  any 
time  require  information  in  writing,  under  oath,  from  all  officers  and 
managers  of  State  institutions,  upon  any  subject  relating  to  the  con- 
dition, management,  and  expenses  of  their  respective  offices  and  insti- 
tutions; and  any  such  officer  or  manager  who  makes  a  false  report 
shall  be  guilty  of  perjury,  and  punished  accordingly. 

Sec.  10.  The  Governor  may,  by  proclamation,  on  extraordinary 
occasions,  convene  the  General  Assembly  at  the  seat  of  government, 
or  at  a  different  place,  if,  since  their  last  adjournment,  that  shall  have 
become  dangerous  from  an  enemy  or  from  infectious  or  contagious 
diseases;  and  he  shall  state  specifically  in  such  proclamation  each 
matter  concerning  which  the  action  of  that  body  is  deemed  necessary. 

Sec.  11.  The  Governor  shall,  from  time  to  time,  give  to  the  Gen- 
eral Assembly  information  of  the  state  of  the  government,  and  recom- 
mend to  their  consideration  such  measures  as  he  may  deem  expedient, 
and  at  the  commencement  of  each  session  of  the  General  Assembly, 
and  at  the  close  of  his  term  of  office,  give  information  by  written 


Alabama— 1876      '        .   .  165 

message  of  the  condition  of  the  State,  and  he  shall  account  to  the 
General  Assembly,  as  may  be  prescribed  by  law,  for  all  moneys 
received  and  paid  out  by  him  from  any  funds  subject  to  his  order, 
with  the  vouchers  therefor,  and  he  shall  at  the  commencement  of 
each  regular  session  present  to  the  General  Assembly  estimates  of 
the  amount  of  money  required  to  be  raised  by  taxation  for  all 
purposes. 

Sec.  12.  The  Governor  shall  have  i)Ower  to  remit  fines  and  for- 
feitures, under  such  rules  and  regulations  as  may  be  prescribed  by 
law,  and  after  conviction  to  grant  reprieves,  commutation  of  sen- 
tence, and  pardons,  (except  in  cases  of  treason  and  impeachment;) 
but  pardons  in  cases  of  murder,  arson,  burglary,  rape,  assault  with 
intent  to  commit  rape,  perjury,  forgery,  bribery,  and  larceny  shall 
not  relieve  from  civil  and  political  disability  unless  specifically  ex- 
pressed in  the  pardon.  Upon  conviction  of  treason,  the  governor 
may  suspend  the  execution  of  the  sentence,  and  report  the  same  to 
the  General  Assembly  at  the  next  regular  session,  when  the  General 
Assembly  shall  either  pardon,  commute  the  sentence,  direct  its  exe- 
cution, or  grant  further  reprieve.  He  shall  communicate  to  the 
general  assembly  at  every  regular  session  each  case  of  reprieve,  com- 
mutation, or  pardon  granted,  with  his  reasons  therefor;  stating  the 
name  and  crime  of  the  convict,  the  sentence,  its  date,  and  the  date  of 
the  reprieve,  commutation,  or  pardon. 

Sec.  13.  Every  bill,  which  shall  have  passed  both  houses  of  the 
General  Assembly,  shall  be  presented  to  the  Governor ;  if  he  approve, 
he  shall  sign  it,  but  if  not,  he  shall  return  it  with  his  objections  to 
that  house  in  which  it  shall  have  originated,  who  shall  enter  the 
objections  at  large  upon  the  journals,  and  the  house  to  which  such  bill 
shall  be  returned  shall  proceed  to  reconsider  it;  if,  after  such  recon- 
sideration, a  majority  of  the  whole  number  elected  to  that  house  shall 
vote  for  the  passage  of  such  bill,  it  shall  be  sent,  w^ith  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered;  if 
approved  by  a  majority  of  the  W'hole  number  elected  to  that  house, 
it  shall  become  a  law ;  but  in  such  cases,  the  vote  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  members  vot- 
ing for  or  against  the  bill  shall  be  entered  upon  the  journals  of  each 
house  respectively ;  if  any  bill  shall  not  be  returned  by  the  governor 
within  five  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  General  Assembly  by  their  adjournment  prevent 
its  return,  in  which  case  it  shall  not  be  a  law.  And  every  order, 
vote,  or  resolution,  to  which  the  concurrence  of  both  houses  may  be 
necessary  (except  questions  of  adjournment,  and  of  bringing  on  elec- 
tions by  the  tw^o  houses,  and  of  amending  this  constitution)  shall  be 
presented  to  the  governor,  and  before  the  same  shall  take  effect  be 
approved  by  him,  or  being  disapproved  shall  be  repassed  by  both 
houses,  according  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill. 

Sec.  14.  The  Governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  money,  embracing  dis- 
tinct items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the 
law,  and  the  item  or  items  of  appropriations  disapproved  shall  be 


166  .  Alabama— IS?.') 

void,  unless  repassed  according  to  the  rules  and  limitations  prescribed 
for  the  passage  of  other  bills  over  the  executive  veto,  and  he  shall,  in 
writing,  state  specifically  the  item  or  items  he  disapproves. 

Sec.  15.  In  case  of  the  impeachment  of  the  governor,  his  removal 
from  office,  death,  refusal  to  qualify,  resignation,  absence  from  the 
State,  or  other  disability,  the  President  of  the  Senate  shall  exercise 
all  the  power  and  authority  apjjertaining  to  the  office  of  governor, 
until  the  time  appointed  for  the  election  of  governor  shall  arrive,  or 
until  the  governor  who  is  absent  or  impeached,  shall  return  or  be 
acquitted,  or  other  disability'  be  removed,  and  if  during  such  vacancy 
in  the  office  of  governor,  the  President  of  the  Senate  shall  be  im- 
peached, removed  from  office,  refuse  to  qualifv,  die,  resign,  be  absent 
from  the  State,  or  be  under  any  other  disability,  the  speaker  of  the 
house  of  representatives  shall  in  like  manner  administer  the  gov- 
ernment. If  the  Governor  shall  be  absent  from  the  Sfate  over 
twenty  davs,  the  secretaiy  of  state  shall  notify  the  President  of  the 
Senate,  who  shall  enter  upon  the  duties  of  Governor,  and  if  the 
Governor  and  President  of  the  Senate  shall  both  be  absent  from  the 
State  over  twenty  days,  the  Secretary  of  State  shall  notify  the 
Speaker  of  the  House  of  Representatives,  and  in  such  case  he  shall 
enter  upon  and  discharge  the  duties  of  Governor,  until  the  return 
of  the  Governor  or  President  of  the  Senate. 

Sec.  16.  The  President  of  the  Senate  and  Speaker  of  the  House  of 
Representatives  shall,  during  the  time  they  respectively  administer 
the  government,  receive  the  same  compensation  which  the  Governor 
would  have  received  if  he  had  been  employed  in  the  duties  of  his 
office:  Proridcih  That  if  the  General  Assembly  shall  be  in  session 
during  such  absence,  they,  or  either  of  them,  shall  receive  no  com- 
pensation as  membei-s  of  the  General  Assembly  while  acting  as 
Governor. 

Sec.  17.  No  person  shall,  at  one  and  the  same  time,  hold  the  office 
of  Governor  of  this  State  and  any  other  office,  civil  or  military,  either 
under  this  State,  the  United  States,  or  any  other  State  or  Govern- 
ment, except  as  otherwise  provided  in  this  Constitution. 

Sec.  18.  The  governor  shall  be  Commander-in-Chief  of  the  militia 
and  volunteer  forces  of  the  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States,  and  he  may  call  out  the  same 
to  execute  the  laws,  suppress  insurrection,  and  repel  invasion ;  but 
he  need  not  command  in  person,  unless  directed  to  do  so  by  a  resolu- 
tion of  the  (xeneral  Assembly,  and  when  acting  in  the  service  of  the 
United  States  he  shall  appoint  his  staff  and  the  General  Assembly 
shall  fix  his  rank. 

Sec.  19.  No  person  shall  be  eligible  to  the  office  of  Secretary  of 
State,  State  Treasurer,  State  Auditor,  or  Attorney-General,  unless 
he  shall  have  been  a  citizen  of  the  United  States  at  least  seven  years, 
and  shall  have  resided  in  this  State  at  least  five  years  next  preceding 
his  election,  and  shall  be  at  least  twenty-five  years  old  when  elected. 

Sec.  20.  There  shall  be  a  great  seal  of  the  State,  which  shall  Ije 
used  officially  by  the  Governor:  and  the  seal  now  in  use  shall  continue 
to  be  used  until  another  shall  have  been  adopted  by  the  General 
Assembly.  The  said  seal  shall  be  called  the  "  Great  seal  of  the  State 
of  Alabama." 


Alabama— 1875  167 

Sec.  21.  The  Secretary  of  State  shall  be  custodian  of  the  seal  of 
the  State,  and  shall  authenticate  therewith  all  official  acts  of  the  (lov- 
ernor,  his  approval  of  laws  and  resolutions  excepted.  lie  shall  keep 
a  register  of  the  official  acts  of  the  Governor,  and  when  necessary 
shall  attest  them,  and  la}'^  copies  of  same,  together  with  copies  of  all 
papers  relative  thereto,  before  either  house  of  the  General  Assembly, 
whenever  required  to  do  so,  and  shall  perform  such  other  duties  as 
may  be  prescribed  by  law. 

Sec.  22.  All  grants  and  commissions  shall  be  issued  in  the  name 
and  by  the  authority  of  the  State  of  Alabama,  sealed  with  the  great 
seal,  signed  by  the  Governor  and  countersigned  by  the  Secretary  of 
State. 

Sec.  23.  Should  the  office  of  Secretary  of  State,  State  Treasurer, 
State  Auditor,  Attorney-General,  or  Superintendent  of  Education 
become  vacant,  for  any  of  the  causes  specified  in  section  fifteen  of  this 
article,  the  governor  shall  fill  the  vacancy  until  the  disability  is 
removed  or  a  successor  elected  and  qualified. 

Sec.  24.  The  State  Treasurer,  State  Auditor,  and  Attorney-General 
shall  perform  such  duties  as  may  be  prescribed  by  law.  The  State 
Treasurer  and  State  Auditor  shall  every  year,  at  a  time  the  General 
Assembly  may  fix,  make  a  full  and  complete  report  to  the  Governor, 
showing  all  receipts  and  disbursements  of  revenue,  of  every  character,, 
all  claims  audited  and  paid  by  the  State,  by  items,  and  all  taxes  and 
revenue  collected  and  paid  into  the  treasury,  and  from  what  sources, 
and  they  shall  make  reports  oftener  on  any  matter  pertaining  to  their 
office,  if  required  by  the  Governor,  or  the  General  Assembly. 
■  Sec.  25.  The  State  Auditor,  State  Treasurer,  and  Secretary  of 
State  shall  not,  after  the  expiration  of  the  terms  of  those  now  in  office, 
receive  to  their  use  any  fees,  costs,  perquisites  of  office,  or  compensa- 
tion other  than  their  salaries  as  prescribed  by  law ;  and  all  fees  that 
may  be  payable  by  law,  for  any  service  performed  by  either  of  such 
officers,  shall  be  paid  in  advance  into  the  State  treasury. 

Sec.  26.  A  Sheriff  shall  be  elected  in  each  county  by  the  qualified 
electors  thereof,  who  shall  hold  his  office  for  the  term  of  four  years, 
unless  sooner  removed,  and  shall  be  ineligible  to  such  office  as  his  own 
successor:  Provided,  That  sheriffs  elected  on  the  first  Monday  in 
August,  1877,  or  at  such  other  time  as  may  be  prescribed  by  law  for 
the  election  in  that  year,  shall  hold  their  offices  for  the  term  of  three 
years,  and  until  their  successors  shall  be  elected  and  qualified.  In 
the  year  1880,  at  the  general  election  for  members  to  the  General 
Assembly,  sheriffs  shall  be  elected  for  four  years  as  herein  provided. 
Vacancies  in  the  office  of  Sheriff  shall  be  filled  by  the  Governor,  as  in 
other  cases,  and  the  person  appointed  shall  continue  in  office  until  the 
next  general  election  in  the  county  for  sheriff,  as  provided  by  law. 

Article  VI 
judicial  department 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  the 
Senate,  sitting  as  a  court  of  impeachment,  a  supreme  court,  circuit 
courts,  chancery  courts,  courts  of  probate,  such  inferior  courts  of  law 


168  Alabama— 1875 

and  equity,  to  consist  of  not  more  than  five  members,  as  the  General 
Assembly  may  from  time  to  time  establish,  and  such  persons  ai^jnay 
be  by  hnv  invested  witli  powers  of  a  judicial  nature. 

Sec.  2.  Except  in  cases  otherwise  directed  in  the  constitution,  the 
Supreme  Court  shall  have  ai)pellate  jurisdiction  only,  which  shall  be 
co-extensive  with  the  State,  under  such  restrictions  and  regulations, 
not  repugnant  to  this  constitution,  as  may  from  time  to  time  Ix'  pre- 
scribed l)y  law:  I'rorided,  That  said  court  shall  have  power  to  issue 
writs  of  injunction,  habeas  rorpiis,  quo  watranto,  and  such  other 
remedial  and  original  writs  as  may  be  necessary  to  give  it  a  general 
superintendence  and  control  of  inferior  jurisdiction. 

Sec\  3.  The  Supreme  Court  shall  be  held  at  the  seat  of  government, 
but  if  that  shall  have  become  dangerous  from  any  cause,  it  may 
adjourn  to  a  different  place. 

Sec.  4.  The  State  shall  be  divided  by  the  General  Assembly  into 
convenient  circuits,  not  to  exceed  eight  in  number,  unless  increased 
by  a  vote  of  two-thirds  of  the  members  of  each  house  of  the  (xeneral 
Assembly,  and  no  circuit  shall  contain  less  than  three  nor  more  than 
twelve  counties,  and  for  each  circuit  there  shall  be  chosen  a  judge, 
who  shall  for  one  year  next  preceding  his  election  tmd  during  his 
continuance  in  office  reside  in  the  circuit  for  which  he  is  elected. 

Sec.  f).  The  Circuit  Court  shall  have  original  jurisdiction  in  all 
matters,  civil  and  criminal,  within  the  State,  not  otherwise  in  this 
Constitution ;  but  in  civil  cases  only  when  the  matter  or  sum  in  con- 
troversy exc*eeds  fifty  dollars. 

Sec.  0.  A  circuit  court  shall  be  held  in  each  county  in  the  State  at 
least  twice  in  every  year;  and  the  judges  of  the  several  circuits  may 
hold  court  for  each  other  when  they  deem  it  expedient,  and  shall  do 
so  when  directed  by  law :  Proinded^  That  the  judges  of  the  several 
circuit  courts  shall  have  power  to  issue  w^its  of  injunction  returnable 
into  courts  of  chancery. 

Sec.  7.  The  General  Assembly  shall  have  power  to  establish  a  court 
or  courts  of  chancery,  with  original  and  appellate  jurisdiction.  The 
State  shall  be  divided  by  the  General  Assembly  into  convenient  chan- 
cery divisions,  not  exceeding  three  in  number,  unless  an  increase  shall 
be  made  by  a  vote  of  two-thirds  of  each  house  of  the  General 
Assembly,  taken  by  yeas  and  nays  and  entered  upon  the  journals; 
and  the  division  shall  be  divided  into  districts,  and  for  each  division 
there  shall  be  a  chancellor,  who  shall,  at  the  time  of  his  election  or 
appointment,  and  during  his  continuance  in  office,  reside  in  the 
division  for  which  he  shall  have  been  elected  or  appointed. 

Sec.  8.  A  Chancery  Court  shall  be  held  in  each  district,  at  a  place 
to  be  fixed  by  law.  at  least  once  in  each  year;  and  the  chancellors 
may  hold  courts  for  each  other  when  they  deem  it  necessary. 

Sec.  5).  The  General  Assembly  shall  have  power  to  establish  in 
each  county  within  the  State  a  court  of  probate,  with  gei\eral  juris- 
diction for  the  granting  of  letters  testamentary  and  of  administra- 
tion, and  for  orphans'  business. 

Sec.  10.  The  judges  of  the  Supreme  Court,  Circuit  Courts,  and 
Chancellors  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  he  diminished  during  their  official  terms, 
but  they  shall  receive  no  fees  Or  perquisites,  nor  hold  any  office 


Alabama— 1875  169 

(except  judicial  offices)  of  profit  or  trust  under  this  State,  or  the 
United  States,  or  any  other  power,  during  the  term  for  which  they 
have  been  elected. 

Sec.  11.  The  Supreme  Court  shall  consist  of  one  chief  justice  and 
such  number  of  associate  justices  as  may  be  prescribed  by  law. 

Sec.  12.  The  chief-justice  and  associate  justices  of  the  Supreme 
Court,  judges  of  the  Circuit  Courts,  Probate  Courts,  and  Chancellors 
shall  be  elected  by  the  qualified  electors  of  the  State,  circuits,  coun- 
ties, and  chancery  divisions  for  which  such  courts  may  be  established, 
at  such  time  as  may  be  prescribed  by  law. 

Sec.  13.  The  judges  of  such  inferior  courts  of  law  and  equity  as 
may  be  by  law  established,  shall  be  elected  or  appointed,  in  such  mode 
as  the  general  assembly  may  prescribe. 

Sec,  14.  The  judges  of  the  Supreme  Court,  Circuit  Courts,  and 
Chancellors,  and  the  judges  of  city  courts,  shall  have  been  citizens  of 
the  United  States  and  of  this  State  for  five  years  next  preceding  their 
election  or  appointment,  and  shall  be  not  less  than  twenty-five  years 
of  age,  and  learned  in  the  law. 

Sec.  15.  The  chief-justice  and  associate  justices  of  the  Supreme 
Court,  Circuit  Judges,  Chancellors,  and  probate  judges  shall  hold 
office  for  the  term  of  six  years,  and  until  their  successors  are  elected 
or  appointed  and  qualified ;  and  the  right  of  such  judges  and  chan- 
cellors to  hold  their  offices  for  the  full  term,  hereby  prescribed,  shall 
not  be  affected  by  any  change  hereafter  made  by  law  in  any  circuit, 
division,  or  county  in  the  mode  or  time  of  election. 

Sec.  16.  The  judges  of  the  Supreme  Court  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State;  the  judges 
of  the  Circuit  Courts,  within  their  respective  circuits,  and  the  judges 
of  the  inferior  courts,  within  their  respective  jurisdictions,  shall,  in 
like  manner,  be  conservators  of  the  peace. 

Sec.  17.  Vacancies  in  the  office  of  any  of  the  judges  or  chancellors 
of  this  State  shall  be  filled  by  appointment  by  the  Governor,  and  such 
appointee  shall  hold  his  office  for  the  unexpired  term,  and  until  his 
successor  is  elected  or  appointed  and  qualified. 

Sec.  18.  If  in  any  case,  civil  or  criminal,  pending  in  any  circuit, 
chancery,  or  city  court  in  this  State,  the  presiding  judge  or  chancellor 
shall,  for  any  legal  cause,  be  incompetent  to  try,  hear,  or  render  judg- 
ment in  such  cause,  the  parties  or  their  attorneys  of  record,  if  it  be  a 
civil  case,  or  the  solicitor  or  other  prosecuting  officer,  and  the  defend- 
ant or  defendants,  if  it  be  a  criminal  case,  may  agree  upon  some  dis- 
interested person  practicing  in  the  court,  and  learned  in  the  law,  to 
act  as  special  judge  or  chancellor,  to  sit  as  a  court,  and  to  hear,  decide, 
and  render  judgment  in  the  same  manner  and  to  the  same  effect  as  a 
judge  of  the  circuit  or  city  court  or  chancellor  sitting  as  a  court  might 
do  in  such  case.  If  the  case  be  a  civil  one,  and  the  parties  or  their 
attorneys  of  record  do  not  agree,  or  if  the  cas^l)e  a  criminal  one  and 
the  prosecuting  officer  and  the  defendant  or  defendants  do  not  agree 
upon  a  special  judge  or  chancellor,  or  if  either  party  in  a  civil  cause 
is  not  represented  in  court,  the  clerk  of  the  circuit  or  city  court,  or 
register  in  chancery,  of  the  court  in  which  said  catise  is  pending,  shall 
appoint  the  special  judge  or  chancellor,  who  shall  preside,  try,  and 
render  judgments  as  in  this  section  provided. 


170  Alabama— 1875 

Sec.  10.  The  General  Assembly  shall  have  power  to  provide  for  the 
holding  of  circuit  and  chancery  courts  in  this  State,  when  the  judges 
or  chancellors  thereof  fail  to  attend  regular  terms. 

Sec.  20.  No  judge  of  any  court  of  record,  in  this  State,  shall  prac- 
tice law  in  any  of  the  courts  of  this  State  or  of  the  United  States. 

Sec.  21.  Registers  in  chancery  shall  he  appointed  by  the  chancellors 
of  the  divisions,  and  shall  hold  office  during  the  term  of  the  chancellor 
making  such  appointment;  and  such  registers  shall  receive  as  com- 
j)ensation  for  their  services  only  such  fees  and  commissions  as  may  be 
specifically  prescribed  by  law. 

Sec.  22.  A  clerk  of  the  Supreme  Court  shall  be  appointed  by  the 
judges  thereof,  and  shall  hold  office  during  the  term  of  the  judges 
making  the  appointment,  and  clerks  of  such  inferior  courts  as  may  be 
established  by  law  shall  be  appointed  by  the  judges  thereof,  and  shall 
hold  office  during  the  term  of  the  judge  nuiking  such  appointment. 

Sec.  23.  Clerks  of  the  Circuit  Court  shall  be  elected  by  the  (juali- 
fied  electors  in  each  county,  for  the  term  of  six  years.  Vacancies  in 
such  office  shall  be  filled  by  the  governor  for  the  unexpired  term. 

Sec.  24.  The  clerk  of  tHe  Supreme  Court  and  registers  in  chancery 
may  be  removed  from  office  by  the  judges  of  the  supreme  court  and 
chancellors  respectively,  for  cause,  to  be  entered  at  length  upon  the 
records  of  the  court. 

Sec.  25.  A  solicitor  for  each  judicial  circuit  shall  be  elected  by  joint 
ballot  of  the  general  assembly,  who  shall  be  learned  in  the  law,  and 
who  shall,  at  the  time  of  his  election,  and  during  his  continuance  in 
office,  reside  in  the  circuit  for  which  he  is  chosen,  and  whose  term  of 
office  shall  be  for  six  years:  Prodded^  That  the  general  assembly,  at 
its  first  session  thereof  after  the  ratification  of  this  constitution,  shall, 
i\v  joint  ballot,  elect  a  solicitor  for  each  judicial  circuit  of  the  State, 
whose  term  of  office  shall  begin  on  Tuesday  after  the  first  Monday  in 
November,  187(),  and  continue  for  four  years:  And  prorided^  That 
the  general  assembly  may,  when  necessary,  provide  for  the  election 
or  appointment  of  county  solicitors. 

Sec.  26.  There  shall  be  elected  by  the  qualified  electors  of  each 
precinct  of  the  counties  not  exceeding  two  justices  of  the  peace  and 
ope  constable.  Such  justices  shall  have  jurisdiction  in  all  civil  cases 
wherein  the  amount  in  controversy  does  not  exceed  $100,  except  in 
cases  of  libel,  slander,  assault  and  battery,  and  ejectment.  In  all 
cases  tried  before  such  justices,  the  right  of  appeal,  w  ithout  prepay- 
ment of  costs,  shall  be  fiecured  bv  law:  Pj'ovided^  That  the  governor 
may  appoint  one  notary  public  for  each  election-precinct  in  counties, 
and  one  for  each  ward  in  cities  of  over  5,000  inhabitants,  who,  in 
addition  to  the  powers  of  notary,  shall  have  and  exercise  the  same 
jurisdiction  as  justices  of  the  peace  within  the  precincts  and  wards 
for  which  they  are  respectively  appointed:  Provided^  That  notaries 
public  without  such  jurisdiction  may  l>e  appointed.  The  term  of 
office  of  such  justice  and  notaries  public  shall  be  prescribed  by  law. 

Sec.  27.  An  Attorney-General  shall  lie  elected  by  the  qualified 
electors  of  the  State  at  the  same  time  and  places  of  election  of  mem- 
l)ers  of  the  general  assembly,  and  whose  term  of  office  shall  be  for  two 
years,  and  until  his  successor  is  elected  and  qualified.  After  his 
election  he  shall  reside  at  the  seat  of  government  and  shall  be  the 


Alabama— 1875  171 

law-officer  of  the  State,  and  shall  perform  such  duties  as  may  be 
required  of  him  by  law. 

Sec.  28.  The  style  of  all  processes  shall  be  "  The  State  of  Alabama," 
and  all  prosecutions  shall  be  carried  on  in  the  name  and  by  the 
authority  of  the  same,  and  shall  conclude,  "Against  the  peace  and  dig- 
nity of  the  State." 

Article  VII 

IMPEACHMENT 

Section  1.  The  Governor,  Secretary  of  State,  Auditor,  Treasurer, 
Attorney-General,  Superintendent  of  Education,  and  judges  of  the 
Supreme  Court  may  be  removed  from  office  for  wilful  neglect  of 
duty,  corruption  in  office,  habitual  drunkenness,  incompetency,  or  any 
offence  involving  moral  turpitude  while  in  office,  or  committed  under 
color  thereof,  or  connected  therewith,  by  the  Senate,  sitting  as  a  court 
for  that  purpose,  under  oath  or  affirmation,  on  articles  or  charges  pre- 
ferred by  the  house  of  representatives. 

Sec.  2.  The  chancellors,  judges  of  the  circuit  courts,  judges  of  the 
probate  courts,  solicitors  of  the  circuits  and  judges  of  inferior  courts 
from  which  an  appeal  may  be  taken  directly  to  the  Supreme  Court, 
may  be  removed  from  office  for  'Any  of  the  causes  specified  in  the  pre- 
ceding section,  by  the  supreme  court,  under  such  regulations  as  may 
be  prescribed  by  law. 

Sec.  3.  The  sheriffs,  clerks  of  the  circuit,  city,  or  criminal  courts, 
tax-collectors,  tax-assessors,  county  treasurers,  coroners,  justices  of 
the  peace,  notaries  public,  constables,  and  all  other  county  officers, 
mayors  and  intendents  of  incorporated  cities  and  tow^ns  in  this  State, 
may  be  removed  from  office  for  any  of  the  causes  specified  in  section 
one  of  tiiis  article,  by  the  circuit,  city,  or  criminal  court  of  the  county 
in  which  such  officers  hold  their  office,  under  such  regulations  as  may 
be  prescribed  by  law:  Provided,  That  the  right  of  trial  by  jury  and 
appeal  in  such  cases  be  secured. 

Sec.  4.  The  penalties  in  cases  arising  under  the  three  preceding  sec- 
tions shall  not  extend  beyond  removal  from  office  and  disqualification 
from  holding  office  under  the  authority  of  this  State,  for  the  term  for 
which  he  was  elected  or  appointed ;  but  the  accused  shall  be  liable  to 
indictment,  trial,  and  punishment  as  prescribed  by  law. 

Article  VIII 

SUFFRAGE   AND   ELECTIONS 

Section  1.  Every  male  citizen  of  the  United  States,  and  every 
male  person  of  foreign  birth  who  may  have  legally  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States  before  he  offers  to  vote, 
who  is  21  years  old  or  upwards,  possessing  the  following  qualifica- 
tions, shall  be  an  elector,  and  shall  be  entitled  to  vote  at  any  election 
by  the  people,  except  as  hereinafter  provided : 

1st.  He  shall  have  resided  in  the  State  at  least  one  year  innne- 
diately  preceding  the  election  at  which  he  offers  to  vote. 


172  Alabama— 1875 

2d.  He  shall  have  resided  in  the  county  for  three  months,  and  in 
the  precinct,  district,  or  ward  for  thirty  days  immediately  preceding 
the  election  at  which  he  otfers  to  vote:  Provided,  That  the  General 
Assembly  may  prescribe  a  longer  or  shorter  residence  in  any  pre- 
cinct in  any  county,  or  in  any  ward  in  any  incorporated  city  or  town 
having  a  population  of  more  than  5,000  inhabitants,  but  in  no  case 
to  exceed  three  months:  And  provided,  That  no  soldier,  sailor,  or 
marine  in  the  military  or  naval  service  of  the  United  States  shall 
acquire  a  residence  by  being  stationed  in  this  State. 

Sec.  2.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elec- 
tions by  persons  in  a  representative  capacity  shall  be  viva  voce. 

Sec.  3.  The  following  classes  shall  not  be  permitted  to  register, 
vote,  or  hold  office : 

1st.  Those  who  shall  have  been  convicted  of  treason,  embezzlement 
of  public  funds,  malfeasance  in  office,  larceny,  bribery,  or  other  crime 
punishable  by  imprisonment  in  the  penitentiary. 

2d.  Tho^-o  who  are  idiots  or  insane. 

Sec.  4.  Electors  shall  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  or  while  going  to  or  returning  therefrom. 

Sec.  5.  The  General  Assembly  shall  pass  laws,  not  inconsistent 
with  this  constitution,  to  regulate  and  govern  elections  in  this  State; 
and  all  such  laws  shall  be  uniform  throughout  the  State.  The  Gen- 
eral Assembly  may,  when  necessary,  provide  by  law  for  the  regis- 
tration of  electors  throughout  the  State,  or  in  any  incorporated  city 
or  town  thereof;  and  when  it  is  so  provided,  no  person  shall  vote  at 
any  election  unless  he  shall  have  registered  as  required  by  law. 

Sec.  6.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  ade- 
quate laws  giving  protection  against  the  evils  arising  from  the  use 
of  intoxicating  liquors  at  all  elections. 

Sec.  7.  Returns  of  elections  for  all  civil  officers  who  are  to  be  com- 
missioned by  the  Governor,  except  Secretary  of  State,  State  Auditor, 
State  Treasurer,  and  Attorney-General,  and  for  members  of  the  Gen- 
eral Assembly,  shall  be  made  to  the  Secretary  of  State. 

Article  IX 

REPRESENTATION 

Section  1.  The  whole  number  of  Senators  shall  be  not  less  than 
one-fourth  or  more  than  one-third  of  the  whole  number  of  represent- 
atives. 

Sec.  2.  The  House  of  Representatives  shall  consist  of  not  more 
than  one  hundred  membei*s,  who  shall  be  apportioned  by  the  Gen- 
eral Assembly  among  the  several  counties  of  the  State  according  to 
the  number  of  inhabitants  in  them,  respectively,  as  ascertained  by 
the  decennial  census  of  the  United  States  for  the  year  1880;  which 
apportionment,  when  made,  shall  not  ho  subject  to  alteration  until 
the  first  session  of  the  general  assembly  after  the  next  decennial 
census  of  the  United  States  shall  have  been  taken. 

Sec.  3.  It  shall  he  the  duty  of  the  general  assembly,  at  its  first  ses- 
sion after  the  taking  of  the  decennial  census  of  the  United  States  in 
1880,  and  after  each  subsequent  decennial  census,  to  fix  by  law  the  num- 
ber of  representatives,  and  apportion  them  among  the  several  counties 


Alabama— 1875  173 

of  the  State :  Provided,  That  each  county  shall  be  entitled  to  at  least 
one  representative. 

Sec.  4.  It  shall  be  the  duty  of  the  general  assembly,  at  its  first  ses- 
sion after  the  taking  of  the  decennial  census  of  the  United  States  in 
1880,  and  after  each  subsequent  decennial  census,  to  fix  by  law  the  num- 
ber of  senators,  and  to  divide  the  State  into  as  many  senatorial  dis- 
tricts as  there  are  senators,  which  districts  shall  be  as  nearly  equal  to 
each  other  in  the  number  of  inhabitants  as  may  be,  and  each  shall  be 
entitled  to  one  senator  and  no  more;  and  which  districts,  when 
formed,  shall  not  be  changed  until  the  next  apportioning  session  of 
the  general  assembly  after  the  next  decennial  census  of  the  United 
States  shall  have  been  taken.  No  county  shall  be  divided  between  two 
districts,  and  no  district  shall  be  made  of  two  or  more  counties  not 
contiguous  to  each  other. 

Sec.  5.  Should  the  decennial  census  of  the  United  States  from  any 
cause  not  be  taken,  or  if  when  taken  the  same  as  to  this  State  is  not 
full  or  satisfactory,  the  general  assembly  shall  have  power,  at  its  first 
session  after  the  time  shall  have  elapsed  for  the  taking  of  said  census, 
to  provide  for  an  enumeration  of  all  the  inhabitants  of  this  State,  and 
once  in  each  ten  years  thereafter,  upon  which  it  shall  be  the  duty  of 
the  general  assembly  to  make  the  apportionment  of  representatives 
and  senators  as  provided  for  in  this  article. 

Sec.  6.  Until  the  general  assembly  shall  make  an  apportionment  of 
representatives  among  the  several  counties,  after  the  first  decennial  cen- 
sus of  the  United  States  as  herein  provided,  the  counties  of  Autauga, 
Baldwin,  Bibb,  Blount,  Calhoun,  Chilton,  Cherokee,  Choctaw, 
Clarke,  Clay,  Cleburne,  Coifee,  Colbert,  Conecuh,  Coosa,  Covington, 
Crenshaw,  Dale,  De  Kalb,  Elmore,  Etowah,  Escambia,  Fayette, 
Franklin,  Geneva,  Henry,  Lauderdale,  Marion,  Morgan,  Monroe, 
Marshall,  Randolph,  Sanford,  Shelby,  Saint  Clair,  Walker,  Washing- 
ton, and  Winston  shall  each  have  one  representative ;  the  counties  of 
Barbour,  Bullock,  Butler,  Chambers,  Greene,  Hale,  Jackson,  Jeffer- 
son, Limestone,  Lawrence,  Lowndes,  Lee,  Macon,  Marengo,  Perry, 
Pickens,  Pike,  Eussell,  Sumter,  Talladega,  Tallapoosa,  Tuscaloosa, 
and  Wilcox  shall  have  each  two  representatives ;  the  county  of  Madi- 
son shall  have  three  representatives;  the  counties  of  Dallas  and 
Montgomery  shall  have  each  four  representatives,  and  the  county  of 
Mobile  shall  have  five  representatives. 

Sec.  7.  Until  the  general  assembly  shall  divide  the  State  into  sena- 
torial districts  as  herein  provided,  the  senatorial  districts  shall  be  as 
follows : 

First  district,  Lauderdale  and  Limestone;  second  district,  Colbert 
and  Lawrence ;  third  district,  Morgan,  Winston,  and  Blount ;  fourth 
district,  Madison;  fifth  district,  Marshall,  Jackson,  and  De  Kalb; 
sixth  district,  Cherokee,  Etowah,  and  Saint  Clair;  seventh  district, 
Calhoun  and  Cleburne;  eighth  district,  Talladega  and  Clay;  ninth 
district,  Randolph  and  Chambers;  tenth  district,  Macon  and  Talla- 
poosa; eleventh  district,  Bibb  and  Tuscaloosa;  twelfth  district, 
Franklin,  Marion,  Fayette,  and  Sanford ;  thirteenth  district.  Walker, 
Jefferson,  and  Shelby;  fourteenth  district,  Greene  and  Pickens;  fif- 
teenth district,  Coosa,  Elmore,  and  Chilton;  sixteenth  district, 
Lowndes  and  Autauga;  seventeenth  district,  Butler  and  Conecuh; 
■eighteenth  district,  Perry ;  nineteenth  district,  Choctaw,  Clarke,  and 
Washington;     twentieth    district,    Marengo;     twenty-first    district, 

7251— VOL  1—07 14 


174  Alabama— 1875 

Momw,  Escambia,  and  Baldwin;  twenty-second  district,  Wilcox; 
twenty-third  district,  Henry,  Cotfee,  Dale,  and  Geneva;  twenty- 
fourth  district,  Barbour;  twenty-fifth  district.  Pike,  Crenshaw,  and 
Covington;  twenty-sixth  district,  Bullock;  twenty-seventh  district, 
Lee;  twenty-eighth  district,  Montgomery;  twenty-ninth  district, 
Russell;  thirtieth  district,  Dallas;  thirty-first  district,  Sumter; 
thirty-second  district,  Hale;   thirty-third  district,  Mobile. 

^Vkticle  X 

TAXATION 

Section  1.  All  taxes  levied  on  property  in  this  State  shall  be 
assessed  in  exact  proportion  to  the  value  of  such  property:  Promded, 
however^  The  (Jeneral  Assembly  may  levy  a  poll-tax,  not  to  exceed 
one  dollar  and  fifty  cents  on  each  poll,  which  shall  Ix'  applied  exclu- 
sively in  aid  of  the  public-school  fund  in  the  county  so  paying  the 
same. 

Sec.  2.  No  power  to  levy  taxes  shall  be  delegated  to  individuals 
or  private  corporations. 

Sec".  3.  After  the  ratification  of  this  constitution  no  new  debt  shall 
be  created  against  or  incurred  by  this  State  or  its  authority,  except  to 
repel  invasion  or  suppress  insurrection,  and  then  only  by  a  concur- 
rence of  two-thirds  of  the  members  of  each  house  of  the  General 
Assembly,  and  the  vote  shall  be  taken  by  yeas  and  nays  and  entered 
on  the  journals;  and  any  act  creating  or  incurring  any  new  debt 
against  this  State,  except  as  herein  provided  for,  shall  be  absolutely 
void:  Proinded^  The  Governor  may  be  authorized  to  negotiate  tem- 
porary loans,  never  to  exceed  $100,000,  to  meet  deficiencies  in  the 
treasury,  and  until  the  same  is  paid  no  new  loan  shall  be  negotiated : 
Provided  further^  That  this  section  shall  not  be  so  construed  as  to 
prevent  the  issuance  of  bonds  in  adjustment  of  existing  State 
mdebtedness. 

Sec.  4.  The  general  assembly  shall  not  have  the  power  to  levy,  in 
any  one  year,  a  greater  rate  of  taxation  than  three-fourths  of  one  per 
centum  on  the  value  of  the  taxable  property  within  this  State. 

Sec.  T).  No  county  in  this  State  shall  he,  authorized  to  levy  a  larger 
rate  of  taxation,  in  any  one  year,  on  the  value  of  the  taxable  prop- 
erty therein,  than  one-half  of  one  per  centum :  Provided,  That  to  pay 
debts  existing  at  the  ratification  of  this  constitution  an  additional 
rate  of  one-fourth  of  one  per  cent,  may  be  levied  and  collected, 
Avhich  shall  be  exclusively  appropriated  to  the  payment  of  such 
debts,  or  the  interest  thereon:  Provided  further,  That  to  pay  any 
debt  or  liability  now  existing  against  any  county,  incurred  for  the 
erection  of  the  necessary  public  buildings,  or  other  ordinary  county 
purposes,  or  that  may  hereafter  be  created  for  the  erection  of  neces- 
sary public  buildings  or  bridges,  any  county  may  levy  and  collect 
sucn  special  taxes  as  may  have  been,  or  may  hereafter  be,  authorized 
by  law ;  which  taxes  so  levied  and  collected  shall  be  applied  exclu- 
sively to  the  purposes  for  which  the  same  shall  have  been  le%4ed  and 
collected. 

Sec.  6.  The  property  of  private  corporations,  associations,  and 
individuals  of  this  State  shall  forever  be  taxed  at  the  same  rate: 
Provided,  This  section  shall  not  apply  to  institutions  or  enterprises 
devoted  exclusively  to  religious,  educational,  or  charitable  purposes. 


Alabama— 1875  175 

Sec.  7.  No  city,  town,  or  other  municipal  corporation  other  than 
provided  for  in  this  article,  shall  levy  or  collect  a  larger  rate  of  tax- 
ation, in  any  one  year  on  the  property  thereof,  than  one-half  of  one 
per  centum  of  the  value  of  such  property,  as  assessed  for  State  taxa- 
tion during  the  preceding  year:  Provided,  That  for  the  payment  of 
debts  existing  at  the  time  of  the  ratification  of  this  constitution,  and 
the  interest  thereon,  an  additional  rate  of  one  per  centum  may  be  col- 
lected, to  be  applied  exclusively  to  such  indebtedness : 

And  provided,  This  section  shall  not  apply  to  the  city  of  Mobile, 
which  city  may,  until  the  1st  day  of  January,  1879,  levy  a  tax  not  to 
exceed  the  rate  of  one  per  centum,  and  from  and  after  that  time  a  tax 
not  to  exceed  the  rate  of  three-fourths  of  one  per  centum  to  pay  the 
expenses  of  the  city  government,  and  may  also,  until  the  1st  day  of 
January,  1879,  levy  a  tax  not  to  exceed  the  rate  of  one  per  centum, 
and  from  and  after  that  time  a  tax  not  to  exceed  three-fourths  of  one 
per  centum  to  pay  the  existing  indebtedness  of  said  city  and  the 
interest  thereon. 

Sec.  8.  At  the  first  session  of  the  General  Assembly  after  the  rati- 
fication of  this  constitution,  the  salaries  of  the  following  officers  shall 
be  reduced  at  least  twenty-five  per  centum,  viz :  Governor,  Secretary 
of  State,  State  Auditor,  State  Treasurer,  Attorney-General,  Super- 
intendent of  Education,  Judges  of  the  Supreme  and  Circuit  Courts, 
and  Chancellors;  and  after  said  reduction  the  General  Assembly 
shall  not  have  the  power  to  increase  the  same,  except  by  a  vote  of  a 
majority  of  all  the  members  elected  to  each  house,  taken  by  yeas  and 
nays  and  entered  on  the  journals:  Provided,  This  section  shall  not 
apply  to  any  of  said  officers  now  in  office. 

Sec.  9.  The  General  Assembly  shall  not  have  the  power  to  require 
the  counties  or  other  municipal  corporations  to  pay  any  charges 
which  are  now  payable  out  of  the  State  treasury. 

Article  XI 

MILITIA 

Section  1.  All  able-bodied  male  inhabitants  of  this  State,  between 
the  ages  of  eighteen  and  forty-five  years,  who  are  citizens  of  the 
United  States,  or  have  declared  their  intention  to  become  such  citi- 
zens, shall  be  liable  to  military  duty  in  the  militia  of  the  State. 

Sec.  2.  The  General  Assembly  in  providing  for  the  organization, 
equipment,  and  discipline  of  the  militia,  shall  conform  as  nearly  as 
practicable  to  the  regulations  for  the  government  of  the  armies  of  the 
United  States. 

Sec.  3.  Each  company  and  regiment  shall  elect  its  own  company 
and  regimental  officers ;  but  if  any  company  or  regiment  shall  neglect 
to  elect  such  officers  w  ithin  the  time  prescribed  by  law,  they  may  be 
appointed  by  the  governor. 

Sec.  4.  Volunteer  organizations  of  infantry,  cavalry,  and  artillery 
may  be  formed  in  such  manner  and  under  such  restrictions  and  with 
such  privileges  as  may  be  provided  by  law. 

Sec.  5.  The  militia  and  volunteer  forces  shall  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  muster,  parades,  and  elections,  and  in 
going  to  and  returning  from  the  same. 


176  Alabama— 1875 

Sec.  6.  The  Governor  shall,  except  as  otherwise  provided  herein,  be 
commander-in-chief  of  the  militia  and  volunteer  lorces  of  the  State, 
except  when  in  the  service  of  the  United  States,  and  shall,  with  the 
advice  and  consent  of  the  senate,  appoint  all  general  officers,  whose 
term  of  office  shall  l)e  for  four  years.  The  governor,  the  generals, 
and  regimental  and  battalion  commanders  shall  appoint  their  own 
staffs,  as  may  be  provided  by  law. 

Sec.  7.  The  (Jeneral  Assembly  shall  provide  for  the  safe-keeping 
of  the  arms,  ammunition,  and  accoutrements,  military  records,  ban- 
ners, and  relics  of  the  State. 

Sec.  8.  The  officers  and  men  of  the  militia  and  volunteer  forces 
shall  not  be  entitled  to  or  receive  any  pay,  rations,  or  emoluments 
when  not  in  active  service. 

Article  XII 

EDUCATION 

Section  1.  The  General  Assembly  shall  establish,  organize,  and 
maintain  a  system  of  public  schools  throughout  the  State,  for  the 
equal  benefit  of  the  children  thereof  between  the  a^es  of  seven  and 
twenty-one  years ;  but  separate  schools  shall  be  provided  for  the  chil- 
dren of  citizens  of  African  descent. 

Sec.  2.  The  jirincipal  of  all  funds  arising  from  the  sale  or  other 
disposition  of  lands  or  other  property  which  has  been  or  may  here- 
after be  granted  or  entrusted  to  this  State,  or  given  by  the  United 
States  for  educational  purposes,  shall  be  preserved  inviolate  and 
undiminished ;  and  the  income  arising  therefrom  shall  l)e  faithfully 
applied  to  the  specific  objects  of  the  original  grants  or  appropriations. 

Sec.  3.  All  lands  or  other  property  given  by  individuals  or  appro- 
priated by  the  State  for  educational  purposes,  and  all  estates  of 
deceased  persons  who  die  without  leaving  a  will  or  heir,  shall  be 
faithfully  applied  to  the  maintenance  of  the  public  schools. 

Sec.  4.  The  General  Assemblv  shall  also  provide  for  the  levying 
and  collection  of  an  annual  poll-tax,  not  to  exceed  one  dollar  and 
fifty  cents  on  each  poll,  which  shall  be  applied  to  the  support  of  the 
public  schools  in  the  counties  in  which  it  is  levied  and  collected. 

Sec,  5.  The  income  arising  from  the  sixteenth-section  trust-fund, 
the  surplus-revenue  fund,  until  it  is  called  for  by  the  United  States 
Government,  and  the  funds  enumerated  in  sections  three  and  four  of 
this  article,  with  such  other  monevs,  to  be  not  less  than  one  hundred 
thousand  dollars  per  annum,  as  the  General  Assembly  shall  provide 
by  taxation  or  otherwise,  shall  be  applied  to  the  support  and  mainte- 
nance of  the  public  schools,  and  it  shall  be  the  duty  of  the  General 
Assemblv  to  increase,  from  time  to  time,  the  public-school  fund,  as 
the  condition  of  the  treasury  and  the  resources  of  the  State  will 
admit. 

Sec.  6.  Not  more  than  four  per  cent,  of  all  moneys  raised,  or  which 
may  hereafter  be  appropriated  for  the  support  of  public  schools,  shall 
be  used  or  expended  otherwise  than  for  the  payment  of  teachers  em- 
ployed in  such  schools:  Provided^  That  the  General  Assembly  may, 
by  a  vote  of  two-thirds  of  each  house,  suspend  the  operation  of  this 
section. 

Sec.  7.  The  supervision  of  the  public  schools  shall  be  vested  in  a 
Superintendent  or  Education,  whose  powers,  duties,  term  of  office,  and 


Alabama— 187S  177 

compensation  shall  be  fixed  by  law.  The  Superintendent  of  Educa- 
tion shall  be  elected  by  the  qualified  voters  of  the  State,  in  such  man- 
ner and  at  such  time  as  shall  be  provided  by  law. 

Sec.  8.  No  money  raised  for  the  support  of  the  public  schools  of 
the  State  shall  be  appropriated  to  or  used  for  the  support  of  any 
sectarian  or  denominational  school. 

Sec.  9.  The  State  University  and  the  Agricultural  and  Mechanical 
College  shall  each  be  under  the  management  and  control  of  a  Board 
of  Trustees.  The  Board  for  the  University  shall  consist  of  two  mem- 
bers from  the  congressional  district  in  which  the  University  is  lo- 
cated, and  one  from  each  of  the  other  congressional  districts  in  the 
State.  The  Board  for  the  Agricultural  and  Mechanical  College  shall 
consist  of  two  members  from  the  congressional  district  in  which  the 
college  is  located,  and  one  from  each  of  the  other  congressional  dis- 
tricts in  the  State.  Said  trustees  shall  be  appointed  by  the  Gov- 
ernor, by  and  with  the  advice  and  consent  of  the  Senate,  and  shall 
hold  office  for  a  term  of  six  years,  and  until  their  successors  shall  be 
appointed  and  qualified.  After  the  first  appointment  each  board 
shall  be  divided  into  three  classes,  as  nearly  equal  as  may  be.  The 
seats  of  the  first  class  shall  be  vacated  at  the  expiration  of  two  years, 
and  those  of  the  second  class  in  four  years,  and  those  of  the  third 
class  at  the  end  of  six  years  from  the  date  of  appointment,  so  that 
one-third  may  be  chosen  biennially.  No  trustee  shall  receive  any  pay 
or  emolument  other  than  his  actual  expenses  incurred  in  the  discharge 
of  his  duties  as  such.  The  Governor  shall  be  ex  officio  President, 
and  the  Superintendent  of  Education  ex  officio  a  member  of  each  of 
said  boards  of  trustees. 

Sec.  10.  The  General  Assembly  shall  have  no  power  to  change  the 
location  of  the  State  University  or  the  Agricultural  and  Mechanical 
College  as  now  established  by  law,  except  upon  a  vote  of  two-thirds 
of  the  members  of  the  General  Assembly,  taken  by  yeas  and  nays,  and 
entered  upon  the  journals. 

Sec.  11.  The  provisions  of  this  article,  and  of  any  act  of  the  Gen- 
eral Assembly,  passed  in  pursuance  thereof,  to  establish,  organize, 
and  maintain  a  system  of  public  schools  throughout  the  State,  shall 
apply  to  Mobile  County  only  so  far  as  to  authorize  and  require  the 
authorities  designated  by  law  to  draw  the  portion  of  the  funds  to 
which  said  county  will  be  entitled  for  school  purposes,  and  to  make 
reports  to  the  Superintendent  of  Education  as  majy^  be  prescribed  by 
law^  And  all  special  incomes  and  powers  of  taxation  as  now  author- 
ized by  law^  for  the  benefit  of  public  schools  in  said  county,  shall 
remain  undisturbed  until  otherwise  provided  by  the  General  As- 
sembly :  Provided,  That  separate  schools  for  each  race  shall  always 
be  maintained  by  said  school  authorities. 

Article  XIII 

CORPORATIONS PRIVATE    CORPORATIONS 

Section  1.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  act,  except  for  municipal,  manufactur- 
ing, mining,  immigration,  industrial,  and  educational  purposes,  or 
for  constructing  canals,  or  improving  navigable  rivers  and  harbors 
of  this  State,  and  in  cases  where,  in  the  judgment  of  the  general 


178  Alabama— 1875 

jissonibl}',  the  objects  of  the  rorponition  cannot  l)c  Attained  under 
general  hiws.  All  general  laws  and  special  a(;ts  passed  pui-suant  to 
this  section  may  1m'  altere<l,  aniende<l.  or  rej)ealed. 

Skc.  2.  All  existing  charters,  or  grants  of  special  or  exclusiv^e 
privileges,  under  which  a  h<>ii<i-fi<Ie  organization  shall  not  have  taken 
place  and  business  been  commenced  in  g<M>d  faith,  at  the  time  of  the 
ratification  of  this  constitution,  shall  thereafter  have  no  validity. 

Sec.  8.  The  (ieneral  Assembly  shall  not  remit  the  forfeiture  of  the 
charter  of  any  corporation  now  existing,  or  alter  or  amend  the  same, 
or  pass  any  general  or  special  law  for  the  benefit  of  such  corporation, 
other  than  in  execution  of  a  trust  created  by  law  or  by  contract,  ex- 
cept upon  the  condition  that  such  corporation  shall  thereafter  hold 
its  charter  subject  to  the  provisions  of  this  constitution. 

Sec.  4.  No  foreign  corporation  shall  do  any  business  in  this  State 
without  having  at  least  one  known  place  of  business,  and  an  author- 
ized agent  or  agents  therein ;  and  such  corporation  nuiy  l>e  sued,  in 
any  county  where  it  does  business,  by  service  of  process  \ipon  an 
agent  anywhere  in  this  State. 

Sec.  5.  No  corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter. 

Sec.  (5.  No  corporation  shall  issue  stock  or  bonds,  except  for  money, 
labor  done,  or  money  or  property  actually  received:  and  all  fictitious 
increase  of  stock  or  indebtedness  shall  be  void.  The  stock  and 
bonded  indebtedness  of  corporations  shall  not  be  increased,  except 
in  pursuance  of  general  laws,  nor  without  the  consent  of  the  persons 
holding  the  larger  amount  in  value  of  stock  first  obtained  at  a  meet- 
ing to  be  held  after  thirty  days'  notice  given  in  pursuance  of  law. 

Sec.  7.  Municipal  and  other  corporations  ana  individuals  invested 
with  the  privilege  of  taking  private  property  for  public  use  shall 
make  just  compensation  for  the  property  taken,  injured,  or  destroyed 
by  the  construction  or  enlargement  of  its  works,  highways,  or  im- 
provements, which  compensation  shall  l)e  paid  before  such  taking, 
injury,  or  destruction.  The  General  Assembly  is  hereby  prohibited 
from  depriving  any  person  from  an  appeal  from  any  preliminary 
assessment  of  damages  against  any  such  corporations  or  individuals, 
made  by  viewers  or  otherwise;  and  the  amount  of  such  damages  in 
all  cases  of  appeal  shall,  on  the  demand  of  either  party,  be  determined 
by  a  jury  according  to  law. 

Sec.  8.  Dues  from  private  corporations  shall  be  secured  by^  such 
means  as  may  Iw  prescribed  by  law,  but  in  no  case  shall  anv  stock- 
holder l>e  individually  liable  otherwise  than  for  the  unpafd  stock 
owned  by  hini  or  her. 

Sec.  0.  No  corporation  shall  issue  preferred  stock  without  the  con- 
sent of  the  owners  of  two-thirds  of  the  stock  of  said  corporation. 

Sec.  10.  The  General  Assembly  shall  have  the  power  to  alter,  re- 
voke, or  amend  any  charter  of  incorporation  now  existing,  and  revok- 
able  at  the  ratification  of  this  constitution,  or  any  that  may  hereafter 
be  created,  whenever  in  their  opinion  it  may  be  injurious  to  the  citi- 
zens of  the  State,  in  such  manner,  however,  that  no  injustice  shall  l)e 
done  to  the  corporators.  No  law  hereafter  enacted  shall  create, 
renew,  or  extend  the  charter  of  more  than  one  corporation. 

Sec.  11.  Any  association  or  corporation  organized  for  the  purpose, 
or  any  individual,  shall  have  the  right  to  construct  and  maintain 
lines  of  telegraph  within  this  State,  and  connect  the  same  with  other 


Alabama— 1875  179 

lines;  and  the. General  Assembly  shall,  by  general  law  of  uniform 
operation,  provide  reasonable  regulations  to  give  full  effect  to  this 
section.  No  telegraph  company  shall  consolidate  with,  or  hold  a 
controlling  interest  in  the  stock  or  bonds  of,  any  other  telegraph  com- 
pany ownmg  a  competing  line,  or  acquire,  by  purchase  or  otherwise, 
any  other  competing  line  of  telegraph. 

Sec.  12.  All  corporations  shall  have  the  right  to  sue,  and  shall  be 
subject  to  be  sued,  in  all  courts,  in  like  cases  as  natural  persons. 

Sec.  13.  The  term  "  corporation,"  as  used  in  this  article,  shall  be 
construed  to  include  all  joint-stock  companies,  or  any  associations 
having  any  of  the  powers  or  privileges  of  corporations  not  possessed 
by  individuals  or  partnerships. 

BANKS  AND  BANKING 

Sec.  14.  The  General  Assembly  shall  not  have  the  power  to  estab- 
lish or  incorporate  any  bank,  or  Jbanking  company,  or  moneyed  insti- 
tution, for  the  purpose  of  issuing  bills  of  credit,  or  bills  payable  to 
order  or  bearer,  except  under  the  conditions  prescribed  in  this 
constitution. 

Sec.  15.  No  bank  shall  be  established  otherwise  than  under  a 
general  banking  law,  as  provided  in  the  thirteenth  section  of  this 
article,  nor  otherwise  than  upon  a  special  basis. 

Sec.  10.  All  bills  or  notes  issued  as  money  shall  be,  at  all  times, 
redeemable  in  gold  or  silver ;  and  no  law  shall  be  passed  sanctioning, 
directly  or  indirectly,  the  suspension,  by  any  bank  or  banking  com- 
pany, of  specie  payment. 

Sec.  17.  Holders  of  bank-notes  and  depositors  wiio  have  not  s-tipu- 
lated  for  interest  shall,  for  such  notes  and  deposits,  be  entitled,  in  case 
of  insolvency,  to  the  preference  of  payment  over  all  other  creditors. 

Sec.  18.  Every  bank  or  banking  company  shall  be  required  to  cease 
all  banking  operations  within  twenty  years  from  the  time  of  its 
organization,  unless  the  General  Assembly  shall  extend  the  time,  and 
promptly  thereafter  close  its  business,  but  shall  have  corporate 
capacity  to  sue,  and  shall  be  liable  to  suit,  until  its  affairs  and  liabili- 
ties are  fully  closed. 

Sec.  19.  No  bank  shall  receive,  directly  or  indirectly,  a  greater  rate 
of  interest  than  shall  be  allow^ed  by  law  to  individuals  for  lending 
money. 

Sec.  20.  The  State  shall  not  be  a  stockholder  in  any  bank,  nor  shall 
the  credit  of  the  State  ever  be  given  or  loaned  to  any  banking  com- 
pany, association,  or  corporation. 

RAILROADS  AND  CANALS 

Sec.  21.  All  railroads  and  canals  shall  be  public  highways,  and  all 
railroad  and  canal  companies  shall  be  common  carriers.  Any  associ- 
ation or  corporation  organized  for  the  purpose  shall  have  the  right 
to  construct  and  operate  a  railroad  between  any  points  in  this  State, 
and  to  connect,  at  the  State  line,  with  railroads  of  other  States. 
Every  railroad  company  shall  have  the  right  with  its  road  to  inter- 
sect, connect  with,  or  cross  any  other  railroad,  and  shall  receive  and 
transport  each  the  other's  freight,  passengers,  and  cars,  loaded  or 
empty,  without  delay  or  discrimination. 


180  Alahama—1876 

Sec.  22.  The  General  Assembly  shall  pass  laws  to,  correct  abuses 
and  prevent  unjust  discrimination  and  extortion  in  the  rates  of 
freights  and  passenger  tariffs  on  railroads,  canals,  and  rivers  in  this 
State. 

Sec.  23.  No  railroad  or  other  transportation  company  shall  grant 
free  passes,  or  sell  tickets  or  i)asses  at  a  discount,  other  than  as  sold 
to  the  public  generally,  to  any  member  of  the  General  Assembly,  or 
to  any  |)erson  holding  office  under  this  State  or  the  United  States. 

Sec.  24.  No  street  passenger  railway  shall  be  constructed  within 
the  limits  of  any  city  or  town  witHout  the  consent  of  its  local 
authorities. 

Sec.  25.  No  railroad,  canal,  or  other  transportation  company,  in 
existence  at  the  time  of  the  ratification  of  this  constitution,  shall  have 
the  benefit  of  any  future  legislation  by  general  or  special  laws,  other 
than  in  execution  of  a  trust  created  by  law  or  by  contract,  except  on 
the  condition  of  complete  acceptance  of  all  the  provisions  or  this 
article. 

Article  XIV 

EXEMPTED  PROPERTTY 

Section  1.  The  personal  property  of  any  resident  of  this  State  to 
the  value  of  $1,000,  to  be  selected  by  such  resident,  shall  be  exempted 
from  sale  on  execution,  or  other  process  of  any  court,  issued  for  the 
collection  of  any  debt  contracted  since  the  13th  day  of  July,  1868,  or 
after  the  ratification  of  this  constitution. 

Sec.  2.  Every  homestead,  not  exceeding  eighty  acres,  and  the 
dwelling  and  appurtenances  thereon,  to  l^  selected  by  the  owner 
thereof,  and  not  in  any  city,  town,  or  village,  or  in  lieu  thereof,  at 
the  option  of  the  owner,  any  lot  in  the  city,  town,  or  village,  with  the 
dwelling  and  appurtenances  thereon,  owned  and  occupied  by  any 
resident  of  this  State,  and  not  exceeding  the  value  of  two  thousand 
dollars,  shall  be  exempt  from  sale  on  execution  or  any  other  process 
from  a  court,  for  any  debt  contracted  after  the  adoption  of  this  con- 
stitution. Such  exemption,  however,  shall  not  extend  to  any  mort- 
gage lawfully  obtained,  but  such  mortgage  or  other  alienation  of  such 
homestead,  by  the  owner  thereof,  if  a  married  man,  shall  not  be  valid 
without  the  voluntary  signature  and  assent  of  the  wife  of  the  same. 

Sec.  3.  The  homestead  of  a  family,  after  the  death  of  the  owner 
thereof,  shall  be  exempt  from  the  payment  of  any  debts  contracted 
after  the  adoption  of  this  constitution,  in  all  cases,  during  the  minor- 
ity of  the  children. 

Sec.  4.  The  provisions  of  sections  one  and  two  of  this  article  shall 
not  be  so  construed  as  to  prevent  a  laborer's  lien  for  work  done  and 

f)erformed  for  the  person  claiming  such  exemption,  or  a  mechanic's 
ien  for  work  done  on  the  premises. 

Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no 
children,  the  same  shall  be  exempt,  and  the  rents  and  profits  thereof 
shall  inure  to  her  benefit. 

Sec.  6.  The  real  and  p)ersonal  property  of  any  female  in  this  State, 
acquired  before  marriage,  and  all  property,  real  and  personal,  to  which 
she  may  afterward  be  entitled  by  gift,  grant,  inheritance,  or  devise, 
shall  be  and  remain  the  separate  estate  and  property  of  such  female, 
and  shall  not  be  liable  for  any  debts,  obligations,  and  engagements 


Alabama— 187S  181 

of  her  husband,  and  may  he  devised  or  bequeathed  by  her  the  same 
as  if  she  were  a  feme  sole. 

Sec.  7.  The  right  of  exemptions  hereinbefore  secured  may  be 
waived  by  an  instrument  in  writing,  and  when  such  waiver  relates 
to  realty,  the  instrument  must  be  signed  by  both  the  husband  and 
wife,  and  attested  by  one  witness. 

Article  XV 

OATH   OF   OFFICE 

Section  1.  All  members  of  the  general  assembly,  and  all  officers, 
executive  and  judicial,  before  they  enter  upon  the  execution  of  the 
duties  of  their  respective  offices,  shall  take  the  following  oath  or 
affirmation,  to  wit : 

"  I, ,  solemnly  swear  [or  affirm,  as  the  case  may  be] 

that  I  will  support  the  Constitution  of  the  United  States,  and  the  con- 
stitution of  the  State  of  Alabama,  so  long  as  I  continue  a  citizen 
thereof ;  and  that  I  will  faithfully  and  honestly  discharge  the  duties 
of  the  office  upon  which  I  am  about  to  enter,  to  the  best  of  my  ability : 
So  help  me  God." 

Which  oath  may  be  administered  by  the  presiding  officer  of  either 
house  of  the  general  assembly,  or  any  officer  authorized  by  law  to 
administer  an  oath. 

Article  XVI 

MISCELLANEOUS   PROVISIONS 

Section  1.  No  person  holding  an  office  of  profit  under  the  United 
States,  except  postmasters  whose  annual  salary  does  not  exceed  two 
hundred  dollars,  shall,  during  his  continuance  in  such  office,  hold 
any  office  of  profit  under  this  State;  nor  shall  any  person  hold  two 
offices  of  profit  at  one  and  the  same  time  under  this  State,  except 
justices  of  the  peace,  constables,  notaries  public,  and  commissioners  of 
deeds. 

Sec.  2.  It  is  made  the  duty  of  the  general  assembly  to  enact  all 
laws  necessary  to  give  effect  to  the  provisions  of  this  constitution. 

Article  XVII 

MODE   OF  AMENDINCx   THE    CONSTITUTION 

Section  1.  The  general  assembly  may,  whenever  two-thirds  of  each 
house  shall  deem  it  necessary,  propose  amendments  to  this  consti- 
tution, which,  having  been  read  three  times  on  three  successive  days, 
shall  be  duly  published,  in  such  manner  as  the  general  assembly  may 
direct,  at  least  three  months  before  the  next  general  election  for  repre- 
sentatives, for  the  consideration  of  the  people;  and  it  shall  be  the 
duty  of  the  several  returning-officers,  at  the  next  general  election 
which  shall  be  held  for  representatives,  to  open  a  poll  for  the  vote 
of  the  qualified  electors  on  the  proposed  amendments,  and  to  make  a 
return  of  said  vote  to  the  secretary  of  state;  and  if  it  shall  thereupon 
appear  that  a  majority  of  all  the  qualified  electors  of  the  State,  who 


182  Alabama— 1.901 

voted  for  rppresontativos,  voted  in  favor  of  the  proposed  amend- 
ments, said  amendments  shall  l>e  valid  to  all  intents  and  purposes  as 
parts  of  this  constitution,  and  the  results  of  such  election  shall  be 
made  known  by  proclanuition  of  the  governor. 

Sec.  2.  No  convention  shall  hereafter  be  held  for  the  purpose  of 
altering  or  amending  the  constitution  of  this  State,  unless  the  ques- 
tion of  convention  or  no  convention  shall  be  first  submitted  to  a  vote 
of  all  the  electors  twenty-one  years  and  upwards,  and  approved  by  a 
majority  of  electors  voting  at  said  election. 

L.  P.  Walker,  President. 

B.  II.  Screws,  Secretary. 

CONSTITUTION  OF  ALABAMA— 1901  * 

Alt  AdoptctI  by  the  Constitutional  Convention,  September  3,  1901,  and  in  Effect 

November  28,  1901 

preamble. 

We,  the  people  of  the  State  of  Alabama,  in  order  to  establish 
justice,  insure  domestic  tranquility  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity,  mvoking  the  favor  and  guidance  of 
Almighty  God,  do  ordain  and  establish  the  following  Constitution 
and  form  of  government  for  the  State  of  Alabama : 

Article  I 

DECLARATION   OF   RIGHTS 

That  the  great,  general  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  we  declare: 

1.  That  all  men  are  equally  free  and  independent ;  that  they  are 
endowed  by  their  Creator  with  certain  inalienable  rights;  that  among 
these  are  life,  liberty  and  the  pursuit  of  happiness. 

2.  That  all  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority  and  instituted  for  their 
benefit ;  and  that,  therefore,  they  have  at  all  times  an  inalienable  and 
indefeasible  right  to  change  their  form  of  government  in  such  manner 
as  they  may  deem  expedient. 

3.  That  no  religion  shall  be  established  by  law ;  that  no  preference 
shall  be  given  by  law  to  any  religious  sect,  society,  denomination  or 
mode  of  worship;  that  no  one  shall  be  compelled  by  law  to  attend  any 
place  of  worship ;  nor  to  pay  any  tithes,  taxes  or  other  rates  for  build- 
ing or  repairing  any  place  of  worship,  or  for  maintaining  any  min- 
ister or  ministry;  that  no  religious  test  shall  be  required  as  a  qualifica- 
tion to  anv  office  or  public  trust  under  this  State;  and  that  the  civil 
rights,  j)rivileges  and  capacities  of  any  citizen  shall  not  be  in  any 
manner  atfected  by  his  religious  principles. 

4.  That  no  law  shall  ever  be  passed  to  curtail  or  restrain  the  lib- 
erty of  speech  or  of  the  press ;  and  any  person  may  speak,  write  and 

*  Verlfietl  by  "  Constitution,  State  of  Alabama,  as  adopted  by  the  Constitu- 
tional Convention  September  3,  1901 ;  in  efifect  November  28,  1901." 


Alahama—1901  183 

publish  his  sentiments  on  all  subjects,  being  responsible  for  the  abuse 
of  that  liberty. 

5.  That  the  jjeople  shall  be  secure  in  their  persons,  houses,  papers 
and  possessions  from  unreasonable  seizures  or  searches,  and  that  no 
warrants  shall  issue  to  search  any  place  or  to  seize  any  person  or 
thing  without  probable  cause,  supported  by  oath  or  affirmation. 

G.  That  in  all  criminal  prosecutions  the  accused  has  a  right  to  be 
heard  by  himself  and  counsel,  or  either;  to  demand  the  nature  and 
cause  of  the  accusation  and  to  have  a  copy  thereof ;  to  be  confronted 
by  the  witnesses  against  him ;  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor;  to  testify  in  all  cases  in  his  own  behalf,  if 
he  elects  so  to  do;  and  in  all  prosecutions  by  indictment,  a  speedy 
public  trial,  by  an  impartial  jury  of  the  county  or  district  in  which 
the  offense  was  committed ;  and  he  shall  not  be  compelled  to  give 
evidence  against  himself,  nor  be  deprived  of  life,  liberty  or  property, 
except  by  due  process  of  law ;  but  the  Legislature  may,  by  a  general 
law,  provide  for  a  change  of  venue  at  the  instance  of  the  defendant 
in  all  prosecutions  by  indictment,  and  such  change  of  venue  on  appli- 
cation of  the  defendant,  may  be  heard  and  determined  without  the 
personal  presence  of  the  defendant  so  applying  therefor;  provided, 
that  at  the  time  of  the  application  for  the  change  of  venue,  the  defend- 
ant is  imprisoned  in  jail  or  some  legal  place  or  confinement. 

7.  That  no  person  shall  be  accused,  or  arrested,  or  detained,  except 
in  cases  ascertained  by  law,  and  according  to  the  form  which  the  same 
has  prescribed;  and  no  person  shall  be  punished  but  by  virtue  of  a 
law  established  and  promulgated  prior  to  the  offense  and  legally 
applied. 

8.  That  no  person  shall  for  any  indictable  offense  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  mili- 
tia and  volunteer  forces  when  in  actual  service,  or  when  assembled 
under  arms  as  a  military  organization,  or,  by  leave  of  the  court,  for 
misfeasance,  misdemeanor,  extortion  and  oppression  in  office,  other- 
wise than  is  provided  in  this  Constitution ;  provided,  that  in  cases  of 
misdemeanor,  the  Legislature  may  by  law  dispense  with  a  Grand 
Jury  and  authorize  such  prosecutions  and  proceedings  before  Justices 
of  the  Peace  or  such  other  inferior  courts  as  may  be  by  law  estab- 
lished. 

9.  That  no  person  shall,  for  the  same  offense,  be  twice  put  in 
jeopardy  of  life  or  limb;  but  courts  may,  for  reasons  fixed  by  law, 
discharge  juries  from  the  consideration  of  any  case,  and  no  person 
shall  gain  any  advantage  by  reason  of  such  discharge  of  the  jury. 

10.  That  no  person  shall  be  barred  from  prosecuting  or  defending 
before  any  tribunal  in  this  State,  by  himself  or  counsel,  any  civil 
cause  to  which  he  is  a  party. 

11.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

12.  That  in  all  prosecutions  for  libel  or  for  the  publication  of 
papers  investigating  the  official  conduct  of  officers  or  men  in  public 
capacity,  or  when  the  matter  published  is  proper  for  public  informa- 
tion, the  truth  thereof  may  be  given  in  evidence ;  and  that  in  all 
indictments  for  libel,  the  jury  shall  have  the  right  to  determine  the 
law  and  the  facts  under  the  direction  of  the  court. 

13.  That  all  courts  shall  be  open ;  and  that  every  person  for  any 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall  have 


184  Alabama— 1901 

a  remedy  by  due  process  of  law ;  and  right  and  justice  shall  be  admiDtj, 
istered  without  sale,  tlenial  or  delay. 

14.  That  the  State  of  Alabama  shall  never  be  made  a  defendant  i^ 
any  court  of  law  or  equity.  . 

15.  That  excessive  fines  shall  not  be  imposed  nor  cruel  or  unusuw^ 
punishment  inflicted. 

10.  That  all  persons  shall,  before  conviction,  be  bailable  by  suffi- 
cient sureties,  except  for  capital  offenses,  when  the  proof  is  evident 
or  the  presumption  great;  and  that  excessive  bail  shall  not  in  any 
case  be  required, 

17.  That  the  j)rivilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  by  the  authorities  of  this  State. 

18.  That  treason  against  the  State  shall  consist  only  in  levying 
war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort ;  and  that  no  person  shall  be  convicted  of  treason,  except  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  his  own  confes- 
sion in  open  court. 

19.  That  no  person  shall  be  attainted  of  treason  by  the  Legislature; 
and  no  conviction  shall  work  corruption  of  blood  or  forfeiture  of 
estate. 

20.  That  no  person  shall  be  imprisoned  for  debt. 

21.  That  no  power  of  suspendmg  laws  shall  be  exercised  except  by 
the  Legislature. 

22.  That  no  ex  post  facto  law,  nor  any  law  impairing  the  obliga- 
tion of  contracts,  or  making  any  irrevocable  or  exclusi\e  grants  of 
special  privileges  or  immunities,  shall  be  passed  by  the  Legislature; 
and  every  grant  of  a  franchise,  privilege  or  immunity,  shall  forever 
remain  subject  to  revocation,  alteration  or  amendment. 

23.  That  the  exercise  of  the  right  of  eminent  domain  shall  never 
be  abridged  nor  so  construed  as  to  prevent  the  Legislature  from  taking 
the  property  and  franchises  of  incorporated  companies,  and  subject- 
ing them  to  public  use  in  the  same  manner  in  which  the  property  and 
franchises  of  individuals  are  taken  and  subjected ;  but  private  prop- 
erty shall  not  be  taken  for,  or  applied  to,  public  use,  unless  just  com- 
pensation be  first  made  therefor ;  nor  shall  private  property  be  taken 
for  private  use,  or  for  the  use  of  corporations,  other  than  municipal, 
without  the  consent  of  the  owner;  provided,  however,  the  Legislature 
may  by  law  secure  to  persons  or  corporations  the  right  of  way  over 
the  lands  of  other  persons  or  corporations,  and  by  general  laws 
provide  for  and  regulate  the  exercise  by  persons  and  corporations  of 
the  rights  herein  reserved;  but  just  compensation  shall  in  all  cases 
be  first  made  to  the  owner;  and  provided,  that  the  right  of  eminent 
domain  shall  not  Ije  so  construed  as  to  allow  taxation  or  forced  sub- 
scription for  the  benefit  of  railroads  or  any  other  kind  of  corpora- 
tions, other  than  municipal,  or  for  the  benefit  of  any  individual  or 
association. 

24.  That  all  navigable  waters  shall  remain  forever  public  high- 
ways, free  to  the  citizens  of  the  State  and  the  United  States,  without 
tax,  impost  or  toll;  and  that  no  tax,  toll,  impost  or  wharfage  shall 
he  demanded  or  received  from  the  owner  of  any  merchandise  or  com- 
modity for  the  use  of  the  shores  or  any  wharf  erected  on  the  shores, 
or  in  or  over  the  waters,  of  any  navigable  stream,  unless  the  same 
be  expressly  authorized  by  law. 


Alabama— 1901  185 

25.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  as- 
semble together  for  the  common  good,  and  to  apply  to  those  invested 
with  the  power  of  government  for  redress  or  grievances  or  other  pur- 
poses, by  petition,  address  or  remonstrance. 

26.  That  every  citizen  has  a  right  to  bear  arms  in  defense  of  him- 
self and  the  State. 

27.  That  no  standing  army  shall  be  kept  up  without  the  consent 
of  the  Legislature,  and,  in  that  case,  no  appropriation  for  its  sup- 
port shall  be  made  for  a  longer  term  than  one  year ;  and  the  military 
shall,  in  all  cases,  and  at  all  times,  be  in  strict  subordination  to  the 
civil  power. 

28.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor,  in  time  of  war,  but  in 
a  manner  to  be  prescribed  by  law. 

29.  That  no  title  of  nobility  or  hereditary  distinction,  privilege, 
honor  or  emolument,  shall  ever  be  granted  or  conferred  in  this  State; 
and  that  no  office  shall  be  created,  the  appointment  to  which  shall 
be  for  a  longer  time  than  during  good  .behavior. 

30.  That  immigration  shall  be  encouraged;  emigration  shall  not 
be  prohibited,  and  no  citizen  shall  be  exiled. 

31.  That  temporary  absence  from  the  State  shall  not  cause  a  for- 
feiture of  residence  once  obtained. 

32.  That  no  form  of  slavery  shall  exist  in  this  State ;  and  there  shall 
not  be  any  involuntary  serviture,  otherwise  than  for  the  punishment 
of  crime,  of  which  the  party  shall  have  been  duly  convicted. 

33.  The  privilege  of  suffrage  shall  be  protected  by  laws  regulating 
elections  and  prohibiting,  under  adequate  penalties,  all  undue  in- 
fluences from  power,  bribery,  tumult  or  other  improper  conduct. 

34.  Foreigners  who  are,  or  may  hereafter  become,  bona  fide  resi- 
dents of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the 
possession,  enjoyment  and  inheritance  of  property  as  native  born 
citizens. 

35.  That  the  sole  object  and  only  legitimate  end  of  government  is 
to  protect  the  citizen  in  the  enjoyment  of  life,  liberty  and  property, 
and  when  the  government  assumes  other  functions  it  is  usurpation 
and  oppression. 

36.  That  this  enumeration  of  certain  rights  shall  not  impair  or 
deny  others  retained  by  the  people;  and,  to  guard  against  any 
encroachments  on  the  rights  herein  retained,  we  declare  that  every- 
thing in  this  Declaration  of  Rights  is  excepted  out  of  the  general 
powers  of  government,  and  shall  forever  remain  inviolate. 

Article  II 

STATE    AND    COUNTY    BOUNDARIES 

37.  The  boundaries  of  this  State  are  established  and  declared  to  be 
as  follows,  that  is  to  say:  Beginning  at  the  point  where  the  thirty- 
first  degree  of  north  latitude  crosses  the  Perdido  river;  thence  east, 
to  the  western  boundary  line  of  the  State  of  Georgia;  thence  along 
said  line  to  the  southern  boundary  line  of  the  State  of  Tennessee; 
thence  west,  along  the  southern  boundary  line  of  the  State  of  Ten- 
nessee, crossing  the  Tennessee  river,  and  on  to  the  second  intersection 


186  Alabama— 1901 

of  said  river  by  said  line;  thence  up  said  river  to  the  mouth  of  Big 
Bear  creek;  thence  by  a  direct  line  to  the  northwest  corner  of  Wash- 
ington county,  in  this  State,  as  originally  formed;  thence  st)uth- 
wardly  along  the  line  of  the  State  of  Mississippi,  to  the  Gulf  of 
Mexico;  thence  eastwardly,  including  all  islands  within  six  leagues  of 
the  shore,  to  the  Perdido  river;  thence  up  the  said  river  to  the  l)egin- 
ning;  provided  that  the  limits  and  jurisdiction  of  this  State  shall 
extend  to  and  include  any  other  land  and  territory  hereafter  acquired 
by  contract  or  agreement  with  other  States,  or  otherwise,  although 
such  land  and  territory  are  not  included  within  the  boundaries  here- 
inbefore designated. 

38.  The  boundaries  of  the  several  counties  of  this  State,  as  they 
now"  exist,  are  hereby  ratified  and  confirmed. 

39.  The  Tx^gislature  may  by  a  vote  of  two-thirds  of  each  House 
thereof  arrange  and  designate  boundaries  for  the  several  counties  of 
this  State,  which  boundaries  shall  not  be  altered,  except  by  a  like 
vote;  but  no  new  county  shall  be  formed  hereafter  of  less  extent  than 
six  hundred  square  miles,  and  no  existing  county  shall  be  reduced  to 
less  than  six  hundred  square  miles;  and  no  new  county  shall  l>e 
formed  unless  it  shall  contain  a  sufficient  number  of  inhabitants  to 
entitle  it  to  one  Representative  under  the  ratio  of  representation  exist- 
ing at  the  time  of  its  formation,  and  leave  the  county  or  counties  from 
which  it  is  taken  with  the  required  numl)er  of  inhabitants  to  entitle 
such  county  or  counties,  each,  to  separate  representation;  provided, 
that  out  of  the  counties  of  Henry,  Dale  and  (Jeneva  a  new  county  of 
less  than  six  hundred  square  miles  may  be  formed  under  the  provi- 
sions of  this  article,  so  as  to  leave  said  counties  of  Henry,  Dale  and 
Geneva  with  not  less  than  five  hundred  square  miles  each. 

40.  No  county  line  shall  be  altered  or  changed,  or,  in  the  event  of 
the  creation  of  new  counties,  shall  be  established,  so  as  to  run  within 
seven  miles  of  the  county  court  house  of  any  old  county. 

41.  No  court  house  or  county  site  shall  l)e  removed  except  by  a 
majority  vote  of  the  qualified  electors  of  said  county,  voting  at  an 
election  held  for  such  purpose,  and  when  an  election  has  once  been 
held  no  other  election  shall  be  held  for  such  purpose  until  the  expira- 
tion of  four  years;  provided,  that  the  county  site  of  Shelby  county 
shall  remain  at  Columbiana,  unless  removed  by  a  vote  of  the  people 
as  provided  for  in  an  act  entitled,  "An  Act  to  provide  for  the  perma- 
nent location  of  the  county  site  of  Shelby  county,  Alabama,  by  a 
vote  of  the  qualified  electors  of  said  county."  approved  the  9th  day  of 
February,  1899,  and  the  act  amendatory  thereof,  approved  the  20th 
day  of  February,  1899,  or  by  an  election  held  under  the  provisions  of 
this  article. 

AirricLE  III 

DISTRIBUTION    OF   POWERS   OF   GOVERNMENT 

42.  The  powers  of  the  government  of  the  State  of  Alabama  shall 
be  divided  into  three  distinct  departments,  each  of  which  shall  be 
confided  to  a  separate  body  of  magistracy,  to- wit :  That  which  are 
legislative,  to  one;  those  which  are  executive,  to  another;  and  those 
which  are  judicial,  to  another. 


Alabama— 1901  187 

43.  In  the  government  of  this  State,  except  in  the  instances  in  this 
Constitution  hereinafter  expressly  directed  or  permitted,  the  legis- 
lative department  shall   never  exercise  the  executive  and   judicial 

f)0wers,  or  either  of  them;  the  executive  shall  never  exercise  the 
egislative  and  judicial  powers,  or  either  of  them;  the  judicial  shall 
never  exercise  the  legislative  and  executive  powers,  or  either  of  them ; 
to  the  end  that  it  may  be  a  government  of  laws  and  not  of  men. 

Article  IV 

LEGISLATIVE   DEPARTMENT 

44.  The  legislative  power  of  this  State  shall  be  vested  in  a  Legis- 
lature, which  shall  consist  of- a  Senate  and  a  House  of  Representatives. 

45.  The  style  of  the  laws  of  this  State  shall  be :  "  Be  it  enacted  by 
the  Legislature  of  Alabama,"  which  need  not  be  repeated,  but  the 
act  shall  be  divided  into  sections  for  convenience,  according  to  sub- 
stance; and  the  sections  designated  merely  by  figures.  Each  law 
shall  contain  but  one  subject,  which  shall  be  clearly  expressed  in  its 
title,  except  general  appropriation  bills,  general  revenue  bills,  and 
bills  adopting  a  code,  digest,  or  revision  of  statutes;  and  no  law  shall 
be  revived,  amended,  or  the  provisions  thereof  extended  or  conferred, 
by  reference  to  its  title  only;  but  so  much  thereof  as  is  revived, 
amended,  extended,  or  conferred,  shall  be  re-enacted  and  published 
at  length. 

46.  Senators  and  Representatives  shall  be  elected  by  the  qualified 
electors  on  the  first  Tuesday  ofter  the  first  Monday  in  November, 
unless  the  Legislature  shall  change  the  time  of  holding  elections,  and 
in  every  fourth  year  thereafter.  The  terms  of  office  of  the  Senators 
and  Representatives  shall  commence  on  the  day  after  the  general 
election  at  which  they  are  elected,  and  expire  on  the  day  after  the 
general  election  held  in  the  fourth  year  after  their  election,  except 
as  otherwise  provided  in  this  Constitution.  At  the  general  election 
in  the  year  nineteen  hundred  and  tw^o  all  the  Representatives,  together 
with  the  Senators  for  the  even  numbered  districts  and  for  the  Thirty- 
fifth  district,  shall  be  elected.  The  terms  of  those  Senators  who  rep- 
resent tlie  odd  numbered  districts  under  the  law  in  force  prior  to 
the  ratification  of  this  Constitution  are  hereby  extended  until  the 
day  after  the  general  election  in  the  year  nineteen  hundred  and  six; 
and  until  the  expiration,  of  his  terms  as  hereinbefore  extended,  each 
such  Senator  shall  represent  the  district  established  by  this  Constitu- 
tion bearing  the  number  corresponding  with  that  for  which  he  was 
elected.  In  the  year  nineteen  hundred  and  six,  and  in  every  fourth 
year  thereafter,  all  the  Senators  and  Representatives  shall  be  elected. 
Wlienever  a  vacancy  shall  occur  in  either  House  the  Governor  shall 
issue  a  writ  of  election  to  fill  such  vacancy  for  the  remainder  of  the 
term. 

47.  Senators  shall  be  at  least  twenty-five  years  of  age,  and  Repre- 
sentatives twenty-one  years  of  age  at  the  time  of  their  election.  They 
shall  have  been  citizens  and  residents  of  this  State  for  three  years, 
and  residents  of  their  respective  counties  or  districts  for  one  j^ear 
next  before  their  election,  if  such  county  or  district  shall  have  been 


188  Alabama— 1901 

so  long  establi55hed ;  but  if  not,  then  of  the  county  or  district  from 
which  the  same  shall  have  been  taken ;  and  they  shall  reside  in  their 
respective  counties  or  districts  during  their  terms  of  office. 

48.  The  I^egislature  shall  meet  quadrennially  at  the  Capitol,  in  the 
Senate  chamber,  and  in  the  Hall  of  the  House  of  Representatives,  on 
the  second  Tuesday  in  January  next  succeeding  their  election,  or  on 
such  other  day  as  may  be  prescribed  by  law ;  and  shall  not  remain  in 
session  longer  than  sixty  days  at  the  first  session  held  under  this  Con- 
stitution, nor  longer  than  fifty  days  at  any  subsequent  session.  If 
at  any  time  it  should  from  any  cause  become  impossible  or  dangerous 
for  the  legislature  to  meet  or  remain  at  the  Capitol  or  for  the  Senate 
to  meet  or  remain  in  the  Senate  Chamber,  or  for  the  Representatives 
to  meet  or  remain  in  the  Hall  of  the  House  of  Representatives,  the 
Governor  may  convene  the  Legislature,  or  remove  it,  after  it  has  con- 
vened, to  some  other  place,  or  may  designate  some  other  place  for 
the  sitting  of  the  respective  Houses,  or  either  of  them,  as  necessity 
may  require. 

49.  The  pay  of  the  members  of  the  Legislature  shall  be  four  dollars 
per  day,  and  ten  cents  per  mile  in  going  to  and  returning  from  the 
seat  of  government,  to  be  computed  by  the  nearest  usual  route 
traveled. 

50.  The  Legislature  shall  consist  of  not  more  than  thirty-five  Sen- 
ators, and  not  more  than  one  hundred  and  five  members  of  the  House 
of  Representatives,  to  be  apportioned  among  the  several  districts  and 
counties  as  prescribed  in  this  Constitution;  provided  that  in  addi- 
tion to  the  above  number  of  Representatives  each  new  county  here- 
after created  shall  be  entitled  to  one  Representative. 

51.  The  Senate,  at  the  l^eginning  of  each  regular  session,  and  at 
such  other  times  as  may  l)e  necessary,  shall  elect  one  of  its  mem- 
bers president  pro  tem  thereof,  to  preside  over  its  deliberations  in 
the  absence  of  the  Lieutenant-Governor;  and  the  House  of  Repre- 
sentatives, at  the  beginning  of  each  regular  session,  and  at  such  other 
times  as  may  be  necessary,  shall  elect  one  of  its  members  as  Speaker: 
and  the  President  of  the  Senate  and  the  Speaker  of  the  House  of 
Representatives  shall  hold  their  offices,  respectively,  until  their  suc- 
cessors are  elected  and  qualified.  In  case  or  the  temporary  disability 
of  either  of  said  presiding  officers,  the  House  to  which  he  belongs 
may  elect  one  of  its  members  to  preside  over  that  House,  and  to  per- 
form all  the  duties  of  such  officer  during  the  continuance  of  his  dis- 
ability; and  such  temporary  officer,  while  performing  duty  as  such, 
shall  receive  the  same  compensation  to  which  the  permanent  officer 
is  entitled  by  law,  and  no  other.  Each  House  shall  choose  its  own 
officers,  and  shall  judge  of  the  election,  returns  and  qualifications  of 
its  members. 

52.  A  majoritv  of  each  House  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  adjourn  from  day  to  day  and  compel 
the  attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties  as  each  House  may  provide. 

53.  Each  House  shall  have  power  to  determine  the  rules  of  its  pro- 
ceedings, and  to  punish  its  members  and  other  persons,  for  contempt 
or  disorderly  lx»havior  in  its  presence;  to  eniorce  obedience  to  its 
processes ;  to  protect  its  members  against  violence  or  offers  of  bribery 


Alabama— 1901  189 

or  corrupt  solicitation;  and,  with  the  concurrence  of  two-thirds  of 
the  House,  to  expel  a  member,  but  not  a  second  time  for  the  same 
offense;  and  the  two  Houses  shall  have  all  the  powers  necessary  for 
the  Legislature  of  a  free  State. 

54.  A  member  of  the  Legislature  expelled  for  corruption  shall  not 
thereafter  be  eligible  to  either  House ;  and  punishment  for  contempt 
or  disorderly  behavior  sliall  not  bar  an  indictment  for  the  same 
offense. 

55.  Each  House  shall  keep  a  Journal  of  its  proceedings,  and  cause 
the  same  to  be  published  immediately  after  its  adjournment,  except- 
ing such  parts  as,  in  its  judgment,  may  require  secrecy ;  and  the  yeas 
and  nays  of  the  members  of  either  House  on  any  question  shall,  at  the 
request  of  one-tenth  of  the  members  present,  be  entered  on  the 
Journal.  Any  member  of  either  House  shall  have  liberty  to  dissent 
from  or  protest  against,  any  act  or  resolution  which  he  may  think 
injurious  to  the  public,  or  to  an  individual,  and  have  the  reason  for 
his  dissent  entered  on  the  Journal. 

56.  Members  of  the  Legislature  shall  in  all  cases,  except  treason, 
felony,  violation  of  their  oath  of  office,  and  breach  of  the  peace,  be 
privileged  from  arrest  during  their  attendance  at  the  session  of  their 
respective  houses,  and  in  going  to  and  returning  from  the  same ;  and 
for  any  speech  or  debate  in  either  House  they  shall  not  be  questioned 
in  any  other  place. 

57.  The  doors  of  each  House  shall  be  opened  except  on  such  occa- 
sions as,  in  the  opinion  of  the  House,  may  require  secrecy;  but  no 
person  shall  be  admitted  to  the  floor  of  either  House  while  the  same  is 
in  session,  except  members  of  the  Legislature,  officers  and  employees 
of  the  two  Houses,  the  Governor  and  his  secretaries,  representatives 
of  the  press  and  other  persons  to  whom  either  House,  by  unanimous 
vote,  may  extend  the  privileges  of  its  floor. 

58.  Neither  House  shall,  without  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which  they 
may  be  sitting,  except  as  otherwise  provided  in  this  Constitution. 

59.  No  Senator  or  Representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  office  of  profit  under 
this  iBtate,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  term,  except  such  offices  as  may 
be  filled  by  election  by  the  people. 

60.  No  person  convicted  of  embezzlement  of  the  public  money, 
bribery,  perjury,  or  other  infamous  crime,  shall  be  eligible  to  the 
Legislature  or  capable  of  holding  any  office  of  trust  or  profit  in  this 
State. 

61.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be  so 
altered  or  amended  on  its  passage  through  either  House  as  to  change 
the  original  purpose. 

62.  No  bill  shall  become  a  law  until  it  shall  have  been  referred  to  a 
standing  committee  of  each  House,  acted  upon  by  such  committee  in 
session,  and  returned  therefrom,  which  facts  shall  affirmatively  ap- 
pear upon  the  Journal  of  each  House. 

63.  Every  bill  shall  be  read  on  three  different  days  in  each  House, 
and  no  bill  shall  become  a  law  unless  on  its  final  passage  it  be  read  at 
length,  and  the  vote  to  be  taken  by  yeas  and  nays,  the  names  of  the 

7251— vol.  1—07 15 


190  Alabama— 1901 

members  voting  for  and  against  the  same  be  entered  uiK)n  the  Journal, 
and  a  majority  of  each  House  be  recorded  thereon  as  voting  in  its 
favor,  except  as  otherwise  provided  in  this  Constitution. 

64.  No  amendment  to  bills  shall  be  adopted  except  by  a  majority 
of  the  House  wherein  the  same  is  offered,  nor  unless  the  amendment, 
with  the  names  of  those  voting  for  and  against  the  same,  shall  be 
entered  at  length  on  the  Journal  of  the  House  in  which  the  same  is 
adopted ;  and  no  amendment  to  bills  by  one  House  shall  be  concurred 
in  by  the  other,  unless  a  vote  be  taken  by  yeas  and  nays,  and  the  names 
of  the  meml^ers  voting  for  and  against  the  same  be  recorded  at  length 
on  the  Journal;  and  no  report  of  a  committee  of  conference  shall  be 
adopted  in  either  House  except  upon  a  vote  taken  by  yeas  and  nays 
and  entered  on  the  Journal  as  herein  provided  for  the  adoption  of 
amendments. 

65.  The  Legislature  shall  have  no  power  to  authorize  lotteries  or 
gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  prohibit  the 
sale  in  this  State  of  lottery  or  gift  enterprise  tickets,  or  tickets  in 
any  scheme  in  the  nature  of  a  lottery;  and  all  acts  or  parts  of  acts 
heretofore  passed  by  the  Legislature  of  this  State,  authorizing  a  lot- 
tery or  lotteries,  and  all  acts  amendatory  thereof,  or  supplemental 
thereto,  are  hereby  avoided. 

66.  The  presiding  officer  of  each  House  shall,  in  the  presence  of  the 
House  over  which  he  presides,  sign  all  bills  and  jomt  resolutions 
passed  by  the  Legislature,  after  the  same  shall  have  been  publicly 
read  at  length  immediately  before  signing,  and  the  fact  of  reading 
and  signing  shall  be  entered  upon  the  Journal ;  but  the  reading  at 
length  may  be  dispensed  with  by  a  two-thirds  vote  of  a  quorum  pres- 
ent, which  fact  shall  also  be  entered  on  the  Journal. 

67.  The  Legislature  shall  prescribe  by  law  the  number,  duties  and 
compensation  of  the  officers  and  employes  of  each  House,  and  no  pay- 
ment shall  be  made  from  the  State  Treasury  or  be  in  any  way  author- 
ized to  any  person  except  to  an  acting  officer  or  employe  elected  or 
appointed  in  pursuance  of  law. 

68.  The  legislature  shall  have  no  power  to  grant,  or  to  authorize  or 
require  any  county  or  municipal  authority  to  grant,  nor  shall  any 
county  or  municipal  authority  have  power  to  grant,  any  extra  -com- 
pensation, fee  or  allowance  to  any  public  officer,  servant  or  employee, 
agent  or  contractor,  after  service  shall  have  been  rendered  or  con- 
tract made;  nor  to  increase  or  decrease  the  fees  and  compensation  of 
such  officers,  during  their  terms  of  office ;  nor  shall  any  officer  of  the 
State  bind  the  State  to  the  payment  of  any  sum  of  money,  but  by 
authority  of  law ;  provided  this  section  shall  not  apply  to  allowances 
made  by  commissioners'  court,  or  boards  of  revenue  to  county  officers 
for  ex-officio  services,  nor  prevent  the  Legislature  from  increasing  or 
diminishing  at  any  time  the  allowance  to  sheriffs  or  other  officers  for 
feeding,  transferring  or  guarding  prisoners. 

69.  All  stationery,  printing,  paper  and  fuel  used  in  the  legislative 
and  other  departments  of  government,  shall  be  furnished,  and  the 
printing,  binding  and  distribution  of  laws.  Journals,  department 
reports  and  all  other  printing,  binding  and  repairing,  and  furnishing 
the  halls  and  rooms  used  for  the  meeting  of  the  Legislature  and  its 
committees,  shall  be  performed,  under  contract,  to  be  given  to  the 
lowest  responsible  bidder  below  a  maximum  price,  and  under  such 


Alabama— 1901  191 

regulations  as  shall  be  prescribed  by  law ;  no  member  or  officer  of  any 
department  of  the  government  shall  be  in  any  way  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the  approval  of 
the  Governor,  Auditor,  and  Treasurer. 

70.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives.  The  Governor,  Auditor  and  Attorney  General  shall, 
before  each  regular  session  of  the  Legislature,  prepare  a  general 
revenue  bill,  to  be  submitted  to  the  Legislature  for  its  information, 
and  the  Secretary  of  State  shall  have  printed  for  the  use  of  the  Leg- 
islature a  sufficient  number  of  copies  of  the  bill  so  prepared,  which 
the  Governor  shall  transmit  to  the  House  of  Representatives  as  soon 
as  organized  to  be  used  or  dealt  with  as  that  House  may  elect.  The 
Senate  may  propose  amendments  to  revenue  bills.  No  revenue  bill 
shall  be  passed  during  the  last  five  days  of  the  session. 

71.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  Executive,  Legisla- 
tive and  Judicial  departments  of  the  State,  for  interest  on  the  public 
debt,  and  for  the  public  schools.  The  salary  of  no  officer  or  employe 
shall  be  increased  in  such  bill,  nor  shall  any  appropriation  be  made 
therein  for  any  officer  or  employe,  unless  his  employment  and  the 
amount  of  his  salary  have  already  been  provided  for  by  law.  All 
other  appropriations  shall  be  made  by  separate  bills,  each  embracing 
but  one  subject. 

72.  No  money  shall  be  paid  out  of  the  Treasury  except  upon  appro- 
priations made  by  law,  and  on  warrants  drawn  by  the  proper  officer 
in  pursuance  thereof ;  and  a  regular  statement  and  account  of  receipts 
and  expenditures  of  all  public  moneys  shall  be  published  annually, 
in  such  manner  as  may  be  by  law  directed. 

73.  No  api^ropriation  shall  be  made  to  any  charitable  or  educa- 
tional institution  not  under  the  absolute  control  of  the  State,  other 
than  normal  schools  established  by  law  for  the  professional  training 
of  teachers  for  the  public  schools  of  the  State,  except  by  a  vote  of 
two-thirds  of  all  the  members  elected  to  each  House. 

74.  No  act  of  the  Legislature  shall  authorize  the  investment  of 
any  trust  funds  by  executors,  administrators,  guardians  or  other  trus- 
tees in  the  bonds  or  stocks  of  any  private  corporation;  and  any 
such  acts  now  existing  are  avoided,  saving  investments  heretofore 
made. 

75.  The  power  to  change  the  venue  in  civil  and  criminal  causes  is 
vested  in  the  courts,  to  be  exercised  in  such  manner  as  shall  be  pro- 
vided by  law. 

76.  When  the  Legislature  shall  be  convened  in  special  session,  there 
shall  be  no  legislation  upon  subjects  other  than  those  designated  in 
the  proclamation  of  the  Governor  calling  such  session,  except  by 
a  vote  of  two-thirds  of  each  House.  Special  sessions  shall  be  limited 
to  thirty  days. 

77.  No  State  office  shall  be  continued  or  created  for  the  inspection 
or  measuring  of  any  merchandise,  manufacture  or  commodity;  but 
any  county  or  municipality  may  appoint  such  officers  when  authorized 
by  law. 

78.  No  act  of  the  Legislature  changing  the  seat  of  government  of 
the  State  shall  become  a  law  until  the  same  shall  have  been  sub- 
mitted to  the  qualified  electors  of  the  State,  at  a  general  election,  and 


192  Alabama— 1901 

approved  by  a  majority  of  such  electors  voting  on  the  same;  and 
such  act  shall  specif v  the  proposed  new  location. 

79.  A  member  of  the  I-.egislature  wiio  shall  solicit,  demand  or 
receive  or  consent  to  receive,  directly  or  indirectly,  for  himself  or 
for  another,  from  any  company,  corporation,  association  or  person, 
any  money,  office,  appointment,  employment,  reward,  thinj;  of  value 
or  enjoyment,  or  of  personal  advantage,  or  promise  thereof,  for  his 
vote  or  official  influence,  or  for  withholdin^j:  the  same;  or  with  an 
understanding,  expressed  or  implied,  that  his  vote,  or  official  action, 
shall  be  in  any  way  influenced  thereby;  or  who  shall  solicit  or  demand 
any  such  money  or  other  advantage,  matter  or  thing  aforesaid,  for 
another  as  the  consideration  for  his  vote,  or  influence,  or  for  with- 
holding the  same;  or  shall  give  or  withhold  his  vote  or  influence, 
in  consideration  of  the  payment  or  promise  of  such  money,  advantage, 
matter  or  thin^  to  another,  shall  be  guilty  of  bribery  within  the 
meaning  of  this  Constitution,  and  shall  incur  the  disabilities  and 
penalties  provided  thereby  for  such  offense,  and  such  additional 
punishment  as  is  or  shall  l)e  provided  by  law, 

80.  Any  person  who  shall,  directly  or  indirectly,  offer,  give  or 
promise  any  money,  or  thing  of  value,  testimonial,  privilege  or  per- 
sonal advantage,  to  any  executive  or  judicial  officer  or  memlx»r  of  the 
Legislature,  to  influence  him  in  the  performance  of  any  of  his  public 
or  official  duties,  shall  be  guilty  of  bribery,  and  l>e  punished  in  such 
manner  as  may  be  provided  by  law. 

81.  The  offense  of  corrupt  solicitation  of  members  of  the  Legisla- 
ture, or  of  public  officers  of  this  State,  or  of  any  municipal  division 
thereof,  ana  any  occupation  or  practice  of  solicitation  of  such  mem- 
bers or  officers,  to  influence  their  official  action,  shall  be  defined  by 
law,  and  shall  be  punished  by  fine  and  imprisonment  in  the  peni- 
tentiary ;  and  the  Legislature  shall  provide  for  the  trial  and  punish- 
ment of  the  offenses  enumerated  in  the  two  preceding  sections,  and 
shall  require  the  judges  to  give  the  same  specially  in  charge  to  the 
grand  juries  in  all  the  counties  of  this  State. 

82.  A  member  of  the  Legislature  who  has  a  personal  or  private 
interest  in  any  measure  or  bill  proposed  or  pending  before  the  legis- 
lature, shall  disclose  the  fact  to  the  House  of  which  he  is  a  member, 
and  shall  not  vote  thereon. 

83.  In  all  elections  bv  the  Legislature  the  members  shall  vote  viva 
voce,  and  the  votes  shall  be  entered  on  the  Journal. 

84.  It  shall  be  the  duty  of  the  Legislature  to  pass  such  laws  as  may 
be  necessary  and  proper  to  decide  differences  by  arbitrators  to  be 
appointed  by  the  parties  who  may  choose  that  mode  of  adjustment. 

85.  It  shall  l>e  the  duty  of  the'Legislature,  at  its  first  session  after 
the  ratification  of  this  Constitution,  and  within  every  subsequent 

Seriod   of   twelve   years,  to  make   provision   by   law   for   revising, 
igesting  and  promulgating  the  public  statutes  of  this  State  of  a  gen- 
eral nature,  lx)th  civil  and  criminal. 

86.  The  legislature  shall  pass  such  penal  laws  as  it  may  deem 
expedient  to  suppress  the  evil  practice  of  dueling. 

87.  It  shall  be  the  duty  of  the  legislature  to  regulate  by  law  the 
cases  in  which  deduction  shall  be  made  from  the  salaries  or  compensa- 
tion of  public  officers  for  neglect  of  duty  in  their  official  capacities, 
and  the  amount  of  such  deduction. 


Alabama — 1901  193 

88.  It  shall  be  the  duty  of  the  Le^nslature  to  require  the  several 
counties  of  this  State  to  make  adequate  provision  for  maintenance  of 
the  poor. 

89.  The  Legislature  shall  not  have  power  to  authorize  any  muni- 
cipal corporation  to  pass  any  laws  inconsistent  with  the  general  laws 
or  this  State. 

90.  In  the  event  of  the  annexation  of  any  foreign  territory  to  this 
State,  the  Legislature  shall  enact  laws  extending  to  the  inhabitants 
of  the  acquired  territory  all  the  rights  and  privileges  which  may  be 
required  by  the  terms  of  acquisition  not  inconsistent  with  this  Con- 
stitution. Should  the  State  purchase  such  foreign  territory,  the  leg- 
islature, with  the  approval  of  the  Governor,  shall  be  authorized  to 
expend  any  money  in  the  Treasury  not  otherwise  appropriated,  and, 
if  necessary,  to  provide  also  for  the  issuance  of  State  bonds,  to  pay 
for  the  purchase  of  such  foreign  territory. 

91.  The  Legislature  shall  not  tax  the  property,  real  or  personal,  of 
the  State,  counties  or  other  municipal  corporations,  or  cemeteries; 
nor  lots  in  incorporated  cities  or  towns,  or  within  one  mile  of  any 
city  or  town  to  the  extent  of  one  acre ;  nor  lots  one  mile  or  more  dis- 
tant from  such  cities  or  towns,  to  the  extent  of  five  acres,  with  the 
buildings  thereon,  when  same  are  used  exclusively  for  religious 
worship,  for  schools,  or  for  purposes  purely  charitable. 

92.  The  Legislature  shall  by  law  prescribe  such  rules  and  regula- 
tions as  may  be  necessary  to  ascertain  the  value  of  real  and  personal 
property  exempted  from  sale  under  legal  process  by  this  Constitu- 
tion, and  to  secure  the  same  to  the  claimant  thereof  as  selected. 

93.  The  State  shall  not  engage  in  works  of  internal  improvement, 
nor  lend  money  or  its  credit  in  aid  of  such;  nor  shall  the  State  be 
interested  in  any  private  or  corporate  enterprise,  or  lend  money  or  its 
credit  to  any  individual,  association  or  corporation. 

94.  The  Legislature  shall  not  have  power  to  authorize  any  county, 
city,  town,  or  other  subdivision  of  this  State  to  lend  its  credit,  or  to 
grant  public  money  or  thing  of  value  in  aid  of,  or  to,,  any  individual, 
association  or  corporation  whatsoever,  or  to  become  a  stockholder  in 
any  such  corporation,  association  or  company,  by  issuing  bonds  or 
otherwise. 

95.  There  can  be  no  law  of  this  State  impairing  the  obligation  of 
contracts  by  destroying  or  impairing  the  remedy  for  their  enforce- 
ment; and  the  Legislature  shall  have  no  power  to  revive  any  right 
or  remedy  wiiich  may  have  become  barred  by  lapse  of  time,  or  by  any 
statute  of  this  State.  After  suit  has  been  commenced  on  any  cause 
of  action,  the  Legislature  shall  have  no  poAver  to  take  away  such  cause 
of  action,  or  destroy  any  existing  defense  to  such  suit. 

96.  The  Legislature  shall  not  enact  any  law  not  applicable  to  all 
the  counties  in  the  State,  regulating  costs  and  charges  of  courts,  or 
fees,  commissions  or  allowances  of  public  officers. 

97.  The  Legislature  shall  not  authorize  payment  to  any  person  of 
the  salary  of  a  deceased  officer  beyond  the  date  of  his  death. 

98.  The  Legislature  shall  not  retire  any  officer  on  pay,  or  part  pay, 
or  make  any  grant  to  such  retiring  officer. 

99.  Lands  belonging  to  or  under  the  control  of  the  State  shall  never 
be  donated  directly  or  indirectly  to  private  corporations,  associations, 
or  individuals,  or  railroad  companies;  nor  shall  such  lands  be  sold  to 


194  Alabama— 1.901 

corporations  or  associations  for  a  less  i)rici>  than  that  for  which  they 
are  subject  to  sale  to  individuals;  i^)rovided,  that  nothing  contained 
in  this  .section  shall  prevent  the  Legislature  from  granting  a  right  of 
way,  not  exceeding  one  hundred  and  twenty-five  feet  in  width,  as  a 
mere  easement,  for  railroads  or  telegraph  or  telephone  lines  across 
State  lands,  and  the  Legislature  shall  never  dispose  of  the  land  cov- 
ered by  such  right  of  way  except  snbject  to  such  easement. 

100.  Xo  obligation  or  liability  of  any  person,  association  or  corjx)- 
ration  held  or  owned  by  this  State,  or  by  any  county  or  other  nninici- 
l)ality  thereof,  shall  ever  be  remitted,  released  or  postponed,  or  in  any 
way  diminished,  by  the  Legislature;  nor  shall  such  liability  or  obliga- 
tion be  extinguished  except  by  payment  thereof;  nor  shall  such  liabil- 
ity or  obligation  be  exchanged  or  transferred  except  upon  payment  of 
its  face  value;  provided,  that  this  section  shall  not  prevent  the  legis- 
lature from  providing  by  general  law  for  the  compromise  of  doubtfid 
claims. 

101.  No  State  or  county  official  shall,  at  any  time  during  his  term 
of  office,  accept  either  directly  or  indirectly  any  fee,  money,  office, 
apjK)intment,  employment,  reward  or  thing  of  value,  or  of  personal 
advantage,  or  the  promise  thereof,  to  lobby  for  or  against  any  meas- 
ure pending  liefore  the  Legislature,  or  to  give  or  withhold  his  influ- 
ence to  secure  the  passage  or  defeat  of  any  such  measure. 

102.  The  Legislature  shall  never  pass  any  law  to  authorize  or 
legalize  any  marriage  between  any  white  person  and  a  negro,  or  a 
descendant  of  a  negro. 

103.  The  Legislature  shall  provide  by  law  for  the  regulation,  pro- 
hibition or  reasonable  restraint  of  common  carriers,  partnerships, 
associations,  trusts,  monopolies,  and  combinations  of  capital,  so  as  to 
prevent  them  or  any  of  them  from  making  scarce  articles  of  necessity, 
trade  or  commerce,  or  from  increasing  unreasonably  the  cost  thereof 
to  the  consumer,  or  preventing  reasonable  com|)etition  in  any  calling, 
trade  or  business. 

LOCAL   LEGISLATION 

104.  The  Legislature  shall  not  pass  a  special,  private  or  local  law 
in  any  of  the  following  cases : 

(1)  Granting  a  divorce; 

(2)  Relieving  any  minor  of  the  disabilities  of  non-age; 

(3)  Changing  the  name  of  any  corporation,  association,  or 
individual ; 

(4)  Providing  for  the  adopting  or  legitimizing  of  any  child: 

(5)  Incorporating  a  city,  town  or  village; 

(6)  Granting  a  charter  to  any  corporation,  association,  or 
individual; 

(7)  Establishing  rules  of  descent  or  distribution; 

(8)  Regulating  the  time  within  which  a  civil  or  criminal  action 
may  be  begiui ; 

(9)  Exempting  any  individual,  private  corporation  or  association 
from  the  operation  of  any  general  law; 

(10)  Providing  for  the  sale  of  the  property  of  nuy  individual  or 
e^state ; 

(11)  Changing  or  locating  a  county  seat; 


Alabama— 1901  195 

(12)  Providing  for  a  cliange  of  venue  in  any  case; 

(13)  Regulating  the  rate  of  interest; 

(14)  Fixing  the  punishment  of  crime; 

(15)  Regulating  either  the  assessment  or  collection  of  taxes,  except 
in  connection  with  the  readjustment,  renewal,  or  extension  of  exist- 
ing municipal  indebtedness  created  prior  to  the  ratification  of  the 
Constitution  of  eighteen  hundred  and  seventy-five; 

(16)  Giving  effect  to  an  invalid  will,  deed  or  other  instrument; 

(17)  Authorizing  any  county,  city,  town,  village,  district  or  other 
political  subdivision  of  a  county,  to  issue  bonds  or  other  securities 
unless  the  issuance  of  said  bonds  or  other  securities  shall  have  been 
authorized  before  the  enactment  of  such  local  or  special  law,  by  a 
vote  of  the  duly  qualified  electors  of  such  county,  township,  cit3% 
town,  village,  district  or  other  political  subdivision  of  a  county,  at  an 
election  held  for  such  purpose,  in  the  manner  that  may  be  prescribed 
by  law;  provided,  the  Legislature  may  without  such  election,  pass 
special  laws  to  refund  bonds  issued  before  the  date  of  the  ratification 
of  this  Constitution ; 

(18)  Amending,  confirming  or  extending  the  charter  of  any  pri- 
vate municipal  corporation,  or  remitting  the  forfeiture  thereof; 
provided,  this  shall  not  prohibit  the  Legislature  from  altering  or 
re-arranging  the  boundaries  of  any  city,  town  or  village ; 

(19)  Creating,  extending  or  impairing  any  lien; 

(20)  Chartering  or  licensing  any  ferry,  road  or  bridge; 

(21)  Increasing  the  jurisdiction  and  fees  of  justices  of  the  peace, 
or  the  fees  of  constables ; 

(22)  Establishing  separate  school  districts; 

(23)  Establishing  separate  stock  districts; 

(24)  Creating,  increasing  or  decreasing  fees,  percentages  or  allow- 
ances of  pubUc  officers; 

(25)  Exempting  property  from  taxation  or  from  levy  or  sale; 

(26)  Exempting  any  person  from  jury,  road  or  other  civil  duty; 

(27)  Donating  any  lands  owned  by  or  under  control  of  the  State 
to  any  person  or  corporation ; 

(28)  Remitting  fines,  penalties  or  forfeitures; 

(29)  Providing  for  the  conduct  of  elections  or  designating  places 
of  voting,  or  changing  the  boundaries  of  wards,  precincts  or  districts, 
except  in  the  event  of  the  organization  of  new  counties,  or  the  chang- 
ing of  the  lines  of  old  counties ; 

(30)  Restoring  the  right  to  vote  to  persons  convicted  of  infamous 
crimes,  or  crimes  involving  moral  turpitude ; 

(31)  Declaring  who  shall  be  liners  between  precincts  or  between 
counties. 

104.  The  Legislature  shall  pass  general  laws  for  the  cases  enumer- 
ated in  this  section,  provided  that  nothing  in  this  section  or  article 
shall  affect  the  right  of  the  Legislature  to  enact  local  laws  regulating 
or  prohibiting  the  liquor  traffic;  but  no  such  local  law  shall  be 
enacted  unless  notice  shall  have  been  given  as  required  in  Section  106 
of  this  Constitution. 

105.  No  special,  private  or  local  law,  except  a  law  fixing  the  time 
of  holding  courts,  shall  be  enacted  in  any  case  which  is  provided  for 
by  a  general  law,  or  when  the  relief  sought  can  be  given  by  any 


196  Alabama— 1901 

court  of  this  State;  and  the  courts  and  not  the  Lecislature,  shall 
judge  as  to  whether  the  matter  of  said  law  is  provided  for  by  a  gen- 
eral law,  and  as  to  whether  the  relief  sought  can  be  given  by  any 
court;  nor  shall  the  legislature  indirectly  enact  any  such  special, 
private  or  local  law  by  the  partial  repeal  of  a  general  law. 

106.  No  special,  private  or  local  law  shall  be  passed  on  any  sub- 
ject not  enumerated  in  Section  104  of  this  Constitution,  except  in 
reference  to  fixing  the  time  of  holding  courts,  unless  notice  of  the 
intention  to  apply  therefor  shall  have  been  published,  without  cost 
to  the  State,  in  the  county  or  counties  where  the  matter  or  thing  to  be 
affected  may  be  situated,  which  notice  shall  state  the  substance  of  the 
proposed  law  and  be  published  at  least  once  a  week  for  four  consecu- 
tive weeks  in  some  newspaper  published  in  such  county  or  counties, 
or  if  there  is  no  newspaper  published  therein,  then  by  posting  the 
said  notice  for  four  consecutive  weeks  at  five  different  places  in  the 
county  or  counties  prior  to  the  introduction  of  the  bill;  and  proof 
by  affidavit  that  said  notice  has  been  given  shall  be  exhibited  to  each 
House  of  the  Legislature,  and  said  proof  spread  upon  the  Journal. 
The  courts  shall  pronounce  void  every  special,  private  or  local  law 
which  the  Journals  do  not  affirmatively  show  was  passed  in  accord- 
ance with  the  provisions  of  this  section. 

107.  The  Legislature  shall  not,  by  special,  private  or  local  law, 
repeal  or  modify  any  special,  private  or  local  law  except  upon  notice 
being  given  and  shown  as  provided  in  the  last  preceding  section. 

108.  The  operation  of  a  general  law^  shall  not  be  suspended  for  the 
benefit  of  any  individual,  private  corporation  or  association;  nor 
shall  any  individual,  private  corporation  or  association  be. exempted 
from  the  operation  of  any  general  law  except  as  in  this  article  other- 
wise provided. 

109.  The  Legislature  shall  pass  general  laws  under  which  local  and 
private  interests  shall  be  provided  for  and  protected. 

110.  A  general  law  within  the  meaning  of  this  article  is  a  law 
which  apples  to  the  whole  State;  a  local  law  is  a  law  which  applies 
to  any  political  subdivision  or  subdivisions  of  the  State  less  than  the 
whole ;  a  special  or  private  law  within  the  meaning  of  this  article  is 
one  which  applies  to  an  individual,  association  or  corporation. 

111.  No  bill  introduced  as  a  general  law  in  either  House  of  the 
Legislature  shall  be  so  amended  on  its  passage  as  to  become  a  special, 
private  or  local  law. 

Article  V 

EXECUTIVE   DEPARTMENT 

112.  The  Executive  department  shall  consist  of  a  Governor,  Lieu- 
tenant-Governor, Attorney  General,  State  Auditor,  Secretary  of 
State,  State  Treasurer,  Superintendent  of  Education,  Commissioner 
of  Agriculture  and  Industries,  and  a  Sheriff  for  each  county. 

113.  The  supreme  executive  power  of  this  State  shall  be  vested  in 
a  chief  magistrate,  who  shall  be  styled  "  The  Governor  of  the  State 
of  Alabama." 

114.  The  Governor,  Lieutenant-Governor,  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superintendent  of  Edu- 
cation and  Commissioner  of  Agriculture  and  Industries,  shall  be 


Alabama— 1901  197 

elected  by  the  qualified  electors  of  the  State  at  the  same  time  and 
places  appointed  for  the  election  of  members  of  the  Legislature  in 
the  year  nineteen  hundred  and  two,  and  in  every  fourth  year  there- 
after. 

115.  The  returns  of  every  election  for  Governor,  Lieutenant-Gov- 
ernor, Attorney  General,  State  Auditor,  Secretary  of  State,  State 
Treasurer,  Superintendent  of  Education  and  Commissioner  of  Agri- 
culture and  Industries  shall  be  sealed  up  and  transmitted  by  the 
returning  officers  to  the  seat  of  government,  directed  to  the  Speaker 
of  the  House  of  Representatives,  who  shall,  during  the  first  week  of 
the  session  to  which  such  returns  shall  be  made,  open  and  publish 
them  in  the  presence  of  both  Houses  of  the  Legislature  in  joint  con- 
vention ;  but  the  Speaker's  duty  and  the  duty  of  the  joint  convention 
shall  be  purely  ministerial.  The  result  of  the  election  shall  be  ascer- 
tained and  declared  by  the  Speaker  from  the  face  of  the  returns 
without  delay.  The  person  having  the  highest  number  of  votes  for 
any  one  of  said  offices  shall  be  declared  duly  elected;  but  if  two  or 
more  persons  shall  have  an  equal  and  the  highest  number  of  votes  for 
the  same  office,  the  Legislature  by  joint  vote,  without  delay,  shall 
choose  one  of  said  persons  for  said  office.  Contested  elections  for 
Governor,  Lieutenant-Governor,  Attorney  General,  State  Auditor, 
Secretary  of  State,  State  Treasurer,  Superintendent  of  Education 
and  Commissioner  of  Agriculture  and  Industries  shall  be  determined 
by  both  Houses  of  the  Legislature  in  such  manner  as  may  be  pre- 
scribed by  law. 

116.  The  Governor,  Lieutenant-Governor,  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superintendent  of  Edu- 
cation and  Commissioner  of  Agriculture  and  Industries,  elected  after 
the  ratification  of  this  Constitution,  shall  hold  their  respective  offices 
for  the  term  of  four  years  from  the  first  Monday  after  the  second 
Tuesday  in  January  next  succeeding  their  election,  and  until  their 
successors  shall  be  elected  and  qualified.  After  the  first  election 
under  this  Constitution  no  one  of  said  officers  shall  be  eligible  as 
his  own  successor;  and  the  Governor  shall  not  be  eligible  to  election 
or  appointment  to  any  office  under  this  State,  or  to  the  Senate  of  the 
United  States  during  his  term,  and  within  one  year  after  the  expira- 
tion thereof. 

117.  The  Governor  and  Lieutenant-Governor  shall  each  be  at 
least  thirty  years  of  age  when  elected,  and  shall  have  been  citizens  of 
the  United  States  ten  years  and  resident  citizens  of  this  State  at  least 
seven  years  next  before  the  date  of  their  election.  The  Lieutenant- 
Governor  shall  be  ex-officio  President  of  the  Senate,  but  shall  have  no 
right  to  vote  except  in  the  event  of  a  tie. 

118.  The  Governor,  Lieutenant-Governor,  Attorney-General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superintendent  of  Edu- 
cation and  Commissioner  of  Agriculture  and  Industries  shall  receive 
compensation  to  be  fixed  by  law,  which  shall  not  be  increased  or 
diminished  during  the  term  for  which  they  shall  have  been  elected, 
and  shall,  except  the  Lieutenant-Governor,  reside  at  the  State  Capital 
during  the  time  they  continue  in  office,  except  during  epidemics.  The 
compensation  of  the  Lieutenant-Governor  shall  be  the  same  as  that 
received  by  the  Speaker  of  the  House,  except  while  serving  as  Gov- 
ernor, during  which  time  his  compensation  shall  be  the  same  as  that 
allowed  the  Governor. 


198  Alahatna— 1,001 

110.  If  the  Ijegislature,  at  the  session  next  after  the  ratification 
of  this  Constitution,  shall  enact  a  law  increasin«r  the  salary  of  the 
Governor,  such  increase  shall  Ix'conie  etfective  and  apply  to  the  first 
Governor  elected  after  the  ratification  of  this  Constitution,  if  the 
Legislature  shall  so  determine. 

120.  The  Governor  shall  take  care  that  the  laws  be  'faithfully 
executed. 

1'21.  The  Governor  may  require  information  in  writing,  under 
oath,  from  the  officers  of  the  executive  department,  named  in  this 
article,  or  created  by  statute,  on  any  subject  relating  to  the  duties  of 
their  respective  offices;  and  he  may  at  any  time  require  information  in 
writing,  under  oath,  from  all  officers  and  managers  of  State  institu- 
tions, upon  any  subject  relating  to  the  condition,  management  and 
expenses  of  their  respective  offices  and  institutions.  Any  such  officer 
or  manager  who  makes  a  wilfully  false  report  or  fails  without  suffi- 
cient excuse  to  make  the  required  report  on  demand,  is  guilty  of  an 
impeachable  oflfense. 

122.  The  Governor  may,  by  proclamation,  on  extraordinary  occa- 
sions, convene  the  legislature  at  the  seat  of  government,  or  at  a  dif- 
ferent place  if,  since  their  last  adjournment,  that  shall  have  become 
dangerous  from  an  enemy,  insurrection,  or  other  lawless  outbreak,  or 
from  any  infectious  or  contagious  disease;  and  he  shall  state  spe- 
cifically m  such  ploclamation  each  matter  concerning  which  the  action 
of  that  body  is  deemed  necessary. 

123.  The  Governor  shall,  from  time  to  time,  give  the  Legisla- 
ture information  of  the  state  of  the  government,  and  recommend  for 
its  consideration  such  measures  as  he  may  deem  expedient;  and  at 
the  commencement  of  each  regular  session  of  the  I^egislature,  and  at 
the  close  of  his  term  of  office,  he  shall  give  information  by  written 
message  of  the  condition  of  the  State;  and  he  shall  account  to  the 
Ix^gislature,  as  may  be  prescribed  by  law,  for  all  moneys  received  and 
paid  out  by  him  or  by  his  order;  and  at  the  commencement  of  each 
regular  session  he  shall  present  to  the  Legislature  estimates  of  the 
amount  of  money  required  to  be  raised  by  taxation  for  all  purposes. 

124.  The  Governor  shall  have  power  to  remit  fines  and  forfeitures 
under  such  rules  and  regulations  as  may  be  prescribed  by  law;  and, 
after  conviction,  to  grant  reprieves,  paroles,  commutations  of  sentence 
and  pardons,  except  in  cases  of  impeachment.  The  Attorney  Gen- 
eral, Secretary  of  State,  and  State  Auditor  shall  constitute  a  Board 
of  Pardons,  who  shall  meet  on  the  call  of  the  Governor,  and  before 
whom  shall  be  laid  all  recommendations  or  petitions,  for  pardon, 
commutation  or  parole,  in  cases  of  felonj;  and  the  board  shall  hear 
them  in  open  session,  and  give  their  opinion  thereon  in  writing  to  the 
Governor,  after  which  or  on  the  failure  of  the  board  to  advise  for 
more  than  sixty  days,  the  Governor  may  grant  or  refuse  the  commuta- 
tion, parole  or  pardon,  as  to  him  seems  best  for  the  public  interest. 
He  shall  communicate  to  the  Legislature  at  each  session  every  remis- 
sion of  fines  and  forfeitures,  and  every  reprieve,  commutation,  parole 
or  pardon,  with  his  reasons  therefor,  in  the  opinions  of  the  Board  of 
Pardons  in  each  case  required  to  be  referred,  stating  the  name  and 
crime  of  the  convict,  the  sentence,  its  date,  and  the  date  of  reprieve, 
commutation,  parole  or  pardon.  Pardons  in  cases  of  felony  and 
other  offenses  involving  moral  turpitude  shall  not  relieve  from  civil 


Alahnmn-  1001  199 

and  political  disabilities,  iinii'ss  approved  by  the  Board  of  Pardons 
and  specifically  expressed  in  the  pardon. 

125.  Every  bill  which  shall  have  passed  both  Houses  of  the  Legis- 
lature, except  as  otherwise  provided  in  this  Constitution,  shall  be 
presented  to  the  Governor;  if  he  approve,  he  shall  sign  it;  but  if  not, 
lie  shall  return  it  with  his  objections  to  the  House  in  which  it  origi- 
nated, which  shall  shall  enter  the  objections  at  large  upon  the  Jour- 
nal and  proceed  to  reconsider  it.  If  the  Governor's  message  proposes 
no  amendment  which  woidd  remove  his  objections  to  the  bill,  the 
House  in  which  the  bill  originated  may  proceed  to  reconsider,  and  if 
a  majority  of  the  whole  number  elected  to  that  House  vote  for  the 
passage  of  the  bill,  it  shall  be  sent  to  the  other  House,  which  shall  in 
like  manner  reconsider,  and  if  a  majority  of  the  whole  number  elected 
to  that  House  vote  for  the  passage  of  the  bill,  the  same  shall  become 
a  law,  notwithstanding  the  Governor's  veto.  If  the  (lovernor's  mes- 
sage proposes  ainendment,  which  would  remove  his  objections,  the 
House  to  which  it  is  sent  may  so  amend  the  bill  and  send  it  with  the 
Governor's- message  to  the  other  House,  which  may  adopt  but  cannot 
amend,  said  amendment;  and  both  Houses  concurring  in  the  amend- 
ment, the  bill  shall  again  be  sent  to  the  Governor  and  acted  on  by  him 
as  other  bills.  If  the  House  to  which  the  bill  is  returned  refuses  to 
make  such  amendment,  it  shall  proceed  to  reconsider;  and  if  a 
majority  of  the  whole  number  elected  to  that  House  shall  vote  for 
the  passage  of  the  bill,  it  shall  be  sent  with  the  objections  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
a  majority  of  the  whole  number  elected  to  that  House,  it  shall  become 
a  law.  If  the  House  to  which  the  bill  is  returned  makes  the  amend- 
ment and  the  other  House  declines  to  pass  the  same,  that  House  shall 
proceed  to  reconsider,  as  though  the  bill  had  originated  therein,  and 
such  proceedings  shall  be  taken  thereon  as  above  provided.  In  every 
such  case  the  vote  of  both  Houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  members  voting  for  or  against  the  bill 
shall  be  entered  upon  the  Journals  of  each  House  respectivel3\  If 
any  bill  shall  not  be  returned  by  the  Governor  within  six  days,  Sun- 
da3^s  excepted,  after  it  shall  have  been  presented,  the  same  shall 
become  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  Legis- 
lature, by  its  adjournment,  prevent  the  return,  in  which  case  it  shall 
not  be  a  law;  but  when  return  is  prevented  by  recess,  such  bill 
must  be  returned  to  the  House  in  which  it  originated  within  two  days 
after  the  reassembling,  otherwise  it  shall  become  a  law,  but  bills 
presented  to  the  Governor  Avithin  five  days  before  the  final  adjourn- 
ment of  the  Legislature  may  be  approved  by  the  Governor  at  any 
time  within  ten  days  after  such  adjournment,  and  if  approved  and 
deposited  with  the  Secretary  of  State  Avithin  that  time  shall  become 
law.  Every  vote,  order,  or  resolution  to  which  concurrence  of  both 
Houses  may  be  necessary,  except  on  questions  of  adjournment  and 
the  bringing  on  of  elections  by  the  two  Houses,  and  amending  this 
Constitution,  shall  be  presented  to  the  Governor;  and,  before  the 
same  shall  take  etfect,  be  approved  by  him;  or,  being  disapproved, 
shall  be  repassed  by  both  Houses  according  to  the  rules  and  limita- 
tions prescribed  in  the  case  of  a  bill. 

126.  The  Governor  shall  have  power  to  approve  or  disapprove 
any  item  or  items  of  any  appropriation  bill  embracing  distinct  items, 


200  Alabama—WOl 

and  the  part  or  parts  of  the  bill  approved  shall  he  the  law,  and  the 
item  or  items  disapproved  shall  Ix'  void,  unless  repassed  according  to 
the  rules  and  limitations  prescribed  for  the  passage  of  bills  over  the 
executive  veto;  and  he  shall  in  writing  state  specifically  the  item  or 
items  he  disapproves,  setting  the  same  out  in  full  in  his  message, 
but  in  such  case  the  enrolled  bill  shall  not  be  returned  with  the  Gov- 
ernor's objection. 

127.  In  case  of  the  (Governor's  removal  from  office,  death  or  resigna- 
tion, the  Lieutenant-Governor  shall  l)ecome  (lovernor.  If  both  the 
Governor  and  Lieutenant-Governor  be  removed  from  office,  die,  or 
resign  more  than  si.xty  days  prior  to  the  next  general  election  at  which 
any  State  officers  are  to  be  elected,  a  (lOvernor  and  Lieutenant-Ciov- 
ernor  shall  be  elected  at  such  election  for  the  unexpired  term,  and  in 
the  event  of  a  vacancy  in  the  office,  caused  by  the  removal  from  office, 
death  or  resignation  of  the  Governor  and  Lieutenant-Ciovernor,  pend- 
ing such  vacancy,  and  until  their  successors  shall  be  elected  and 
qualified,  the  office  of  Governor  shall  be  held  and  administered  by 
either  the  President  pro  tem  of  the  Senate,  Speaker  of  the  House  of 
Representatives,  Attorney  General,  State  Auditor,  Secretary  of  State, 
or  State  Treasurer  in  the  order  herein  named.  In  case  of  the  im- 
peachment of  the  Governor,  his  absence  from  the  State  for  more  than 
twenty  days,  unsoundness  of  mind,  or  other  disability,  the  power 
and  authority  of  the  office  shall,  until  the  (iovernor  is  acquitted, 
return  to  the  State,  or  is  restored  to  his  mind,  or  relieved  from  other 
disability,  devolve  in  the  order  herein  named  upon  the  Lieutenant- 
Governor,  President  pro  tem  of  the  Senate,  Speaker  of  the  House  of 
Representatives,  Attornev  General,  State  Auditor,  Secretary  of  State 
and  State  Treasurer.  l/any  of  these  officers  be  under  any  of  the  dis- 
abilities herein  specified,  the  office  of  Governor  shall  be  administered 
in  the  order  named  by  such  of  these  officers  as  may  \ye  free  from  such 
disabilitv.  If  the  Governor  shall  be  absent  from  the  State  over 
twenty  days,  the  Secretary  of  State  shall  notify  the  Lieutenant-Gov- 
ernor, who  shall  enter  upon  the  duties  of  Governor ;  if  both  the  Gov- 
ernor and  Lieutenant-Governor  shall  be  absent  from  the  State  over 
twenty  days,  the  Secretary  of  State  shall  notify  the  President  pro 
tem  of  the  Senate,  who  shall  enter  upon  the  duties  of  Governor,  and 
so  on,  in  case  of  such  absence,  he  shall  notify  each  of  the  other  officers 
named  in  their  order,  who  shall  discharge  the  duties  of  the  office 
until  the  Governor  or  other  officer  entitled  to  administer  the  office 
in  succession  to  the  Governor  returns.  If  the  Governor-elect  fails  or 
refuses  from  any  cause  to  qualif}',  the  Lieutenant-Governor-elect 
shall  qualify  and  exercise  the  duties  of  Governor  until  the  Governor- 
elect  qualifies;  and  in  the  event  both  the  Governor-elect  and  the 
Lieutenant-Governor-elect  from  any  cause  fail  to  qualify,  the  Presi- 
dent pro  tem  of  the  Senate,  the  Speaker  of  the  House  of  Representa- 
tives, the  Attorney  General,  State  Auditor,  Secretary  of  State  and 
State  Treasurer  shall  in  like  manner,  in  the  order  named,  administer 
the  office  until  the  Governor-elect  or  Lieutenant-Governor-elect 
qualifies. 

128.  If  the  Governor  or  other  officer  administering  the  office  shall 
appear  to  be  of  unsound  mind,  it  shall  be  the  duty  of  the  Supreme 
Court  of  Alabama,  at  any  regular  term,  or  at  any  special  term,  which 
it  is  hereby  authorized  to  call  for  that  purpose,  upon  request  in  writ- 
ing, verified  by  their  affidavits,  of  any  two  of  the  officers  named  in 


Alabama— 1901  201 

Section  127  of  this  Constitution,  not  next  ija  succession  to  the  office 
of  Governor,  to  ascertain  the  mental  condition  of  the  Governor  or 
other  officer  administering  the  office,  and  if  he  is  adjudged  to  be  of 
unsound  mind,  to  so  decree,  a  copy  of  which  decree,  duly  certified, 
shall  be  filed  in  the  office  of  Secretary  of  State ;  and  in  the  event  of 
such  adjudication  it  shall  be  the  duty  of  the  officer  next  in  succession 
to  perform  the  duties  of  the  office  until  the  Governor  or  other  officer 
administering  the  office  is  restored  to  his  mind.  If  the  incumbent 
denies  that  the  Governor  or  other  person  entitled  to  administer  the 
office  has  been  restored  to  his  mind,  the  Supreme  Court,  at  the  instance 
of  any  officer  named  in  Section  127  of  this  Constitution,  shall  ascer- 
tain the  truth  concerning  the  same,  and  if  the  officer  has  been  restored 
to  his  mind,  shall  so  adjudge  and  file  a  duly  certified  copy  of  its  decree 
with  the  Secretary  of  State;  and  in  the  event  of  such  adjudication, 
the  office  shall  be  restored  to  him.  The  Supreme  Court  shall  prescribe 
the  method  of  taking  testimony  and  the  rules  of  practice  in  such  pro- 
ceedings, which  rules  shall  include  a  provision  for  the  service  of  notice 
of  such  proceedings  on  the  Governor  or  person  acting  as  Governor. 

129.  The  Lieutenant-Governor,  President  pro  tem  of  the  Senate, 
Speaker  of  the  House,  Attorney  General,  State  Auditor,  Secretary  of 
State  or  State  Treasurer,  while  administering  the  office  of  Governor, 
shall  receive  like  compensation  as  that  prescribed  by  law  for  the  Gov- 
ernor, and  lio  other. 

130.  No  person  shall  at  the  same  time  hold  the  office  of  Governor 
and  any  other  office,  civil  or  military,  under  this  State,  or  the  United 
States,  or  any  other  State  or  government,  except  as  otherwise  pro- 
vided in  this  Constitution. 

131.  The  Governor  shall  be  commander-in-chief  of  the  militia  and 
volunteer  forces  of  this  State,  except  when  they  shall  be  called  into 
the  service  of  the  United  States,  and  he  may  call  out  the  same  to 
execute  the  laws,  suppress  insurrection  and  repel  invasion,  but  need 
not  command  in  person  unless  directed  to  do  so  by  resolution  of  the 
Legislature ;  and  when  acting  in  the  service  of  the  United  States,  he 
shall  appoint  his  staff,  and  the  Legislature  shall  fix  his  rank. 

132.  No  person  shall  be  eligible  to  the  office  of  Attorney  General, 
State  Auditor,  Secretar}^  of  State,  State  Treasurer,  Superintendent 
of  Education,  or  Commissioner  of  Agriculture  and  Industries,  unless 
he  shall  have  been  a  citizen  of  the  United  States  at  least  seven  years, 
and  shall  have  resided  in  this  State  at  least  five  years  next  preceding 
his  election,  and  shall  be  at  least  twenty-five  years  old  when  elected. 

133.  There  shall  be  a  seal  of  the  State  which  shall  be  used  officially 
by  the  Governor,  and  the  seal  now  in  use  shall  continue  to  be  used 
until  another  shall  have  been  adopted  by  the  Legislature.  The  seal 
shall  be  called  "  The  Great  Seal  of  the  State  of  Alabama." 

134.  The  Secretary  of  State  shall  be  the  custodian  of  the  Great  Seal 
of  the  State,  and  shall  authenticate  therewith  all  official  acts  of  the 
Governor,  except  his  approval  of  laws,  resolutions,  appointments  to 
office  and  administrative  orders.  He  shall  keep  a  register  of  the 
official  acts  of  the  Governor,  and  when  necessary,  shall  attest  them, 
and  lay  copies  of  same  together  with  copies  o^  all  papers  rehitive 
thereto,  before  either  House  of  the  Legislature  when  required  to  do  so, 
and  shall  perform  such  other  duties  as  may  be  prescribed  by  law, 

135.  All  grants  and  commissions  shall  be  issued  in  the  name  and  by 
the  authority  of  the  State  of  Alabama,  sealed  with  the  Great  Seal  of 


202  Alabama— 1901 

the  State,  signed  by  the  Grovemor  and  countersigned  by  the  Secretary 
of  State. 

13(5.  Should  the  office  of  Attorney  General,  State  Auditor,  Sec- 
retary of  State,  State  Treasurer,  Superintendent  of  Education,  or 
Commissioner  of  Agricidture  and  Industries  Ix'conie  vacant  from  any 
cause  the  CJovernor  shall  fill  such  vacancy  until  the  disability  is 
removed  or  a  successor  elected  and  qualified.  In  case  any  of  said  offi- 
cers shall  become  of  unsound  mind,  such  unsoundness  shall  be  ascer- 
tained by  the  Supreme  Court  ui)<)n  the  suggestion  of  the  (i(»vern()r. 

137.  The  Attorney  General,  State  Auditor,  Secretary  of  State, 
State  Treasurer,  Superintendent  of  Education,  and  Commissioner  of 
Agriculture  and  Industries  shall  perform  such  duties  as  may  lie  j)re- 
scribed  by  law.  The  State  Treasurer  and  State  Auditor  shall  every 
year,  at  a  time  fi.xed  by  the  I^egislature,  make  a  full  and  complete 
report  to  the  Governor,  showing  the  receii)ts  and  disbursements  of 
every  character,  all  claims  audited  and  paid  out,  by  items,  and  all 
taxes  and  revenues  collected  and  j)aid  into  the  treasury,  and  the 
sources  thereof.  They  shall  make  reports  oftener  upon  any  matters 
pertaining  to  their  offices,  if  required  by  the  Governor  or  the  legisla- 
ture. The  Attorney  General,  State  Auditor,  Secretary  of  State,  vStatc 
Treasurer,  and  Commissioner  of  Agriculture  and  Industries  shall  not 
receive  to  their  use  any  fees,  costs,  perquisites  of  office  or  other  com- 
f)ensation  than  the  salaries  prescribed  by  law,  and  all  fees  that  may 
be  payable  for  any  services  performed  by  such  officers  shall  be  at  once 
paid  into  the  State  Treasury. 

138.  A  Sheriff  shall  be  elected  in  each  county  by  the  qualified  elec- 
tors thereof,  who  shall  hold  office  for  a  term  of  four  years,  unless 
sooner  removed,  and  he  shall  be  ineligible  to  such  office  as  his  own 
successor;  provided,  that  the  terms  of  all  Sheriffs  expiring  in  the 
year  nineteen  hundred  and  four  are  hereby  extended  until  the  time  of 
the  expiration  of  the  terms  of  the  other  executive  officers  of  this  State 
in  the  year  nineteen  hundred  and  seven,  unless  sooner  removed. 
AVhenever  any  ])risoner  is  taken  from  jail,  or  from  the  custody  of  any 
Sheriff'  or  his  deputy,  and  put  to  death,  or  suffers  grievous  bodily 
harm,  owing  to  the  neglect,  connivance,  cowardice,  or  other  grave 
fault  of  the  Sheriff,  such  Sheriff'  may  be  impeached  under  Section  174 
of  the  Constitution.  If  the  Sheriff  be  impeached,  and  thereupon  con- 
victed, he  shall  not  be  eligible  to  hold  any  office  in  this  State  during 
the  time  for  which  he  had  been  elected  or  appointed  to  serve  as 
Sheriff. 

Articlk  VI 

JUDICIAL  DEPART-MENT 

130,  The  judicial  power  of  the  State  shall  be  vested  in  the  Senate 
sitting  as  a  court  of  impeachment,  a  Sui)reme  Court.  Circuit  Courts, 
Chancery  Courts,  Courts  of  Probate,  such  courts  of  law  and  equity 
inferior  to  the  Supreme  Court,  and  to  consist  of  not  more  than  five 
members,  as  the  legislature  from  time  to  time  may  establish,  and 
such  persons  as  may  l)e  by  law  invested  with  powers  of  a  judicial 
nature;  but  no  court  of  general  jurisdiction,  at  law  or  in  equity,  or 
both,  shall  hereafter  l)e  established  in  and  for  any  one  county  having 


Alabama— 1901  203 

a  population  of  loss  than  twenty  thousand,  according  to  the  next  pre- 
ceding Federal  census,  and  property  assessed  for  taxation  at  a  less 
valuation  than  three  million  five  hundred  thousand  dollars. 

140.  Plxcept  in  cases  otherwise  directed  in  this  Constitution,  the 
Supreme  Court  shall  have  appellate  jurisdiction  only,  which  shall 
be  coextensive  with  the  State,  under  such  restrictions  and  regulations, 
not  repugnant  to  this  Constitution,  as  may  from  time  to  time  be  pre- 
scribed by  law,  except  where  jurisdiction  over  appeals  is  vested  in 
some  inferior  court,  and  made  final  therein;  provided,  that  the 
Supreme  Court  shall  have  power  to  issue  writs  of  injunction,  habeas 
corpus,  quo  warranto,  and  such  other  remedial  and  original  writs  as 
may  be  necessary  to  give  it  a  general  superintendence  and  control  of 
inferior  jurisdictions. 

141.  The  Supreme  Court  shall  be  held  at  the  seat  of  government, 
but  if  that  shall  become  dangerous  from  any  cause,  it  may  convene 
at  or  adjourn  to  another  place. 

142.  Except  as  otherwise  authorized  in  this  article,  the  State  shall 
be  divided  into  convenient  circuits.  For  each  circuit  there  shall  be 
chosen  a  judge,  who  shall,  for  one  year  next  preceding  his  election 
and  during  his  continuance  in  office,  reside  in  the  circuit  for  which  he 
is  elected. 

143.  The  Circuit  Court  shall  have  original  jurisdiction  in  all  mat- 
ters civil  and  criminal  Avithin  the  State  not  otherwise  excepted  in  this 
Constitution ;  but  in  civil  cases,  other  than  suits  for  libel,  slander, 
assault  and  battery,  and  ejectment,  it  shall  have  no  original  jurisdic- 
tion except  where  the  matter  or  sum  in  controversy  exceeds  fifty 
dollars. 

144.  A  Circuit  Court,  or  a  court  having  the  jurisdiction  of  the 
Circuit  Court,  shall  be  held  in  each  county  in  the  State  at  least  twice 
in  each  year,  and  judges  of  the  several  courts  mentioned  in  this  sec- 
tion may  hold  court  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law.  The  judges  of  the  several  courts 
mentioned  in  this  section  shall  have  power  to  issue  writs  of  injunc- 
tion, returnable  to  the  Court  of  Chancery,  or  courts  having  the  juris- 
diction of  Courts  of  Chancery. 

145.  The  Legislature  shall  have  power  to  establish  a  Court  or 
Courts  of  Chancery,  with  original  and  appellate  jurisdiction,  except 
as  otherwise  authorized  in  this  article.  The  State  shall  be  divided  by 
the  Legislature  into  convenient  Chancery  divisions;  each  division 
shall  be  divided  into  districts,  and  for  each  division  there  shall  be  a 
chancellor,  who  shall  have  resided  in  the  division  for  which  he  shall 
be  elected  or  appointed  for  one  year  next  preceding  his  election  or 
appointment,  and  shall  reside  therein  during  his  continuance  in  office. 

14G.  A  Chancery  Court,  or  a  court  having  the  jurisdiction  of  the 
Chancery  Court,  shall  be  held  in  each  district,  at  a  place  to  be  fixed 
by  law,  at  least  tAvice  in  each  year,  and  the  chancellors  may  hold  court 
for  each  other  when  they  deem  it  necessary,  and  shall  do  so  when 
directed  by  laAv. 

147.  Any  county  having  a  population  of  twenty  thousand  or  more, 
according  to  the  next  preceding  Federal  census,  and  also  taxable 
property  of  three  million  five  hundred  thousand  dollars  or  more  in 
value,  according  to  the  next  preceding  assessment  of  property  for 


204  Alabama— 1901 

State  and  county  taxation,  need  not  be  included  in  any  circuit  or 
chancery  division;  but  if  the  vahie  of  its  taxable  property  shall  be 
reduced  below  that  limit,  or  if  its  population  shall  be  reduced  below 
that  number,  the  Legislature  shall  include  such  county  in  a  circuit 
and  chancery  division,  or  either,  embracing  more  than  one  county. 
No  Circuit  or  Chancery  division  shall  contain  less  than  three  coun- 
ties, unless  there  be  embraced  therein  a  county  having  a  population 
of  twentv  thousand  or  more,  and  taxal)le  property  of  three  million 
five  hundred  thousand  dollars  or  more  in  value. 

148.  The  legislature  may  confer  upon  the  Circuit  Court  or  the 
Chancery  Court  the  jurisdiction  of  both  of  said  courts.  In  counties 
having  two  or  more  courts  of  record,  the  Legislature  may  provide  for 
the  consolidation  of  all  or  any  such  courts  of  record,  except  the  Pro- 
bate Court,  with  or  without  separate  divisions,  and  a  sufficient  number 
of  judges  for  the  transaction  of  the  business  of  such  consolidated 
court. 

149.  The  I^egislature  shall  have  power  to  establish  in  each  county 
a  court  of  probate,  with  general  jurisdiction  of  orphan's  business  and 
with  power  to  grant  letters  testamentary  and  administration;  pro- 
vided, that  whenever  any  court  having  equity  powers  has  taken  juris- 
diction of  the  settlement  of  any  estate,  it  shall  have  power  to  do  all 
things  necessary  for  the  settlement  of  such  estate,  including  the 
appointment  and  removal  of  administrators,  executors,  guardians  and 
trustees,  and  including  action  upon  the  resignation  of  either  of  them. 

150.  The  Justices  of  the  Supreme  Court,  Chancellors  and  the 
Judges  of  the  Circuit  Courts,  and  other  courts  of  record,  except  Pro- 
bate Courts,  shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation which  shall  not  be  diminished  during  their  official  terms;  they 
shall  receive  no  fees  or  perquisites,  nor  hold  any  office,  except  judicial 
officas,  of  profit  or  trust  under  this  State  or  the  United  States,  or  any 
other  government  during  the  time  for  which  they  have  been  elected 
or  appointed. 

151.  The  Supreme  Court  shall  consist  of  one  Chief  Justice,  and 
such  number  of  Associate  Justices  as  may  be  prescribed  by  law. 

152.  The  Chief  Justice  and  Associate  Justices  of  tne  Supreme 
Court,  Judges  of  the  Circuit  Courts,  Judges  of  the  Probate  Courts, 
and  Chancellors  shall  be  elected  by  the  qualified  electors  of  the  State, 
circuits,  counties  and  chancery  divisions,  for  which  such  courts  may 
be  established,  at  such  times  as  may  be  prescribed  by  law,  except  as 
herein  otherwise  provided. 

153.  The  Judges  of  such  inferior  courts  of  law  and  equity  as  may 
be  by  law  established,  shall  be  elected  or  appointed  in  such  mode  as 
the  Legislature  may  prescribe. 

154.  Chancellors  and  Judges  of  all  courts  of  record  shall  have  been 
citizens  of  the  United  States  and  of  this  State  for  five  years  next  pre- 
ceding their  election  or  appointment,  and  shall  not  be  less  than 
twenty-five  years  of  age,  and,  except  Judges  of  Probate,  shall  be 
learned  in  the  law. 

155.  Except  as  otherwise  provided  in  this  article,  the  Chief  Justice 
and  Associate  Justices  of  the  Supreme  Court,  Circuit  Judges,  Chan- 
cellors, and  Judges  of  Probate,  shall  hold  office  for  the  term  of  six 
years,  and  until  their  successors  are  elected  or  appointed  and  qualified; 
and  the  right  of  such  Judges  and  Chancellors  to  hold  their  offices  for 
the  full  term  hereby  prescribed  shall  not  be  affected  by  any  change 


Alabama— 1901  205 

hereafter  made  by  law  in  any  circuit,  division,  or  county,  or  in  the 
mode  of  time  of  election. 

150.  The  Chief  Justice  and  Associate  Justices  of  the  Supreme 
Court  shall  be  choses  at  an  election  to  be  held  at  the  time  and  places 
fixed  by  law  for  the  election  of  members  of  the  House  of  Repre- 
sentatives of  the  Congress  of  the  United  States,  until  the  Legislature 
shall  by  law  change  the  time  of  holding  such  election.  The  term  of 
office  of  the  Chief  Justice,  who  shall  be  elected  in  the  year  nineteen 
hundred  and  four,  shall  be  as  provided  in  the  last  preceding  section. 
The  successors  of  two  of  the  Associate  Justices  elected  in  the  year 
nineteen  hundred  and  four  shall  be  elected  in  the  year  nineteen 
hundred  and  six,  and  the  successors  of  the  other  two  Associate  Justices 
elected  in  nineteen  hundred  and  four,  shall  be  elected  in  the  year 
nineteen  hundred  and  eight.  The  Associate  Justices  of  said  court 
elected  in  the  year  nineteen  hundred  and  four  shall  draw  or  cast  lots 
among  themselves  to  determine  which  of  them  shall  hold  office  for  the 
terms  ending,  respectively,  in  the  years  nineteen  hundred  and  six  and 
nineteen  hundred  and  eight,  and  until  their  respective  successors  are 
elected  or  appointed  and  qualified.  The  result  of  such  determination 
shall  be  certified  to  the  Governor  by  such  Associate  Justices,  or  a 
majority  of  them,  prior  to  the  first  day  of  January,  nineteen  hundred 
and  five,  and  such  certificate  shall  be  entered  upon  the  minutes  of 
the  court.  In  the  event  of  the  failure  of  said  Associate  Justices  to 
make  and  certify  such  determination,  the  (Jovernor  shall  designate 
the  terms  for  which  they  shall  respectively  hold  office,  as  above  pro- 
vided, and  shall  issue  his  proclamation  accordingly.  In  the  event  of 
an  increase  or  reduction  by  law  of  the  number  of  Associate  Justices 
of  the  Supreme  Court,  the  Legislature  shall,  as  nearly  as  may  be, 
provide  for  the  election  each  second  year,  of  one-third  of  the  members 
of  said  court. 

157.  All  judicial  officers  within  their  respective  jurisdictions  shall, 
by  virtue  of  their  offices,  be  conservators  of  the  peace. 

158.  Vacancies  in  the  office  of  any  of  the  Justices  of  the  Supreme 
Court  or  Judges  who  hold  office  by  election,  or  Chancellors  of  this 
State,  shall  be  filled  by  appointment  by  the  Governor.  The  appointee 
shall  hold  his  office  until  the  next  general  election  for  any  State 
officer  held  at  least  six  months  after  the  vacancy  occurs,  and  until 
his  successor  is  elected  and  qualified;  the  successor  chosen  at  such 
election  shall  hold  office  for  the  unexpired  term  and  until  his  successor 
is  elected  and  qualified. 

159.  Whenever  any  new  circuit  or  chancery  division  is  created,  the 
Judge  or  Chancellor  therefor  shall  be  elected  at  the  next  general 
election  for  any  State  officer  for  a  term  to  expire  at  the  next  general 
election  for  Circuit  Judge  and  Chancellor;  provided,  that  if  said 
new  circuit  or  chancery  division  is  created  more  than  six  months 
before  such  general  election  for  any  State  officer,  the  Governor -shall 
appoint  some  one  as  Judge  or  Chancellor,  as  the  case  may  be,  to  hold 
the  office  until  such  election. 

160.  If  in  any  case,  civil  or  criminal,  pending  in  any  Circuit  Court, 
Chancery  Court,  or  hi  any  court  of  general  jurisdiction  having  any 
part  of  the  jurisdiction  of  a  Circuit  and  a  Chancery  Court,  or  either 
of  them  in  this  State,  the  presiding  judge  or  chancellor  shall,  for  any 
legal  cause,  be  incompetent  to  try,  hear  or  render  judgment  in  such 
case,  the  parties,  or  their  attorneys  of  record,  if  it  be  a  civil  case,  or 

7251— VOL  1— 07 16 


206  Alahaina—1901 

the  solicitor  or  prosecuting:  officer,  and  the  defendant  or  defendants,  if 
it  be  a  criminal  case,  may  a<?ree  upon  some  disinterested  person  prac- 
ticing in  the  court  and  learned  in  the  law,  to  act  as  special  judge  or 
chancellor  to  sit  as  a  court,  and  to  hear,  decide  and  render  judgment 
in  the  same  manner  and  to  the  same  effect  as  such  incompetent  Chan- 
cellor or  Judge  could  have  rendered  but  for  such  incompetency.  If 
the  case  be  a  civil  one,  and  the  parties  or  their  attorneys  of  record  do 
not  agree;  or  if  it  be  a  criminal  one,  and  the  prosecuting  officer  and 
the  defendant  or  defendants  do  not  agree  upon  a  special  judge  or 
chancellor,  or  if  either  party  in  a  civil  cause  is  not  represented  in 
court,  the  Register  in  Chancery  or  the  clerk  of  such  Circuit  or  other 
court  in  which  said  cause  is  pending,  shall  appoint  a  special  judge  or 
chancellor,  who  shall  preside,  try  and  render  judgment  as  in  this 
section  provided.  The  legislature  may  prescribe  other  methods  for 
supplying  special  judges  in  such  cases. 

ir»l.  The  legislature  shall  have  power  to  provide  for  the  holding 
of  Chancery  and  Circuit  Courts,  and  for  the  holding  of  courts  having 
the  jurisdiction  of  Circuit  and  Chancery  Courts,  or  either  of  them, 
when  the  Chancellors  or  Judges  thereof  fail  to  attend  regular  terms. 

102.  No  Judge  of  any  court  of  record  in  this  State  shall  practice 
law  in  any  of  the  courts  of  this  State,  or  of  the  United  States. 

1()8.  Registers  in  Chancery  shall  be  appointed  by  the  Chancellors 
of  the  respective  divisions,  and  shall  have  been  at  least  twelve  months 
before  their  appointment,  and  shall  be  at  the  time  of  their  appoint- 
ment and  during  their  continuance  in  office,  resident  citizens  of  the 
district  for  which  they  are  appointed.  They  shall  hold  office  for  the 
term  for  which  the  Chancellor  making  such  appointment  was  elected 
or  appointed.  Such  registers  shall  receive  as  compensation  for  their 
services  only  such  fees  and  commissions  as  may  l)e  specifically  pre- 
scribed by  law,  which  fees  shall  be  uniform  throughout  the  State. 

164.  The  clerk  of  the  Supreme  Court  shall  be  appointed  by  the 
Judges  thereof,  and  shall  hold  office  for  the  term  of  six  years;  and  the 
clerks  of  such  inferior  courts  as  may  lie  established  by  law  shall  be 
selected  in  such  manner  as  the  legislature  may  provide, 

165.  Clerks  of  the  Circuit  Court  shall  be  elected  by  the  qualified 
electors  in  each  county  for  the  term  of  six  years,  and  may,  when 
appointed  by  the  Chancellor,  also  fill  the  office  of  Register  in  Chan- 
cery. Vacancies  in  such  office  of  clerk  shall  be  filled  by  the  Judge  of 
the  Circuit  Court  for  the  unexpired  term. 

166.  The  clerk  of  the  Supreme  Court  and  Registers  in  Chancery 
may  l)e  removed  from  office  by  the  Justices  of  the  Supreme  Court,  and 
by  the  Chancellors,  respectively,  for  cause,  to  be  entered  at  length 
upon  the  minutes  of  the  court. 

167.  A  Solicitor  for  each  judicial  circuit  or  other  territorial  sub- 
division prescribed  by  the  legislature,  shall  l)e  elected  by  the  qualified 
electors  of  those  counties  in  such  circuit  or  other  territorial  subdivi- 
sion in  which  such  Solicitor  prosecutes  criminal  cases,  and  such 
Solicitor  shall  be  learned  in  the  law,  and  shall  at  the  time  of  his  elec- 
tion and  during  his  continuance  in  office,  reside  in  a  county  (in  the 
circuit)  in  which  he  prosecutes  criminal  cases,  or  other  territorial  sub- 
divisi(m  for  which  he  is  elected,  and  his  term  of  office  shall  be  four 
j'eai's,  and  he  shall  receive  no  other  comj^ensation  than  a  salary,  to  be 
prescril)ed  by  law,  which  shall  not  l>e  increased  during  the  term  for 
which  he  was  elected ;  provided,  that  this  article  shall  not  operate  to 


Alabama— 1901  207 

abridge  the  term  of  any  Solicitor  now  in  office;  and,  provided  fur- 
ther, that  the  Solicitor  elected  in  the  year  nineteen  hundred  and  four 
shall  hold  office  for  six  years,  and  until  their  successors  are  elected 
and  qualified;  and  provided  further,  that  the  Legislature  may  pro- 
vide by  law  for  the  appointment  by  the  Governor  or  the  election  by 
the  qualified  electors  of  a  county  for  a  Solicitor  for  any  county. 

1()8.  In  each  precinct  not  lying  within,  or  partly  within,  any  city 
or  incorporated  town  of  more  than  fifteen  hundred  inhabitants,  there 
shall  be  elected  by  the  qualified  electors  of  such  precinct  not  exceed- 
ing two  Justices  of  the  Peace,  and  one  Constable.  AVhere  one  or 
more  precincts  lie  within,  or  partly  within,  a  city  or  incorporated 
town  having  more  than  fifteen  hundred  inhabitants,  the  Legislature 
may  provide  by  law  for  the  election  of  not  more  than  two  Justices  of 
the  Peace  and  one  Constable,  for  each  of  such  precincts,  or  an  infe- 
rior court  for  such  precinct  or  precincts,  in  lieu  of  all  Justices  of  the 
Peace  therein.  Justices  of  the  Peace,  and  the  inferior  courts  in  this 
section  provided  for,  shall  have  jurisdiction  in  all  civil  cases  where 
the  amount  in  controversy  does  not  exceed  one  hundred  dollars, 
except  in  cases  of  libel,  slander,  assault  and  battery  and  ejectment. 
The  Legislature  may  provide  by  law^  w^hat  fees  may  be  charged  by 
Justices  of  the  Peace  and  Constables,  which  fees  shall  be  uniform 
throughout  the  State.  The  right  of  appeal  from  any  judgment  of  a 
Justice  of  the  Peace,  or  from  any  inferior  court  authorized  by  this 
section,  Avithout  the  prepayment  of  costs,  and  also  the  term  of  office 
of  such  Justices,  and  of  the  Judges  of  such  inferior  courts,  and  of 
Notaries  Public,  shall  be  provided  for  by  law.  The  Governor  may 
appoint  Notaries  Public  without  the  powers  of  a  Justice  of  the 
Peace,  and  may,  except  -where  otherwise  provided  by  an  act  of  the 
Legislature,  appoint  not  more  than  one  Notary  Public  with  all  of  the 
powers  and  jurisdiction  of  a  Justice  of  the  Peace  for  each  precinct  in 
which  the  election  of  Justices  of  the  Peace  shall  be  authorized. 

169.  In  all  prosecutions  for  rape  and  assault  with  intent  to  ravish, 
the  court  may,  in  its  discretion,  exclude  from  the  court  room  all  per- 
sons, except  such  as  may  be  necessary  in  the  conduct  of  the  trial. 

170.  The  style  of  all  processes  shall  be  "  The  State  of  Alabama," 
and  all  prosecutions  shall  be  carried  on  in  the  name  and  by  the 
authority  of  the  same,  and  shall  conclude  "Against  the  peace  and 
dignity  of  the  State." 

171.  The  Legislature  shall  have  the  power  to  abolish  any  court, 
except  the  Supreme  Court  and  the  Probate  Courts,  whenever  its 
jurisdiction  and  functions  have  been  conferred  upon  some  other 
court. 

172.  Nothing  in  this  article  shall  be  so  construed  as  to  abridge  the 
term  of  office  of  any  officer  noAv  in  office. 

Article  VII 

IMPEACHMENTS 

173.  The  Governor.  Lieutenant-Governor,  Attorney  General,  State 
Auditor.  Secretary  of  State.  State  Treasurer,  Superintendent  of 
Education.  Commissioner  of  Agriculture  and  Industries,  and  Jus- 
tices of  the  Supreme  Court  may  be  removed  from  office  for  wilful 
neglect  of  duty,  corruption  in  office,  incompetency,  or  intemprance 


208  Alabama— 1901 

in  the  use  of  inl()xicatiii«>:  liijiiois  or  narcotics  to  such  an  extent,  in 
view  of  the  dignity  of  the  office  and  importance  of  its  duties,  as 
unfits  the  officer  for  the  discharge  of  such  duties,  or  for  any  offense 
involving  moral  turpitude  while  in  office,  or  committed  under  color 
thereof,  or  connected  therewith,  by  the  Senate  sitting  as  a  court  of 
impeachment,  under  oath  or  affirmation,  on  articles  or  charges  pre- 
ferred by  the  House  of  Kepi-esentatives.  When  the  Governor  or 
Lieutenant-(iovernor  is  impeached,  the  Chief  Justice,  or  if  he  be 
absent  or  distjualified,  then  one  of  the  Associate  Justices  of  the 
Supreme  Court,  to  1k'  selected  by  it,  shall  preside  over  the  Senate 
Avhen  sitting  as  a  court  of  impeachment.  If  at  any  time  when  the 
I-/egislature  is  not  in  session,  a  majority  of  all  the  members  elected 
to  the  House  of  Representatives  shall  certify  in  writing  to  the 
Secretary  of  State  their  desire  to  meet  to  consider  the  impeachment 
of  the  Governor,  Lieutenant-Governor,  or  other  officer  administer- 
ing the  office  of  Governor,  it  shall  be  the  duty  of  the  Secretary  of 
State  innnediately  to  notify  the  Speaker  of  the  House,  who  shall, 
within  ten  days  after  receipt  of  such  notice,  summon  the  members  of 
the  House  by  publication  in  some  newspaper  published  at  the  Capital 
to  assemble  at  the  Capitol  on  a  day  to  be  fixed  by  the  Speaker,  not 
later  than  fifteen  days  after  the  receipt  of  the  notice  to  him  from  the 
Secretary  of  State,  to  consider  the  impeachment  of  the  Governor, 
Lieutenant-Governor  or  other  officer  administering  the  office  of 
Governor.     If  the  House  of  Representatives  prefer  articles  of  im- 

1)eachment,  the  Speaker  of  the  House  shall  forthwith  notify  the 
jieutenant-Cjovernor,  unless  he  be  the  officer  impeached,  in  which 
event  he  shall  notify  the  Secretary  of  State,  who  shall  suunnon  in 
the  manner  herein  above  provided  for,  the  members  of  the  Senate  to 
assemble  at  the  Capitol  on  a  day  to  be  named  in  said  summons,  not 
later  than  ten  days  after  receipt  of  the  notice  from  the  Speaker  of 
the  House,  for  the  purpose  of  organizing  as  a  court  of  impeachment. 
The  Senate,  when  thus  organized,  shall  hear  and  try  such  articles  of 
impeachment  against  the  Governor,  Lieutenant-Ciovernor  or  other 
officer  administering  the  office  of  (iovernor,  as  may  be  preferred  by 
the  House  of  Representatives. 

174.  The  Chancellors,  Judges  of  the  Circuit  Courts,  Judges  of 
the  Probate  Courts,  and  Judges  of  other  courts  from  which  an 
appeal  may  be  taken  directly  to  the  Supreme  Court,  and  Solicitors 
and  Sheriffs,  may  be  removed  from  office  for  any  of  the  causes 
specified  in  the  preceding  section  or  elsewhere  in  this  Constitution, 
by  the  Supreme  Court,  under  such  regulations  as  may  be  prescribed 
by  law.  The  Legislature  may  provide  for  the  impeachment  or 
removal  of  other  officers  than  those  named  in  this  article. 

175.  The  clerks  of  the  Circuit  Courts,  or  courts  of  like  jurisdic- 
tion, and  of  Criminal  Courts,  Tax  Collectors,  Tax  Assessors,  County 
Treasurers,  County  Superintendents  of  Education,  Judges  of  inferior 
courts  created  under  authority  of  Section  168  of  this  Constitution, 
Coroners,  Justices  of  the  Peace,  Notaries  Public,  Constables,  and  all 
other  county  officers,  Mayors,  Intendants  and  all  other  officers  of 
incorjX)rated  cities  and  towns  in  this  State,  may  be  removed  from 
office  for  any  of  the  causes  specified  in  Section  178  of  this  Constitu- 
tion, by  the  Circuit  or  other  courts  of  like  jurisdiction  or  a  Criminal 
Court  of  the  county  in  which  such  officei-s  hold  their  office,  under 


Alabama— 1901  209 

such  regulations  as  may  be  i)rescrib(Hl  by  law ;    provided,  that  the 
right  of  trial  by  jury  and  appeal  in  such  cases  shall  be  secured. 

176.  The  penalties  in  cases  arising  under  the  three  preceding  sec- 
tions shall  not  extend  beyond  removal  from  office,  and  disqualifica- 
tions from  holding  office,  under  the  authority  of  this  State,  for  the 
term  for  which  the  officer  was  elected  or  appointed ;  but  the  accused 
shall  be  liable  to  indictment  and  punishment  as  prescribed  by  law. 

Article  VIII 
suffra(;e  and  elections 

177.  Every  male  citizen  of  this  State,  who  is  a  citizen  of  the 
United  States,  and  every  male  resident  of  foreign  birth,  wdio,  before 
the  ratification  of  this  Constitution,  shall  have  legally  declared  his 
intention  to  become  a  citizen  of  the  United  States,  twenty-one  years 
old  or  upward,  not  laboring  under  any  of  the  disabilities  named  in 
this  article,  and  possessing  the  qualifications  required  by  it,  shall  be 
an  elector,  and  shall  be  entitled  to  vote  at  anv  election  by  the  people; 
provided,  that  all  foreigners  who  have  legally  declared  their  inten- 
tion of  becoming  citizens  of  the  United  States,  shall,  if  they  fail 
to  become  citizens  thereof  at  the  time  they  are  entitled  to  become 
such,  cease  to  have  the  right  to  vote  until  they  become  such  citizens. 

178.  To  entitle  a  person  to  vote  at  any  election  by  the  people,  he 
shall  have  resided  in  the  State  at  least  two  years,  in  the  county  one 
year,  and  in  the  precinct  or  ward  three  months,  immediately  preced- 
ing the  election  at  which  he  offers  to  vote,  and  he  shall  have  been 
duly  registered  as  an  elector,  and  shall  have  paid  on  or  before  the 
first  day  of  February  next  preceding  the  date  of  the  election  at  which 
he  offers  to  vote,  all  poll  taxes  due  from  him  for  the  year  nineteen 
hundred  and  one,  and  for  each  subsequent  year;  provided,  that  any 
elector  who,  within  three  months  next  preceding  the  date  of  the  elec- 
tion at  which  he  offers  to  vote,  has  removed  from  one  precinct  or 
ward  to  another  precinct  or  ward  in  the  same  county,  incorporated 
town  or  city,  shall  have  the  right  to  vote  in  the  precinct  or  ward  from 
which  he  has  so  removed,  if  he  would  have  been  entitled  to  vote  in 
such  precinct  or  ward  but  for  such  removal. 

179.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elections 
by  persons  in  a  representative  capacity  shall  be  viva  voce. 

180.  The  following  male  citizens  or  this  State,  who  are  citizens  of 
the  United  States,  and  every  male  resident  of  foreign  birth,  who, 
before  the  ratification  of  this  Constitution,  shall  have  legally  de- 
clared his  intention  to  become  a  citizen  of  the  United  States,  and  who 
shall  not  have  had  an  opportunity  to  perfect  his  citizenship  prior  to 
the  twentieth  day  of  December,  nineteen  hundred  and  two,  twenty- 
one  years  old  or  upwards,  who,  if  their  place  of  residence  shall  remain 
unchanged,  will  have,  at  the  date  of  the  next  general  election  the 
qualifications  as  to  residence  prescribed  in  Section  l78  of  this  Con- 
stitution, and  Avho  are  not  disqualified  under  Section  182  of  this  Con- 
stitution, shall,  upon  application  be  entitled  to  register  as  electors 
prior  to  the  twentieth  day  of  December,  nineteen  hundred  and  two, 
namely : 


210  Alabama— 1901 

First — All  who  have  honorably  served  in  the  land  or  naval  forces 
of  the  Tnited  States  in  tlio  war  of  1812,  or  in  the  war  with  Mexico, 
or  in  any  war  with  the  Indians,  or  in  the  war  between  the  States,  or 
in  the  war  with  Spain,  or  who  honorably  served  in  the  land  or  naval 
forces  of  the  Confederate  States,  or  of  the  State  of  Alabama  in  the 
war  between  the  States ;  or, 

Second — The  lawful  descendants  of  persons  who  honorably  served 
in  the  land  or  naval  forces  of  the  United  States  in  the  war  of  the 
American  Revolution,  or  in  the  war  of  1812,  or  in  the  war  with 
Mexico,  or  in  any  war  with  the  Indians,  or  in  the  war  between  the 
States,  or  in  the  land  or  naval  forces  of  the  Confederate  States,  or  of 
the  State  of  Alabama  in  the  war  l)etween  the  States;  or. 

Third — All  persons  who  are  of  <jood  character  and  who  understand 
the  duties  and  obligations  of  citizenship  under  a  republican  form  of 
government. 

181.  After  the  first  day  of  January,  nineteen  hundred  and  three, 
the  following  persons,  and  no  others,  who,  if  their  place  of  residence 
shall  remain  unchanged,  will  have,  at  the  date  of  the  next  general 
election,  the  qualifications  as  to  residence  prescribed  in  Section  178 
of  this  Constitution,  shall  be  qualified  to  register  as  electors,  pi-o- 
vided,  they  shall  not  be  disqualified  under  Section  182  of  this 
Constitution. 

First — Those  who  can  read  and  write  any  article  of  the  Constitution 
of  the  United  States  in  the  English  language,  and  who  are  physicallj' 
unable  to  work;  and  those  who  can  read  and  write  any  article  of  the 
Constitution  of  the  United  States  in  the  English  language,  and  who 
have  worked  or  been  regularly  engaged  in  some  lawful  employment, 
business  or  occupation,  trade  or  calling  for  the  greater  part  of  the 
twelve  months  next  preceding  the  time  they  offer  to  register;  and 
those  who  are  unable  to  read  and  write,  if  such  inability  is  due  solely 
to  physical  disability :  or. 

Second — The  owner  in  good  faith,  in  his  own  right,  or  the  husband 
of  a  woman  who  is  the  owner  in  good  faith,  in  her  own  right,  of  forty 
acres  of  land  situate  in  this  State,  upon  which  they  reside;  or  the 
owner  in  good  faith,  in  his  own  right,  or  the  husband  of  any  woman 
who  is  the  owner  in  good  faith,  in  her  own  right,  of  real  estate, 
situate  in  this  State,  assessed  for  taxation  at  the  value  of  three  hun- 
dred dollars  or  more,  or  the  owner  in  good  faith,  in  his  own  right, 
or  the  husband  of  a  woman  who  is  the  owner  in  good  faith,  in  her 
own  right,  of  personal  property  in  this  State  assessed  for  taxation 
at  three  hundred  dollars  or  more ;  provided,  that  the  taxes  due  upon 
such  real  or  jwrsonal  ])roperty  for  the  year  next  preceding  the  year 
in  which  he  offers  to  register  shall  have  been  paid,  unless  the  assess- 
ment shall  have  been  legally  contested  and  is  undetermined. 

182.  The  following  persons  shall  be  disqualified  both  from  register- 
ing and  from  voting,  namely: 

All  idiots  and  insane  persons;  those  who  shall  bv  reason  of  con- 
viction of  crime  l)e  disqualified  from  voting  at  the  time  of  the  ratifi- 
cation of  this  Constitution :  those  who  shall  be  convicted  of  treason, 
murder,  arson,  embezzlement,  malfeasance  in  office,  larceny,  receiving 
stolen  property,  obtaining  property  or  money  under  false  pretenses, 
perjury,  subordination  of  perjury,  robbery,  assault  with  intent  to  rob, 
burglary,  forgery,  bril>ery,  assault  and  battery  on  the  wife,  bigamy, 
living  in  adultery,  sodomy,  incest,  rape,  miscegenation,  crime  against 


Alabama— 1901  211 

nature,  or  any  crime  punishable  by  imprisonment  in  the  penitentiary, 
or  of  any  infamous  crime  or  crime  involving  moral  turpitucle;  also 
any  person  who  shall  be  convicted  as  a  vagrant  or  tramp,  or  of 
selling  or  offering  to  sell  his  vote  or  the  vote  of  another,  or  of  mak- 
ing or  offering  to  make  false  return  in  any  election  by  the  people  or 
in  any  primary  election  to  procure  the  nomination  or  election  of  any 
person  to  any  office,  or  of  suborning  any  Avitness  or  registrar  to  secure 
the  registration  of  any  person  as  an  elector. 

188.  No  person  shall  be  qualified  to  vote  or  participate  in  any  pri- 
mary election,  party  convention,  mass  meeting  or  other  method  of 
party  action  of  any  political  party  or  faction,  who  shall  not  possess 
the  qualifications  ])rescribed  in  this  article  for  an  elector,  or  who 
shall  be  disqualified  from  voting  under  the  provisions  of  this  article. 

184.  No  person,  not  registered  and  qualified  as  an  elector  under 
the  provisions  of  this  article,  shall  vote  at  the  general  election  in 
nineteen  hundred  and  two,  or  at  any  subsequent  State,  county,  or 
municipal  election,  general,  local  or  special ;  but  the  provisions  of 
this  article  shall  not  apply  to  any  election  held  prior  to  the  general 
election  in  the  j-ear  nineteen  hundred  and  two. 

185.  Any  elector  whose  right  to  vote  shall  be  challenged  for  any 
legal  cause  before  an  election  officer,  shall  be  required  to  swear  or 
affirm  that  the  matter  of  the  challenge  is  untrue  before  his  vote  shall 
be  received,  and  any  one  who  Avillfully  swears  or  affirms  falsely 
thereto  shall  be  guilty  of  perjury,  and  upon  conviction  thereof  shall 
be  imprisoned  in  the  penitentiary  for  not  less  than  one  nor  more  than 
five  years. 

186.  The  Legislature  shall  provide  by  law  for  the  registration, 
after  the  first  day  of  January,  nineteen  hundred  and  three,  of  all 
qualified  electors.  Until  the  first  day  of  January,  nineteen  hundred 
and  three,  all  electors  shall  be  registered  under  and  in  accordance 
with  the  requirements  of  this  section,  as  follows : 

First — Registration  shall  be  conducted  in  each  county  by  a  board 
of  three  reputable  and  suitable  persons  resident  in  the  county,  who 
shall  not  hold  any  elective  office  during  their  term,  to  be  appointed 
within  sixty  days  after  the  ratification  of  this  Constitution,  by  the 
Governor,  Auditor  and  Commissioner  of  Agriculture  and  Industries, 
or  by  a  majority  of  them,  acting  as  a  board  of  appointment.  If  one  or 
more  of  the  persons  appointed  on  such  board  of  registration  shall 
refuse,  neglect,  or  be  unable  to  qualify  or  serve,  or  if  a  vacancy  or 
vacancies  occur  in  the  membership  of  the  board  of  registrars  from  any 
cause,  the  Governor,  Auditor  and  Commissioner  of  Agriculture  and 
Industries,  or  a  majority  of  them,  acting  as  a  board  of  appointment, 
shall  make  other  appointments  to  fill  such  board.  Each  registrar 
shall  receive  two  dollars  per  day,  to  be  paid  by  the  State,  and  dis- 
bursed by  the  several  Judges  of  Probate,  for  each  entire  day's  attend- 
ance upon  the  sessions  of  the  board.  Before  entering  upon  the  per- 
formance of  the  duties  of  his  office,  each  registrar  shall  take  the  same 
oath  required  of  the  judicial  officers  of  the  State,  which  oath  may 
be  administered  by  any  person  authorized  by  law  to  administer  oaths, 
the  oath  shall  be  in  writing  and  subscribed  by  the  registrar,  and  filed 
in  the  office  of  the  Judge  of  Probate  of  the  county. 

Second— Prior  to  the  first  day  of  August,  nineteen  hundred  and 
two,  the  Board  of  Registrars  in  each  county  shall  visit  each  precinct 
at  least  once,  and  oftener,  if  necessary  to  make  a  complete  registration 


212  Alabmm— 1.901 

of  all  persons  entitled  to  register,  and  shall  remain  theie  at  least  one 
dav  froln  eij?ht  o'clock  in  the  iiiornin«j:  until  sunset.  Thev  shall  give 
at  least  twenty  days*  notice  of  the  time  when,  and  the  ])lacc  in  the  i)re- 
cinct  where,  they  will  attend  to  register  applicants  for  registration, 
by  hills  posted  at  five  or  more  public  places  in  each  election  precinct, 
and  by  advertisement  once  a  week  for  three  successive  weeks  in  a 
newspaper,  if  there  be  one  pul)lished  in  the  county.  Upon  failur  to 
give  such  notice,  or  to  attend  any  appointment  uuide  by  them  in  any 
precinct,  they  shall,  after  like  notice,  fill  new  appointments  therein; 
but  the  time  consumed  by  the  board  in  completnig  such  registration 
shall  not  exceed  sixty  working  days  in  any  county,  except  that  in 
counties  of  more  than  nine  hundred  s(}uare  miles  in  area,  such  board 
may  consume  seventy-five  working  days  in  completing  the  registra- 
tion, and  except  that  in  counties  in  which  there  is  any  city  or  eight 
thousand  or  more  inhabitants,  the  board  may  remain  in  session,  in 
addition  to  the  time  hereinbefore  prescribed,  for  not  more  than  three 
successive  weeks  in  each  of  such  cities;  and  thereafter  the  board  may 
sit  from  time  to  time  in  each  of  such  cities  not  more  than  one  week  in 
each  month,  and  except  that  in  the  county  of  Jefferson  the  board  may 
hold  an  additional  session  of  not  exceeding  five  consecutive  days 
duration  for  each  session,  in  each  town  or  city  of  more  than  one 
thousand  and  less  than  eight  thousand  inhabitants.  No  person  shall 
be  registered  except  at  the  county  site  or  in  the  precinct  in  which  he 
resides.  The  registrars  shall  issue  to  each  person  registered  a  certifi- 
cate of  registration. 

Third — The  Board  of  Registrars  shall  not  register  any  person 
between  the  first  day  of  August,  nineteen  hundred  and  two,  and  the 
Friday  next  preceding  the  day  of  election  in  November,  nineteen 
hundred  and  two.  On  Friday  and  Saturday  next  preceding  the  day 
of  election  in  November,  nineteen  hundred  and  two,  they  shall  sit  in 
the  court  house  of  each  count}^  during  such  days,  and  shall  register  all 
applicants  having  the  qualifications  prescribed  by  Section  180  of  this 
Constitution,  and  not  disqualified  under  Section  182,  who  shall  have 
reached  the  age  of  twenty-one  years  after  the  first  day  of  August, 
nineteen  hundred  and  two,  or  who  shall  prove  to  the  reasonable  satis- 
faction of  the  board  that,  by  reason  of  physical  disability  or  unavoid- 
able absence  from  the  county,  they  had  no  opportunity  to  register 
prior  to  the  first  day  of  August,  nineteen  hundred  and  two,  and  they 
shall  not  on  such  days  register  any  other  persons.  AVhen  there  are 
two  or  more  court  houses  in  a  county,  the  registrars  may  sit  during 
such  two  days  at  the  court  house  they  may  select,  but  shall  give  ten 
days'  notice,  by  bills  posted  at  each  of  the  court  houses,  designating 
the  court  house  at  which  they  will  sit. 

Fourth — The  Board  of  Registrars  shall  hold  sessions  at  the  court 
house  of  their  respective  counties  during  the  entire  third  week  in 
November,  nineteen  hundred  and  two,  and  for  six  working  days  next 
prior  to  the  twentieth  day  of  December,  nineteen  hundred  and  two, 
during  which  sessions  they  shall  register  all  persons  applying  who 
possess  the  qualifications  prescrilx'd  in  Section  180  of  this  Constitu- 
tion, and  who  shall  not  W  disqualified  under  Section  182.  In  counties 
where  there  are  more  than  two  court  houses  the  Board  of  Regis- 
trars shall  divide  the  time  equally  between  them.  The  Board  of 
Registrars  shall  give  notice  of  the  time  and  place  of  such  sessions 


Alabama— 1901  213 

by  posting  notices  at  each  court  house  in  their  respective  counties,  and 
at  each  voting  phice  and  at  three  other  public  places  in  the  county, 
and  by  j)ublication  once  a  week  for  t"\vo  consecutive  weeks  in  a  news- 
paper, if  one  be  published  in  the  county;  such  notices  to  be  posted 
and  such  i)ublications  to  be  connnenced  as  early  as  practicable  in  the 
first  Aveek  of  November,  nineteen  hundred  and  two.  Failure  on  the 
part  of  the  registrars  to  conform  to  the  provisions  of  this  article  as 
to  the  giving  of  the  required  notices  shall  not  invalidate  any  registra- 
tion made  by  them. 

Fifth — The  Board  of  Registrars  shall  have  power  to  examine,  under 
oath  or  affirmation,  all  applicants  for  registration,  and  to  take  testi- 
mony touching  the  qualifications  of  such  applicants.  P^ach  member 
of  such  board  is  authorized  to  administer  the  oath  to  be  taken  by  the 
applicants  and  witnesses,  which  shall  be  in  the  following  form,  and 
subscribed  by  the  person  making  it,  and  preserved  by  the  board, 
namely:  "  I  solemnly  swear  (or  affirm)  that  in  the  matter  of  the  ap- 
plication of for  registration  as  an  elector,  I  will  speak 

the  truth,  the  whole  truth,  and  nothing  but  the  truth,  so  help  me 
God."  Any  person  Avho  upon  such  examination  makes  any  wilfully 
false  statement  in  reference  to  any  material  matter  touching  the  quali- 
fication of  any  applicant  for  registration,  shall  be  guilty  of  perjury, 
and  upon  conviction  thereof,  shall  be  imprisoned  in  the  penitentiary 
for  not  less  than  one  nor  more  than  five  years. 

Sixth — The  action  of  the  majority  of  the  Board  of  Registrars  shall 
be  the  action  of  the  board  and  a  majority  of  the  board  shall  constitute 
a  quorum  for  the  transaction  of  all  business.  Any  person  to  whom 
registration  is  denied  shall  have  the  right  of  appeal,  wdthout  giving 
security  for  costs,  wathin  thirty  days  after  such  denial,  by  filing  a 
petition  in  the  Circuit  Court  or  court  of  like  jurisdiction  held  for  the 
county  in  which  he  seeks  to  register,  to  have  his  qualifications  as  an 
elector  determined.  Upon  the  filing  of  the  petition  the  clerk  of  the 
court  shall  give  notice  thereof  to  any  Solicitor  authorized  to  represent 
the  State  in  said  county,  whose  duty  it  shall  be  to  appear  and  defend 
against  the  petition  on  behalf  of  the  State.  Upon  such  trial  the 
court  shall  charge  the  jury  only  as  to  what  constitutes  the  qualifica- 
tions that  entitle  the  applicant  to  become  an  elector  at  the  time  he 
applied  for  registration,  and  the  jury  shall  determine  the  weight  and 
effect  of  the  evidence  and  return  a  verdict.  From  the  judgment  ren- 
dered an  appeal  will  lie  to  the  Supreme  Court  in  favor  of  the  peti- 
tioner, to.  be  taken  wnthin  thirty  days.  Final  judgment  in  favor  of 
the  petitioner  shall  entitle  him  to  registration  as  of  the  date  of  his 
application  to  the  registrars. 

Seventh — The  Secretary  of  State  shall,  at  the  expense  of  the  State, 
have  prepared  and  shall  furnish  to  the  registrars  and  judges  of  pro- 
bate of  the  several  counties  a  sufficient  number  of  registration  books 
and  of  blank  forms  of  the  oath,  certificates  of  registration  and  notices 
required  to  be  given  by  the  registrars.  The  cost  of  the  publication  in 
newspapers  of  the  notices  required  to  be  given  by  the  registrars  shall 
be  paid  by  the  State,  the  bills  therefor  to  be  rendered  to  the  Secretary 
of  State  and  approved  by  him. 

Eighth — Any  person  who  registers  for  another,  or  who  registers 
more  than  once,  and  any  registrar  who  enters  the  name  of  any  person 
on  the  list  of  registered  voters,  without  such  person  having  made 


214  Ahhania— 1.901 

application  in  person  under  oath  on  a  form  ])rovi(Jed  for  that  purpose, 
or  who  knowinfj;ly  rog^isters  any  jKn'son  more  than  once,  or  who  know- 
ingly enters  a  nanu*  upon  the  registration  list  as  the  name  of  a  voter, 
without  any  one  of  that  name  apj)lying  to  register,  shall  be  guilty  of 
a  felony,  and  upon  conviction  thereof  shall  be  imprisoned  in  the  peni- 
tentiary for  not  less  than  one  nor  more  than  five  years. 

187.  The  Hoard  of  Registrars  in  each  county  slnill,  on  or  Ik* fore  the 
first  day  of  February,  nineteen  hundred  and  three,  or  as  s(K)n  there- 
after as  ])racticable,  file  in  the  office  of  the  Judge  of  Probate  in  their 
county,  a  complete  list,  sworn  to  by  them,  of  all  persons  registered  in 
their  county,  showing  the  age  of  such  persons  so  registered,  with  the 
precinct  or  ward  in  which  each  of  such  persons  resides  set  o|)posite  the 
name  of  such  person,  and  shall  also  file  a  like  list  in  the  office  of  the 
Secretary  of  State.  The  Judge  of  Probate  shall,  on  or  before  the 
first  day  of  March,  nineteen  hundred  and  three,  or  as  soon  thereafter 
as  practicable,  cause  to  be  made  from  such  list  in  duplicate,  in  the 
books  furnished  by  the  Secretary  of  State,  an  alphabetical  list  by  pre- 
cincts of  the  persons  shown  by  the  list  of  registrars  to  have  been  reg- 
istered in  the  county,  and  shall  file  one  of  such  alphabetical  lists  in 
the  office  of  the  Secretary  of  State :  for  which  services  by  tlie  Judges 
of  Probate  compensation  shall  be  provided  by  the  Ix^gislature.  The 
Judges  of  Probate  shall  keep  both  the  original  list  filed  by  the  regis- 
trars and  the  alphabetical  list  made  therefrom  as  records  in  the  office 
of  the  Judge  of  Probate  of  the  county.  Unless  he  shall  become  dis- 
qualified under  the  provisions  of  this  article,  any  one  who  shall  regis- 
ter prior  to  the  first  day  of  January,  nineteen  hundred  and  three,  shall 
remain  an  elector  during  life,  and  shall  not  be  required  to  register 
again  unless  he  changes  his  residence,  in  which  event  he  may  register 
again  on  production  of  his  certificate.  The  certificate  of  the  regis- 
trars or  of  the  Judge  of  Probate  or  of  the  Secretary  of  State  shall  be 
sufficient  evidence  to  establish  the  fact  of  such  life  registration.  Such 
certificate  shall  be  issued  free  of  charge  to  the  elector,  and  the  I^egis- 
lature  shall  provide  by  law  for  the  renewal  of  such  certificate  when 
lost,  mutilated  or- destroyed. 

188.  From  and  after  the  first  day  of  January,  nineteen  hundred 
and  three,  any  applicant  for  registration  may  he  required  to  state 
under  oath,  to  be  administered  by  the  registrar  or  by  any  person 
authorized  by  law  to  administer  oaths,  where  he  lived  during  the  five 
years  next  preceding  the  time  at  which  he  applies  to  register,  and  the 
name  or  names  by  which  he  Avas  known  during  that  period,  and  the 
name  of  his  employer  or  employers,  if  any,  during  such  period.  Any 
applicant  for  registration  who  refuses  to  state  such  facts,  or  any  of 
them,  shall  not  be  entitled  to  register,  and  any  person  so  offering  to 
register,  who  wilfully  makes  a  false  statement  in  regard  to  such  mat- 
ters, or  any  of  them,  shall  be  guilty  of  perjury,  and  upon  conviction 
thereof  shall  be  im])risoned  in  the  penitentiary  for  not  less  than  one 
nor  more  than  five  years. 

180.  In  the  trial  of  any  contested  election,  and  in  proceedings  to 
investigate  any  election,  and  in  criminal  prosecutions  for  violations 
of  the  election  laws,  no  person  other  than  a  defendant  in  such  criminal 
prosecutions  shall  be  allowed  to  withhold  his  testimony  on  the  ground 


Alabama— 1,901  215 

that  lie  may  criminate  liimself  or  subject  himself  to  ])iil)lic  infamy; 
hut  such  person  shall  not  be  prosecuted  for  any  ott'ense  arisinj^  out  of 
the  transactions  concerning  which  he  testified,  but  may  be  prosecuted 
for  perjury  connnitted  on  such  examination. 

190.  The  Legislature  shall  pass  laws  not  inconsistent  with  this 
Constitution  to  regulate  and  govern  elections,  and  all  such  laws  shall 
be  uniform  throughout  the  State;  and  shall  provide  by  law  for  the 
manner  of  holding  elections  and  of  ascertaining  the  result  of  the 
same,  and  shall  provide  general  registration  laws  not  inconsistent 
with  the  provisions  of  this  article,  for  the  registration  of  all  qualified 
electors  from  and  after  the  first  day  of  January,  nineteen  hundred 
and  three.  The  Legislature  shall  also  make*  provision  b\^  law,  not 
inconsistent  with  this  article,  for  the  regulation  of  primary  elections, 
and  for  punishing  frauds  at  the  same,  but  shall  not  make  primary 
elections  compulsory.  The  Legislature  shall  by  law  provide  for 
l^urging  the  registration  list  of  the  names  of  those  who  die,  become 
insane,  or  convicted  of  crime,  or  otherwise  disqualified  as  electors 
under  the  provisions  of  this  Constitution,  and  of  any  names  Avhich 
may  have  been  fraudulently  entered  on  such  list  by  the  registrars; 
provided,  that  a  trial  by  jury  may  be  had  on  the  demand  of  any 
person  whose  name  is  j^roposed  to  be  stricken  from  the  list. 

191.  It  shall  be  the  duty  of  the  Legislature  to  pass  adequate  laws 
giving  protection  against  the  evils  arising  from  the  use  of  intoxicat- 
ing liquors  at  all  elections. 

192.  Electors  shall  in  all  cases,  except  treason,  felony  or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  elec- 
tions, or  while  going  to  or  returning  therefrom. 

193.  Returns  of  elections  for  members  of  the  Legislature  and  for 
all  civil  officers  who  are  to  be  commissioned  by  the  Governor,  except 
the  Attorney  General,  State  Auditor,  Secretary  of  State,  State  Treas- 
urer, Superintendent  of  Education,  and  Commissioner  of  Agriculture 
and  Industries,  shall  be  made  to  the  Secretary  of  State. 

194.  The  poll  tax  mentioned  in  this  article  shall  be  one  dollar  and 
fifty  cents  upon  each  male  inhabitant  of  the  State,  over  the  age  of 
twenty-one  years,  and  under  the  age  of  forty-five  years,  who  would 
not  now  be  exempt  by  law ;  but  the  Legislature  is  authorized  to  in- 
crease the  maximum  age  fixed  in  this  section  to  not  more  than  sixty 
years.  Such  poll  tax  shall  become  due  and  payable  on  the  first  day 
of  October  in  each  year,  and  become  delinquent  on  the  first  day  of 
the  next  succeeding  February,  but  no  legal  process,  nor  any  fee  or 
commission  shall  be  allowed  for  the  collection  thereof.  The  Tax  Col- 
lector shall  make  returns  of  poll  tax  collections  separate  from  other 
collections. 

195.  Any  person  who  shall  pay  the  poll  tax  of  another,  or  advance 
him  money  for  that  purpose  in  order  to  influence  his  vote,  shall  be 
guilty  of  bribery,  and  upon  conviction  therefor  shall  be  imprisoned 
in  the  penitentiary  for  not  less  than  one  nor  more  than  five  years. 

196.  If  any  section  or  subdivision  of  this  article  shall  for  any  rea- 
son be,  or  be  held  by  any  court  of  competent  jurisdiction  and  of  final 
resort  to  be,  invalid,  inoperative  or  void,  the  residue  of  this  article 
shall  not  be  therebv  invalidated  or  affected. 


216  AJahama—1901 

Aktici.k   IX 

KKPKESKNTATION 

197.  The  whole  number  of  Senators  shall  be  not  less  than  one- 
fourth,  or  more  than  one-third  of  the  whole  number  of  Represent- 
atives. 

198.  The  House  of  Representatives  shall  consist  of  not  more  than 
one  hundred  and  five  members  unless  new  counties  shall  be  created,  in 
which  event  each  new  county  shall  be  entitled  to  one  Representative. 
The  memlH'rs  of  the  House  of  Rej)resentatives  shall  be  apportioned  by 
the  Ijc^islature  among  the  several  counties  of  the  State,  according  to 
the  number  of  inhabitants  in  them  respectivelv,  as  ascertained  by  the 
decennial  census  of  the  United  States,  which  apportionment  when 
made  shall  not  be  subject  to  alteration  until  the  next  session  of  the 
Legislature  after  the  next  decennial  census  of  the  United  States  shall 
have  been  taken. 

199.  It  shall  be  the  duty  of  the  Legislature  at  its  first  session  after 
the  taking  of  the  decennial  census  of  the  United  States  in  the  year 
nineteen  hundred  and  ten,  and  after  each  subsequent  decennial  cen- 
sus, to  fix  by  law  the  number  of  Representatives,  and  apportion  them 
amon^  the  several  counties  of  the  State,  according  to  the  number  of 
inhabitants  in  them  respectively ;  provided,  that  each  county  shall 
be  entitled  to  at  least  one  Representative. 

200.  It  shall  he  the  duty  of  the  I^egislature  at  its  first  session  after 
taking  the  decennial  census  of  the  United  States  in  the  year  nineteen 
hundred  and  ten,  and  after  each  subsequent  decennial  census,  to  fix 
by  law  the  number  of  Senators  and  to  divide  the  State  into  as  many 
Senatorial  districts  as  there  are  Senators,  which  districts  shall  be  as 
nearly  equal  to  each  other  in  the  number  of  inhabitants  as  may  be, 
and  each  shall  be  entitled  to  one  Senator,  and  no  more;  and  such  dis- 
tricts when  formed,  shall  not  be  changed  until  the  next  apportion- 
ing session  of  the  legislature,  after  the  next  decennial  census  of  the 
United  States  shall  have  been  taken;  provided,  that  counties  created 
after  the  next  preceding  apportioning  session  of  the  legislature  may 
be  attached  to  Senatorial  districts.  No  county  shall  be  divided 
between  two  districts,  and  no  district  shall  be  made  up  of  two  or  more 
counties  not  contiguous  to  each  other. 

201.  Should  any  decennial  census  of  the  United  States  not  be  taken, 
or  if  when  taken,  the  same,  as  to  this  State,  be  not  full  and  satisfac- 
tory, the  Legislature  shall  have  power  at  its  first  session  after  the 
time  shall  have  elapsed  for  the  taking  of  sjiid  census,  to  provide  for 
an  enumeration  of  all  the  inhabitants  of  this  State,  upon  which  it 
shall  be  the  duty  of  the  Legislature  to  make  the  apportionment  of 
Representatives  and  Senators  as  provided  for  in  this  article. 

202.  Until  the  Legislature  shall  make  an  apportionment  of  Repre- 
sentatives among  the  several  counties,  as  provided  in  the  preceding 
section,  the  counties  of  Autauga.  Baldwin,  Bibl),  Blount,  Cherokee, 
Chilton,  Choctaw,  Clay,  Cleburne,  Coffee,  Colbert,  Conecuh,  Coosa, 
Covington,  Crenshow,  Cullman,  Dale,  DeKalb.  Escambia,  Fayette, 
Franklin,  Geneva,  Greene,  Lamar,  Lawrence.  Limestone,  Macon, 
Marion,  Marshall,  Monroe,  Pickens,  Randolph.  St.  Clair,  Shelby, 
Washington,  and  Winston,  shall  each  have  one  Representative;  the 
counties  of  Barbour.  Bullock,  Butler,  Calhoun,  Chambers,  Clarke, 


Alabama — 1901  217 

Elmore,  P^towah,  Hale,  Henry,  Jackson,  Lauderdale,  Lee,  Lowndes, 
Madison,  Marengo,  Morgan,  Perry,  Pike,  Russell,  Sumter,  Talladega, 
Tallapoosa,  Tuscaloosa,  Walker,  and  Wilcox,  shall  each  have  two 
Representatives;  the  counties  of  Dallas  and  Mobile  shall  each  have 
three  Representatives;  the  county  of  Montgomerv  shall  have  four 
Representatives;  and  the  county  of  Jefferson  shall  have  seven- Rep- 
resentatives. 

203.  Until  the  Legislature  shall  divide  the  State  into  Senatorial 
districts,  as  herein  provided,  the  Senatorial  districts  shall  be  as 
follows : 

First  district,  Lauderdale  and  Limestone;  Second  district,  Law- 
rence and  Morgan;  Third  district,  Blount,  Cullman,  and  Winston; 
Fourth  district,  Madison;  Fifth  district,  Jackson  and  Marshall; 
Sixth  district,  Etowah  and  St.  Clair;  Seventh  district,  Calhoun; 
Eighth  district,  Talladega ;  Ninth  district.  Chambers  and  Randolph ; 
Tenth  district.  Tallapoosa  and  Elmore;  Eleventh  district,  Tusca- 
loosa; Twelfth  district,  Fayette,  Lamar  and  Walker;  Thirteenth  dis- 
trict, Jefferson ;  Fourteenth  district,  Pickens  and  Sumter;  Fifteenth 
district,  Autauga,  Chilton  and  Shelby;  Sixteenth  district,  Lowndes; 
Seventeenth  district,  Butler,  Conecuh  and  Covington;  Eighteenth 
district,  Bibb  and  Perry;  Nineteenth  district,  Choctaw,  Clarke,  and 
Washington;  Twentieth  district,  Marengo;  Twenty-first  district, 
Baldwin,  Escambia  and  Monroe;  Twenty-second  district,  Wilcox; 
Twenty-third  district.  Dale  and  Geneva ;  Twenty-fourth  district, 
Barbour;  Twenty-fifth  district.  Coffee,  Crenshaw^  and  Pike;  Twenty- 
sixth  district,  Bullock  and  Macon ;  Tw^enty-seventh  district,  Lee  and 
Russell;  Twenty-eighth  district,  Montgomery;  Tw^enty-nineth  dis- 
trict, Cherokee  and  DeKalb;  Thirtieth  district,  Dallas;  Thirty-first 
district,  Colbert,  Franklin  and  Marion;  Thirty-second  district, 
Greene  and  Hale;  Thirty-third  district.  Mobile;  Thirty-fourth  dis- 
trict, Cleburne,  Clay  and  Coosa;  Thirty-fifth  district,  Henry. 

Article  X 

EXEMPTIONS 

204.  The  personal  property  of  any  resident  of  this  State,  to  the 
value  of  one  thousand  dollars,  to  be  selected  by  such  resident,  shall 
be  exempt  from  sale  on  execution  or  other  process  of  an}^  court,  issued 
for  the  collection  of  any  debt  contracted  since  the  thirteenth  day  of 
July,  eighteeen  hundred  and  sixty-eight,  or  after  the  ratification  of 
this  Constitution. 

205.  Every  homestead,  not  exceeding  eighty  acres,  and  the  dwell- 
ings and  appurtenances  thereon,  to  be  selected  by  the  owner  thereof, 
and  not  in  any  city,  town  or  village;  or  in  lieu  thereof,  at  the  option 
of  the  owner,  any  lot  in  a  city,  town  or  village,  with  the  dwelling  and 
appurtenances  thereon,  owned  and  occupied  by  any  resident  of  this 
State,  and  not  exceeding  the  value  of  two  thousand  dollars,  shall  l^e 
exempt  from  sale  on  execution,  or  any  other  process  from  a  court; 
for  any  debt  contracted  since  the  thirteenth  day  of  July,  eighteen 
hundred  and  sixty-eight,  or  after  the  ratification  of  this  Constitu- 
tion. Such  exemption,  however,  shall  not  extend  to  any  mortgage 
lawfully  obtained,  but  such  mortgage  or  other  alienation  of  said 


218  Alabama— 1901 

homestead  by  the  owner  thereof,  if  a  married  man,  shall  not  lie  valid 
without  the  voluntary  signature  and  assent  of  the  wife  to  the  same. 

20G.  The  homestead  of  a  family,  after  the  death  of  the  owner 
thereof,  shall  ha  exempt  from  the  payment  of  any  debts  contracted 
since  the  thirteenth  day  of  July,  eignteen  hundred  and  sixty-eight,  or 
after'  the  ratification  of  this  Constitution,  in  all  cases,  during  the 
minority  of  the  children. 

207.  The  provisions  of  Sections  204  and  205  of  this  Constitution 
shall  not  Im?  so  construed  as  to  prevent  a  laborers'  lien  for  work  done 
and  performed  for  the  person  claiming  such  exemption,  or  a  me- 
chanics' lien  for  work  done  on  the  premises. 

208.  If  the  owner  of  the  homestead  die,  leaving  a  widow,  but  no 
children,  such  homestead  shall  be  exempt,  and  the  rents  and  profits 
thereof  shall  imire  to  her  lx»nefit. 

209.  The  real  and  personal  property  of  any  female  in  this  State, 
acquired  before  marriage,  and  all  property,  real  and  personal,  to 
which  she  may  afterwards  be  entitled  by  gift,  grant,  inheritance  or 
devise,  shall  be  and  remain  the  separate  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  any  debts,  obligations  or  engage- 
ments of  her  husband,  and  may  be  devised  or  bequeathed  by  her,  the 
same  as  if  she  were  a  feme  sole. 

210.  The  right  of  exemption  hereinbefore  secured  may  be  waived 
by  an  instrument  in  writing,  and  when  such  waiver  relates  to  realty, 
the  instrument  must  be  signed  by  both  the  husband  and  wife,  and 
attested  by  one  witness. 

Article  XI 

TAXATION 

211.  All  taxes  levied  on  property  in  this  State  shall  be  assessed  in 
exact  proportion  to  the  value  of  such  property,  but  no  tax  shall  be 
assessed  upon  any  debt  for  rent  or  hire  of  real  or  personal  property, 
while  owned  by  the  landlord  or  hirer  during  the  current  year  of  such 
rental  or  hire,  if  such  real  or  personal  property  be  assessed  at  its  full 
value. 

212.  The  power  to  levy  taxes  shall  not  be  delegated  to  individuals, 
or  private  corporations  or  associations. 

2K1  After  the  ratification  of  this  Constitution,  no  new  debt  shall 
l)e  created  against  or  incurred  by  this  State,  or  its  authority,  except 
to  repel  invasion  or  suppress  insurrection,  and  then  only  by  a  con- 
currence of  two-thirds  of  the  members  of  each  House  of  the  Legisla- 
ture, and  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  on  the 
Journals;  and  any  act  creating  or  incurring  any  new  debt  against 
this  State,  except  as  herein  provided  for,  shall  he  absolutely  void ; 
provided,  the^  (iovernor  may  l)e  authorized  to  negotiate  temporary 
loans,  never  to  exceed  three  hundred  thousand  dollars,  to  meet  the 
deficiencies  in  the  treasury,  and  until  the  same  is  paid  no  new  loan 
shall  lie  negotiated ;  provided  further,  that  this  section  shall  not  be 
so  construed  as  to  prevent  the  issuance  of  lx)nds  for  the  purpose  of 
refunding  the  existing  bonded  indebtedness  of  the  State. 

214.  The  legislature  shall  not  have  the  ])<)wer  to  levy,"  in  any  one 
year,  a  greater  rate  of  taxation  than  sixty-five  one  hundredths  of  one 
per  centum  oh  the  value  of  the  taxable  property  within  this  State. 


Alabama— 1901  219 

215.  No  county  in  this  State  shall  be  authorized  to  levy  a  greater 
rate  of  taxation,  in  any  one  year,  on  the  value  of  the  taxable  prop- 
erty therein,  than  one-half  of  one  per  centum;  provided,  that  to  pay 
debts  existing  on  the  sixth  day  of  December,  eighteen  hundred  and 
seventy-five,  an  additional  rate  of  one-fourth  of  one  per  centum  may 
be  levied  and  collected,  which  shall  be  appropriated  exclusively  to 
the  payment  of  such  debts  and  the  interest  thereon ;  provided  further, 
that  to  pay  any  debt  or  liability  now  existing  against  any  county, 
incurred  for  the  erection,  construction  or  maintenance  of  the  neces- 
sary public  buildings  or  bridges,  or  that  may  hereafter  be  created  for 
the  erection  of  necessary  public  buildings,  bridges  or  roads,  any 
county  may  levy  and  collect  such  special  taxes,  not  to  exceed  one- 
fourth  of  one  per  centum,  as  may  have  been  or  may  hereafter  be 
authorized  by  law,  which  taxes,  so  levied  and  collected,  shall  be 
applied  exclusively  to  the  purposes  for  Avhich  the  same  were  so  levied 
and  collected. 

216.  No  city,  town,  village,  or  other  municipal  corporation,  other 
than  as  provided  in  this  article,  shall  levy  or  collect  a  higher  rate 
of  taxation  in  any  one  year  on  the  property  situated  therein  than 
one-half  of  one  per  centum  of  the  value  of  such  property  as  assessed 
for  State  taxation  during  the  preceding  year ;  provided,  that  for  the 
purpose  of  paying  debts  existing  on  the  sixth  day  of  December, 
eighteen  hundred  and  sevent3^-five,  and  the  interest  thereon,  a  tax 
of  one  per  centum  may  be  levied  and  collected,  to  be  applied  exclu- 
sively to  the  payment  of  such  indebtedness;  and  provided  further, 
that  this  section  shall  not  apply  to  the  city  of  Mobile,  which  city 
may  from  and  after  the  ratification  of  this  Constitution  levy  a  tax 
not  to  exceed  the  rate  of  three-fourths  of  one  per  centum  to  pay  the 
expenses  of  the  city  government,  and  may  also  levy  a  tax  not  to 
exceed  three-fourths  of  one  per  centum  to  pay  the  debt  existing  on 
the  sixth  day  of  December,  eighteen  hundred  and  seventy-five,  with 
interest  thereon,  or  any  renewal  of  such  debt ;  and  provided  further, 
that  this  section  shall  not  apply  to  the  cities  of  Birmingham,  Hunts- 
ville  and  Bessemer,  and  the  town  of  Andalusia,  which  cities  and  town 
may  levy  and  collect  a  tax  not  to  exceed  one-half  of  one  per  centum, 
in  addition  to  the  tax  of  one-half  of  one  per  centum  as  hereinbefore 
allowed  to  be  levied  and  collected,  such  special  tax  to  be  applied 
exclusively  to  the  payment  of  interest  on  bonds  of  said  cities  of 
Birmingham,  Huntsville  and  Bessemer  and  town  of  Andalusia,  re- 
spectively, heretofore  issued  in  pursuance  of  law,  or  now  authorized 
by  law  to  be  issued,  and  for  a  sinking  fund  to  pay  off  said  bonds  at 
maturity  thereof;  and  provided  further,  that  this  section  shall  not 
apply  to  the  city  of  Montgomery,  which  city  shall  have  the  right  to 
levy  and  collect  a  tax  of  not  exceeding  one-half  of  one  per  centum  per 
annum  upon  the  value  of  taxable  property  therein,  as  fixed  for  State 
taxation,  for  general  purposes,  and  an  additional  tax  of  not  exceed- 
ing three-fourths  of  one  per  centum  per  annum  upon  the  value  of 
the  property  therein,  as  fixed  for  State  taxation,  to  be  devoted  ex- 
clusively to  the  payment  of  its  public  debt,  interest  thereon,  and 
renewals  thereof,  and  to  the  maintenance  of  its  i)ublic  schools,  and 
public  conveniences;  and  provided  further,  that  this  section  shall 
not  apply  to  Troy,  Attalla,  Gadsden,  Woodlawn,  Brewton,  Pratt 
City,  Ensley,  Wylam,  and  Avondale,  which  cities  and  towns  may 
from  and  after  the  ratification  of  this  Constitution,  levy  and  collect 


220  Alabama— 1901 

un  additional  tax  of  not  exceeding  one-half  of  one  per  centum;  and 
provided  further,  that  this  section  shall  not  apply  to  the  cities  of 
Decatur,  New  Decatur,  and  Cullman,  which  cities  may  from  and 
after  the  ratification  of  this  Constitution,  levy  and  collect  an  addi- 
tional tax  of  not  exceeding  three-tenths  of  one  per  centum  per 
annum;  such  sj^ecial  tax  of  said  city  of  Decatur  to  be  ai)plied  ex- 
clusively for  the  public  schools,  public  school  buildings,  and  public 
improvements;  and  such  special  tax  of  New  Decatur  and  Cullman 
to  be  applied  exclusively  for  educational  purposes,  and  to  Ik?  ex- 
pended under  their  respective  boards  of  Public  School  Trustees;  but 
this  additional  tax  shall  not  l>e  levied  by  Troy,  Attalla,  Gadsden, 
Woodlawn,  Brewton,  Pratt  City,  Ensley,  Wylam,  Avondale,  Decatur, 
New  Decatur,  or  Cullman  unless  authorized  by  a  majority  vote  of  the 
qualified  electors  voting  at  a  special  election  held  for  the  purpose  of 
ascertaining  whether  or  not  said  tax  shall  be  levied ;  and  provided 
further,  that  the  purposes  for  which  such  special  tax  is  sought  to 
be  levied  shall  be  stated  in  such  election  call,  and,  if  authorized,  the 
revenue  derived  from  such  special  tax  shall  be  used  for  no  other  pur- 
pose than  that  stated;  and  provided  further,  that  the  additional  tax 
authorized  to  l)e  levied  by  the  city  of  Troy,  when  so  levied  and  col- 
lected, shall  be  used  exclusively  in  the  payment  of  the  bonds  and  inter- 
est coupons  thereon,  hereafter  issued  in  the  adjustment  of  the  present 
bonded  indebtedness  of  said  city ;  and  provided  further,  that  the  addi- 
tional tax  authorized  to  be  levied  and  collected  by  the  city  of  Attalla 
shall,  when  so  levied  and  collected,  be  used  exclusively  in  the  payment 
of  bonds  to  the  amount  of  not  exceeding  twenty-five  thousand  dollars, 
and  the  interest  coupons  thereon,  hereafter  to  be  issued  in  the  adjust- 
ment of  the  present  indebtedness  of  said  city;  provided  further,  that 
the  governing  boards  of  said  cities,  which  are  authorized  to  levy  an 
additional  tax,  after  the  holding  of  an  election  as  aforesaid,  are 
hereby  authorized  to  provide  by  ordinance  the  necessary  machinery 
for  the  holding  of  said  election  and  declaring  the  result  thereof. 

217.  The  property  of  private  corporations,  associations  and  indi- 
viduals of  tins  State  shall  forever  be  taxed  at  the  same  rate;  pro- 
vided, this  section  shall  not  apply  to  institutions  devoted  exclusively 
to  religious,  educational  or  charitable  purposes. 

218.  The  Legislature  shall  not  have  the  power  to  require  counties 
or  other  municipal  corporations  to  pay  any  charges  which  are  now 
payable  out  of  the  State  treasury. 

219.  The  Legislature  may  levy  a  tax  of  not  more  than  two  and  one- 
half  i^r  centum  of  the  value  of  all  estates,  real  and  personal,  money, 
public  and  private  securities  of  every  kind,  in  this  State  passing  from 
any  person  who  may  die  seized  and  possessed  thereof,  or  of  any  j^art 
of  such  estate,  money  or  securities,  or  interest  therein  transferred  by 
the  intestate  laws  of  this  State  or  by  will,  deed,  grant,  bargain,  sale 
or  gift,  made  or  intended  to  take  effect  in  possession  after  death  of 
the  grantor,  devisor,  or  donor,  to  any  person  or  persons,  bodies  politic 
or  corporate,  in  trust  or  otherwise,  other  than  to  or  for  the  use  of 
the  father,  mother,  husband,  wife,  brothers,  sisters,  children  or  lineal 
descendants  of  the  grantor,  devisor,  donor  or  intestate. 


Alabama — 1901  221 

Article  XII 


CORPORATIONS 


MUNICIPAL   COBPORATIONS 


220.  No  person,  firm,  association  or  corporation  shall  be  author- 
ized or  permitted  to  use  the  streets,  avenues,  alleys  or  public  places 
of  any  city,  town  or  village  for  the  construction  or  operation  of  any 
public  utility  or  private  enterprise,  without  first  obtaining  the  consent 
of  the  proper  authorities  of  such  city,  town  or  village. 

221.  The  Legislature  shall  not  enact  any  law  which  will  permit 
any  person,  firm,  corporation  or  association  to  pay  a  privilege,  license 
or  other  tax  to  the  State  of  Alabama,  and  relieve  him  or  it  from  the 
payment  of  all  other  privilege  and  license  taxes  in  the  State. 

222.  The  Legislature,  after  the  ratification  of  this  Constitution, 
shall  have  authority  to  pass  general  laws  authorizing  the  counties, 
cities,  towns,  villages,  districts  or  other  j)olitical  subdivisions  of  covm- 
ties  to  issue  bonds,  but  no  bonds  shall  be  issued  under  authority  of  a 
general  law  unless  such  issue  of  bonds  be  first  authorized  by  a  major- 
ity vote  by  ballot  of  the  qualified  voters  of  such  county,  city,  town, 
village,  district,  or  other  political  subdivision  of  a  county,  voting  upon 
such  proposition.     The  ballot  used  at  such  election  shall  contain  the 

words  "  For  bond  issue,"  and  "Against  bond  issue," 

(the  character  of  the  bond  to  be  shown  in  the  blank  space,)  and  the 
voter  shall  indicate  his  choice  by  placing  a  cross  mark  before  or  after 
the  one  or  the  other.  This  section  shall  not  apply  to  the  renewal, 
refunding  or  reissue  of  bonds  lawfully  issued,  nor  to  the  issu- 
ance of  bonds  in  cases  where  the  same  have  been  authorized  by 
laws  enacted  prior  to  the  ratification  of  this  Constitution,  nor 
shall  this  section  apply  to  obligations  incurred  or  bonds  to  be 
issued  to  procure  means  to  pay  for  street  and  sidewalk  improve- 
ments or  sanitary  or  storm  water  sewers,  the  cost  of  which  is  to  be 
assessed,  in  whole  or  in  part,  against  the  property  abutting  said 
improvements  or  drained  by  such  sanitary  or  storm  water  sewers. 

223.  No  city,  town  or  other  municipality  shall  make  any  assess- 
ment for  the  cost  of  sidewalks  or  street  paving,  or  for  the  cost  of  the 
construction  of  any  sewers  against  property  abutting  in  such  street  or 
sidewalk  so  paved,  or  drained  by  such  sewers,  in  excess  of  the  in- 
creased value  of  such  property  by  reason  of  the  special  benefits 
derived  from  such  improvements. 

224.  No  county  shall  become  indebted  in  an  amount  including  pres- 
ent indebtedness,  greater  than  three  and  one-half  per  centum  of  the 
assessed  value  of  the  property  therein ;  provided,  this  limitation  shall 
not  affect  any  existing  indebtedness  in  excess  of  such  three  and  one- 
half  per  centum,  which  has  already  been  created  or  authorized  by 
existing  law  to  be  created;  provided,  that  any  county  which  has 
already  incurred  a  debt  exceeding  three  and  one-half  per  centum  of 
the  assessed  value  of  the  property  therein,  shall  be  authorized  to  incur 
an  indebtedness  of  one  and  a  half  per  centum  of  the  assessed  value  of 
such  property  in  addition  to  the  debt  already  existing.  Nothing 
herein  contained  shall  prevent  any  county  from  issuing  bonds,  or 
other  obligations,  to  fund  or  refund  any  mdebtedness  now  existing 
or  authorized  by  existing  laws  to  be  created. 

7251— VOL  1—07 17 


222  Alabama— 1901 

•22').  Xo  city,  town  or  otlipr  municipal  corporation  having  a  popu- 
lation of  less  than  six  thousand,  except  as  hereinafter  provided,  shall 
become  indebted  in  an  amount,  including  present  indebtedness, 
exceeding  five  per  centum  of  the  assessed  value  of  the  property 
therein,  except  for  the  construction  or  purchase  of  water  works,  gas 
or  electric  lighting  plants,  or  sewerage,  or  for  the  improvement  of 
streets,  for  which  purjwses  an  additional  indebtedness  not  exceeding 
three  per  centum  may  l>e  created;  provided,  this  limitation  shall  not 
affect  any  debt  now  authorized  by  law  to  be  created,  nor  any  temporary 
loans  to  be  paid  within  one  year,  made  in  anticipation  of  the  collec- 
tion of  taxes,  not  exceeding  (me- fourth  of  the  annual  revenues  of  such 
city  or  town.  All  towns  and  cities  having  a  population  of  six  thou- 
sand or  more,  also  Gadsden,  ICnsley,  Decatur,  and  New  Decatur,  are 
hereby  authorized  to  Ijecome  indebted  in  an  amount,  including  present 
indebtedness,  not  exceeding  seven  per  centum  of  the  assessed  valua- 
tion of  the  property  therein,  provided  that  there  shall  not  l)e  included 
in  the  limitation  of  the  indebtedness  of  such  last  described  cities  and 
towns  the  following  classes  of  indebtedness,  to-wit :  Temporary  loans, 
to  be  paid  within  one  year,  made  in  anticipation  of  the  collection  of 
taxes,  and  not  exceeding  one-fourth  of  the  general  revenues,  bonds  or 
other  obligations  already  issued,  or  which  may  hereafter  be  issued  for 
the  purpose  of  acquiring,  providing  or  constructing  school  houses, 
water  works  and  sewers;  and  obligations  incurred  and  bonds  issued 
for  street  or  sidewalk  improvements,  where  the  cost  of  the  same,  in 
whole  or  in  part,  is  to  he  assessed  against  the  property  abutting  said 
improvements;  provided,  that  the  proceeds  of  all  obligations  issued 
as  herein  provided,  in  excess  of  said  seven  per  centum  shall  not  be 
used  for  any  purpose  other  than  that  for  which  said  obligations  were 
issued.  Nothing  contained  in  this  article  shall  prevent  the  funding 
or  refunding  of  existing  indebtedness.  This  section  shall  not  apply 
to  the  cities  of  Sheffield  and  Tuscumbia. 

226.  No  city,  town  or  village,  whose  present  indebtedness  exceeds 
the  limitation  imposed  by  this  Constitution,  shall  be  allowed  to 
become  indebted  in  any  further  amount,  except  as  otherwise  provided 
in  this  Constitution,  until  such  indebtedness  shall  be  reduced  within 
such  limit;  provided,  however,  that  nothing  herein  contained  shall 
prevent  any  municipality,  except  the  city  of  Gadsden,  from  issuing 
bonds  already  authorized  by  law ;  provided  further,  that  this  section 
shall  not  apply  to  the  cities  of  Sheffield  and  Tuscumbia, 

227.  Any  person,  firm,  association  or  corporation  who  may  con- 
stnict  or  ojjerate  any  public  utility  along  or  across  the  public  streets 
of  any  city,  town  or  village,  under  any  privilege  or  franchise  permit- 
ting such  construction  or  operation,  shall  be  liable  to  abutting  propri- 
etors for  the  actual  damage  done  to  the  abutting  property  on  account 
of  such  construction  or  operation. 

228.  No  city  or  town  having  a  population  of  more  than  six  thou- 
sand shall  have  authority  to  grant  to  any  person,  firm,  corporation  or 
association  the  right  to  use  its  streets,  avenues,  alleys,  or  public  places 
for  the  construction  or  operation  of  water  works,  gas  works,  tele- 
phone or  telegraph  line,  electric  light  or  jjower  plants,  steam  or  other 
heating  plants,  street  railroads,  or  any  other  public  utility,  except 
railroads  other  than  street  railroads  for  a  longer  period  than  thirty 
years. 


Alabama— 1901  223 

PBIVATE   COBPOBATIONS 

229.  The  Legislature  shall  pass  no  special  act  conferring  corporate 
powers,  but  it  shall  pass  general  laws  under  which  corporations  may 
be  organized  and  corporate  powers  obtained,  subject,  nevertheless,  to 
repeal  at  the  will  of  the  Legislature ;  and  shall  pass  general  laws 
under  which  charters  may  be  altered  or  amended.  The  Legislature 
shall,  by  general  law,  provide  for  the  payment  to  the  State  of  Ala- 
bama of  a  franchise  tax  by  corporations  organized  under  the  laws  of 
this  State,  which  shall  be  in  proportion  to  the  amount  of  capital 
stock;  but  strictly  benevolent,  educational  or  religious  corporations 
shall  not  be  required  to  pay  such  a  tax.  The  charter  of  any  corpora- 
tion shall  be  subject  to  amendment,  alteration  or  repeal  under  general 
laws. 

230.  All  existing  charters,  under  which  a  bona  fide  organization 
shall  not  have  taken  place  and  business  commenced  in  good  faith 
within  twelve  months  from  the  time  of  the  ratification  of  this  Con- 
stitution, shall  thereafter  have  no  validity. 

231.  The  Legislature  shall  not  remit  the  forfeiture  of  the  charter  of 
any  corporation  now  existing,  or  alter  or  amend  the  same,  nor  pass 
any  general  or  special  law  for  the  benefit  of  such  corporation,  other 
than  in  execution  of  a  trust  created  by  law  or  by  contract,  except 
upon  condition  that  such  corporation  shall  thereafter  hold  its  charter 
subject  to  the  provisions  of  this  Constitution. 

232.  No  foreign  corporation  shall  do  any  business  in  this  State 
without  having  at  least  one  laiown  place  of  business  and  an  author- 
ized agent  or  agents  therein,  and  without  filing  with  the  Secretary  of 
State  a  certified  copy  of  its  articles  of  incorporation  or  association. 
Such  corporation  may  be  sued  in  any  county  where  it  does  business, 
by  service  of  process  upon  an  agent  anywhere  in  the  State.  The 
Legislature  shall,  by  general  law,  provide  for  the  payment  to  the 
State  of  xUabama  of  a  franchise  tax  by  such  corporation,  but  such 
franchise  tax  shall  be  based  on  the  actual  amount  of  capital  employed 
in  this  State.  Strictly  benevolent,  educational  or  religious  corpora- 
tions shall  not  be  required  to  pay  such  a  tax. 

233.  Xo  corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter  or  articles  of  incorporation. 

234.  No  corporation  shall  issue  stock  or  bonds  except  for  money, 
labor  done  or  property  actually  received;  and  all  fictitious  increase 
of  stock  or  indebtedness  shall  be  void.  The  stock  and  bonded  indebt- 
edness of  corporations  shall  not  be  increased  except  in  pursuance  of 
general  laws,  nor  Avithout  the  consent  of  the  persons  holding  the 
larger  amount  in  value  of  stock,  first  obtained  at  a  meeting  to  be  held 
after  thirty  days'  notice,  given  in  pursuance  of  law. 

235.  Municipal  and  other  corporations  and  individuals  invested 
with  the  privilege  of  taking  property  for  public  use,  shall  make  just 
compensation,  to  be  ascertained  as  may  be  provided  by  law,  for  the 
property  taken,  injured  or  destroyed  by  the  construction  or  enlarge- 
ment of  its  works,  highways  or  improvements,  which  compensation 
shall  be  paid  before  such  taking,  injury  or  destruction.  The  legis- 
lature is  hereby  prohibited  from  denying  the  right  of  appeal  from 
any  preliminary  assessment  of  damages  against  any  such  cor])oia- 
tions  or  individuals  made  by  viewers  or  otherwise,  but  such  appeal 


224  Alabama— 1901 

shall  not  deprive  those  who  have  obtained  the  judgment  of  condemna- 
tion from  a  right  of  entry,  provided  the  amount  of  damages  assessed 
sliall  have  been  paid  in  the  court  in  money,  and  a  bond  shall  have 
been  given  in  not  less  than  double  the  amount  of  the  damages  assessed, 
with  good  and  sufficient  sureties,  to  pay  such  damages  as  the  property 
owner  may  sustain;  and  the  amount  of  damages  in  all  cases  of 
appeals  shall,  on  the  demand  of  either  party,  be  determined  by  a 
jury  according  to  law. 

230.  Dues  from  private  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law ;  but  in  no  case  shall  any  stock- 
holder be  individually  liable  otherwise  than  for  the  unpaid  .stock 
owned  by  him  or  her. 

237.  No  corporation  shall  issue  preferred  stock  without  the  con- 
sent of  the  owners  of  two-thirds  of  the  stock  of  said  corporation. 

238.  The  Legislature  shall  have  the  power  to  alter,  amend  or 
revoke  any  charter  of  incorporation  now  existing  and  revocable  at 
the  ratification  of  this  Constitution,  or  any  that  may  be  hereafter 
created,  whenever,  in  its  opinion,  such  charter  may  be  injurious  to  the 
citizens  of  this  State,  in  such  manner,  however,  that  no  injustice 
shall  l3e  done  to  the  stockholders. 

231).  Any  association  or  corporation  organized  for  the  purpose,  or 
any  individual,  shall  have  the  right  to  construct  and  mamtain  lines 
of  telegraph  and  telephone  within  this  State,  and  connect  the  same 
with  other  lines;  and  the  Legislature  shall,  by  general  law  of  uniform 
operation,  provide  reasonable  regulations  to  give  full  effect  to  this 
section.  No  telegraph  or  telephone  company  shall  consolidate  with 
or  hold  a  controlling  interest  in  the  stock  or  bonds  of  any  other  tele- 
graph or  telephone  company  owning  a  complete  line,  or  acquire,  by 
purchase  or  otherwise,  any  other  competing  line  of  telegraph  or 
telephone. 

240.  All  corporations  shall  have  the  right  to  sue,  and  shall  be  sub- 
ject to  be  sued,  in  all  courts  in  like  cases  as  natural  persons. 

241.  The  term  "  corporation,''  as  used  in  this  article,  shall  be  con- 
strued to  include  all  joint  stock  companies,  and  all  associations  having 
any  of  the  powers  or  privileges  of  corporations  not  possessed  by  indi- 
viduals or  partnerships. 

RAILBOADS    AND   CANALS 

242.  All  railroads  and  canals,  not  constructed  and  used  exclusively 
for  private  purposes,  shall  be  public  highways,  and  all  railroads  and 
canal  companies  shall  be  common  carriers.  Any  association  or  cor- 
poration organized  for  the  purpose  shall  have  the  right  to  construct 
and  operate  a  railway  between  any  points  in  this  State,  and  connect 
at  the  State  line  with  railroads  of  other  States.  Every  railroad  com- 
pany shall  have  the  right  with  its  road  to  intersect,  connect  with,  or 
cross  any  other  railroad,  and  <»ach  shall  receive  and  transport  the 
freight,  passengers  and  cars,  loaded  or  empty,  of  the  others,  without 
delay  or  discrimination. 

243.  The  power  and  authority  of  regulating  railroad  freight  and 
passenger  tariffs,  the  locating  and  building  of  passenger  and  freight 
depots,  correcting  abuses,  preventing  unjust  discrimination  and  extor- 
tion and  requiring  reasonable  and  ^ust  rates  of  freight  and  passenger 


Alabama— 1901  225 

tariffs,  are  hereby  conferred  upon  the  Legislature,  whose  duty  it  shall 
be  to  pass  laws  from  time  to  time  regulating  freight  and  passenger 
tariffs,  to  prohibit  unjust  discrimination  on  the  various  railroads, 
canals  and  rivers  of  the  State,  and  to  prohibit  the  charging  of  other 
than  just  and  reasonable  rates,  and  enforce  the  same  by  adequate 
penalties. 

244.  No  railroad  or  other  transportation  company  or  corporation 
shall  grant  free  passes  or  sell  tickets  or  passes  at  a  discount,  other 
than  as  sold  to  the  public  generally,  to  any  member  of  the  Legisla- 
ture, or  to  any  officer  exercising  judicial  functions  under  the  laws  of 
this  State;  and  any  such  member  or  officer  receiving  such  pass  or 
ticket  for  himself  or  procuring  the  same  for  another,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  exceeding 
five  hundred  dollars  and,  at  the  discretion  of  the  court  trying  the 
case,  in  addition  to  such  fine,  may  be  imprisoned  for  a  term  not 
exceeding  six  months,  and  upon  conviction,  shall  be  subject  to  im- 
peachment and  removal  from  office.  The  courts  having  jurisdiction 
shall  give  this  law  specially  in  charge  to  the  Grand  Juries,  and  when 
the  evidence  is  sufficient  to  authorize  an  indictment,  the  Grand  Jury 
must  present  a  true  bill.  The  Circuit  Court  or  any  court  of  like  juris- 
diction in  any  county  into  or  through  which  such  member  or  officer 
is  transported  by  the  use  of  such  prohibited  pass  or  ticket,  shall  have 
jurisdiction  of  the  case,  provided,  only  one  prosecution  shall  be  had 
for  the  same  offense;  and  provided  further,  that  the  trial  and  judg- 
ment for  one  offense  shall  not  bar  a  prosecution  for  another  offense, 
when  the  same  pass  or  ticket  is  used;  and  provided  further,  that 
nothing  herein  shall  prevent  a  member  of  the  Legislature  who  is  a 
bona  fide  employe  of  a  railroad  or  other  transportation  company  or 
corporation  at  the  time  of  his  election,  from  accepting  or  procuring 
for  himself  or  another,  not  a  member  of  the  Legislature,  or  officer 
exercising  judicial  functions,  a  free  pass  over  the  railroads  or  other 
transportation  company  or  corporation  by  which  he  is  employed. 

245.  No  railroad  company  shall  give  or  pay  any  rebate,  or  a 
bonus  in  the  nature  thereof,  directly  or  indirectly,  or  do  any  act  to 
mislead  or  deceive  the  public  as  to  the  real  rates  charged  or  received 
for  freights  or  passage;  and  any  such  payments  shall  be  illegal  and 
void,  and  these  prohibitions  shall  be  enforced  by  suitable  penalties. 

246.  No  railroad,  canal  or  transportation  company  in  existence  at 
the  time  of  the  ratification  of  this  Constitution  shall  have  the  benefit 
of  any  future  legislation  by  general  or  special  laws,  other  than  in 
execution  of  a  trust  created  by  law  or  by  contract,  except  on  condi- 
tion of  complete  acceptance  of  all  the  provisions  of  this  article. 

Article  XIII 

BANKS    AND   BANKING 

247.  The  Legislature  shall  not  have  the  power  to  establish  or  in- 
corporate any  bank  or  banking  company,  or  moneyed  institution,  for 
the  purpose  of  issuing  bills  of  credit,  or  bills  payable  to  order  or 
bearer,  except  under  the  conditions  prescribed  in  this  Constitution. 

248.  No  bank  shall  be  established  otherwise  than  under  a  general 
banking  law,  nor  other  than  upon  a  specie  basis;  provided,  that  any 


226  Alahmna—1901 

bank  may  be  established  with  authority  to  issue  bills  to  circulate  as 
money  in  an  amount  equal  to  the  face  value  of  bonds  of  the  United 
States,  or  of  this  State,  convertible  into  specie  at  their  face  value, 
which  shall,  before  such  bank  is  authorized  to  issue  bills  for  circula- 
tion, be  deposited  with  the  State  Treasurer,  or  other  depository  pre- 
scribed by  law,  in  an  amount  equal  to  the  aggregate  of  such  proposed 
issue,  with  power  in  such  treasurer  or  depository  to  dispose  of  any  or 
all  of  such  bonds  for  a  sufficient  amount  of  specie  to  redeem  the  cir- 
culating notes  of  such  bank  at  any  time  anu  without  delay,  should 
such  bank  suspend  specie  payment  or  fail  to  redeem  its  notes  on 
denumd. 

241).  All  bills  or  notes  issued  as  money  shall  be  at  all  times  re- 
deemable in  gold  or  silver,  and  no  law  shall  be  passed  sanctioning, 
directly  or  indirectly,  the  susj^ension  by  any  bank  or  banking  com- 
pany of  specie  payment. 

250.  Holders  of  bank  notes,  and  depositors  who  have  not  stipulated 
for  interest,  shall,  for  such  notes  and  deposits,  be  entitled,  in  case  of 
insolvency,  to  preference  of  payment  over  all  other  creditors;  pro- 
vided, this  section  shall  apply  to  all  banks,  whether  incorporated  or 
not. 

251.  Every  bank  or  banking  company  shall  be  required  to  cease  all 
banking  operations  within  twenty  years  from  the  time  of  its  organi- 
zation, unless  the  time  be  extended  by  law,  and  promptly  thereafter 
close  its  business;  but  after  it  has  closed  its  business  it  shall  have 
corporate  capacity  to  sue  and  shall  be  liable  to  suits  until  its  affairs 
and  liabilities  arc  fully  closed. 

252.  No  bank  shall  receive,  directly  or  indirectly,  a  greater  rate  of 
interest  than  shall  Ix":  allowed  by  law  to  individuals  for  lending 
money. 

253.  Neither  the  State  nor  any  jjolitical  subdivision  thereof  shall 
be  a  stockholder  in  any  bank,  nor  shall  the  credit  of  the  State  or  any 
political  subdivision  thereof  ever  be  given  or  lent  to  any  banking 
company,  association  or  corporation. 

254.  The  Legislature  shall  by  appropriate  laws  provide  for  the 
examination,  by  some  public  officer,  of  all  banks  and  banking  insti- 
tutions and  trust  companies  engaged  in  banking  business  in  this 
State;  and  each  of  such  banks  and  banking  companies  or  institutions 
shall,  through  its  j)resident  or  such  other  officer  as  the  Legislature 
may  designate,  make  a  report  under  oath  of  its  resources  and  lia- 
bilities at  least  twice  a  year. 

255.  The  provisions  of  this  article  shall  apply  to  all  banks  except 
National  banks,  and  to  all  trust  companies  and  individuals  doing  a 
banking  business,  whether  incorporated  or  not. 

Article  XIV 

EDUCATION 

256.  The  legislature  shall  establish,  organize  and  maintain  a  lib- 
eral system  of  public  schools  throughout  the  State  for  the  benefit  of 
the  children  thereof  l)etween  the  ages  of  seven  and  twenty-one  years. 
The  public  school  fund  shall  Ije  apportioned  to  the  several  counties  in 
proportion  to  the  number  of  school  children  of  school  age  therein,  and 


Alabama— 1901  227 

shall  be  so  apportioned  to  the  schools  in  the  districts  or  townships  in 
the  county  as  to  provide,  as  nearly  as  practicable,  school  terms  of 
equal  duration  in  such  school  districts  or  townships.  Separate  schools 
shall  be  provided  for  white  and  colored  children,  and  no  child  of 
either  race  shall  be  permitted  to  attend  a  school  of  the  other  race. 

257.  The  principal  of  all  funds  arising  from  the  sale  or  other  dis- 
position of  lands  or  other  property,  which  has  been  or  may  hereafter 
be  granted  or  entrusted  to  this  State  or  given  by  the  United  States  for 
educational  purposes  shall  be  preserved  inviolate  and  undiminished; 
and  the  income  arising  therefrom  shall  be  faithfully  applied  to  the 
specific  object  of  the  original  grants  or  appropriations. 

258.  All  lands  or  other  property  given  by  individuals,  or  appro- 
priated by  the  State  for  educational  purposes,  and  all  estates  of 
deceased  persons  Avho  die  without  leaving  a  w^ill  or  heir  shall  be  faith- 
fully applied  to  the  maintenance  of  the  jjublic  schools. 

259.  All  poll  taxes  collected  in  this  State  shall  be  applied  to  the 
support  of  the  public  schools  in  the  respective  counties  where  col- 
lected. 

260.  The  income  arising  from  the  Sixteenth  Section  trust  fund, 
the  surplus  revenue  fund,  until  it  is  called  for  by  the  United  States 
government,  and  the  funds  enumerated  in  Sections  257  and  258  of  this 
Constitution,  together  Avith  a  special  annual  tax  of  thirty  cents  on 
each  one  hundred  dollars  of  taxable  property  in  this  State,  which  the 
Legislature  shall  levy,  shall  be  applied  to  the  support  and  mainte- 
nance of  the  public  schools,  and  it  shall  be  the  duty  of  the  Legislature 
to  increase  the  public  school  fund  from  time  to  time,  as  the  aiecessity 
therefor  and  the  condition  of  the  treasury  and  the  resources  of  the 
State  may  justify;  provided,  that  nothing  herein  contained  shall  be 
so  construed  as  to  authorize  the  Legislature  to  levy  in  any  one  year  a 
greater  rate  of  State  taxation  for  all  purposes,  including  schools,  than 
sixty-five  cents  on  each  one  hundred  dollars  worth  of  taxable  prop- 
erty ;  and  provided  further,  that  nothing  herein  contained  shall  pre- 
vent the  Legislature  from  first  providing  for  the  payment  of  the 
bonded  indebtedness  of  the  State  and  interest  thereon  out  of  all  the 
revenues  of  the  State. 

261.  Not  more  than  four  per  cent,  of  all  moneys  raised,  or  which 
may  hereafter  be  appropriated  for  the  support  of  public  schools,  shall 
be  used  or  expended  otherw^ise  than  for  the  payment  of  teachers 
employed  in  such  schools ;  provided,  that  the  Legislature  may,  by  a 
vote  of  two-thirds  of  each  House,  suspend  the  operation  of  this 
section. 

262.  The  supervision  of  the  public  schools  shall  be  vested  in  a 
Superintendent  of  Education,  whose  powers,  duties  and  compensation 
shall  be  fixed  by  law. 

263.  No  money  raised  for  the  support  of  the  public  schools,  shall 
be  appropriated  to  or  used  for  the  support  of  any  sectarian  or  denom- 
inational school. 

264.  The  State  University  shall  be  under  the  management  and  con- 
trol of  a  board  of  trustees  which  shall  consist  of  two  memters  froui 
the  Congressional  district  in  Avhich  the  University  is  located,  one 
from  each  of  the  other  Congressional  districts  in  the  State,  the  Super- 
intendent of  Education  and  the  Governor  who  shall  be  ex-officio  presi- 
dent of  the  board.     The  members  of  the  Board  of  Trustees  as  now 


228  Akibania— 1.901 

constituted  shall  hold  office  until  their  respective  terms  expire  under 
existing  law,  and  until  their  successors  shall  be  elected  and  confirmed 
as  hereinafter  required.  Successors  to  those  trustees  whose  terms 
expire  in  nineteen  hundred  and  two  shall  hold  office  until  nineteen 
hundred  and  seven ;  successors  to  those  trustees  whose  terms  expire 
in  nineteen  hundred  and  four  shall  hold  office  until  nineteen  hundred 
and  eleven;  successors  to  those  trustees  whose  terms  expire  in  nine- 
teen hundred  and  six  shall  hold  office  until  nineteen  hundred  and 
fifteen ;  and  thereafter  their  successors  shall  hold  office  for  a  term  of 
twelve  years.  Wlien  the  term  of  any  member  of  such  board  shall 
expire,  the  remaining  members  of  the  board  shall  by  secret  ballot  elect 
his  successor;  provided,  that  any  trustee  so  elected  shall  hold  office 
from  the  date  of  his  election  until  his  confirmation  or  rejection  by  the 
Senate,  and,  if  confirmed,  until  the  expiration  of  the  term  for  which 
he  was  elected,  and  until  his  successor  is  elected.  At  every  meeting  of 
the  Legislature  the  Superintendent  of  P^ducation  shall  certify  to  the 
Senate  the  names  of  all  who  have  been  so  elected  since  the  last  session 
of  the  Legislature,  and  the  Senate  shall  confirm  or  reject  them,  as  it 
shall  determine  is  for  the  best  interest  of  the  University.  If  it  reject 
the  names  of  any  members,  it  shall  thereupon  elect  trustees  in  the 
stead  of  those  rejected.  In  case  of  a  vacancy  on  said  board  by  death 
or  resignation  or  a  member,  or  from  any  cause  other  than  the  expira- 
tion or  his  term  of  office,  the  board  shall  elect  his  successor  who  shall 
hold  office  until  the  next  session  of  the  legislature.  Xo  trustee  shall 
receive  any  pay  or  emolument  other  than  his  actual  expenses  incurred 
in  the  discharge  of  his  duties  as  such. 

265.  After  the  ratification  of  this  Constitution  there  shall  be  paid 
out  of  the  treasury  of  this  State,  at  the  time  and  in  the  manner  pro- 
vided by  law,  the  sum  of  not  less  than  thirty-six  thousand  dollars  per 
annum  as  interest  on  the  funds  of  the  University  of  Alabama,  here- 
tofore covered  into  the  treasury,  for  the  maintenance  and  support  of 
said  institution ;  provided,  that  the  Legislature  shall  have  the  power 
at  any  time  they  deem  proper  for  the  best  interest  of  said  University 
to  abolish  the  military  system  at  said  institution,  or  reduce  the  said 
system  to  a  department  of  instruction,  and  that  such  action  on  the 
part  of  the  I^egislature  shall  not  cause  any  diminution  of  the  amount 
of  the  annual  interest  payable  out  of  the  treasury  for  the  support  and 
maintenance  of  said  University. 

200.  The  Alabama  Polytechnic  Institute,  formerly  called  the  Agri- 
cultural and  Mechanical  College,  shall  he  under  the  management  and 
control  of  a  Board  of  Trustees,  which  shall  consist  of  two  members 
from  the  Congressional  district  in  which  the  institute  is  located,  and 
one  from  each  of  the  other  Congressional  districts  in  the  State,  the 
State  Superintendent  of  Education,  and  the  (iovernor,  who  shall 
be  ex-officio  president  of  the  board.  The  trustees  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  office  for  a  term  of  twelve  years,  and  until  their  suc- 
cessors shall  be  appointed  and  qualified.  The  board  shall  be  divided 
into  three  classes,  as  nearlv  equal  as  may  be,  so  that  one-third  may  be 
chosen  quadriennially.  ^^acancies  occurring  in  the  office  of  trustees 
from  death  or  resignation,  and  the  vacancies  regularly  occurring  in 
the  3'ear  nineteen  hundred  and  five,  shall  be  filled  by  the  Governor, 
and  such  appointee  shall  hold  office  until  the  next  .meeting  of  the  I><eg- 


Alabama — 1901  229 

islature.  Successors  to  those  trustees  whose  terms  expire  in  nineteen 
hundred  and  three  shall  hold  office  until  nineteen  hundred  and  eleven ; 
successors  to  those  whose  terms  of  office  expire  in  nineteen  hundred 
and  five  shall  hold  office  until  nineteen  hundred  and  fifteen ;  and  suc- 
cessors to  those  whose  terms  of  office  expire  in  nineteen  hundred  and 
seven  shall  hold  office  until  nineteen  hundred  and  nineteen.  No  trus- 
tee shall  receive  any  pay  or  emolument  other  than  his  actual  expenses 
incurred  in  the  discharge  of  his  duties  as  such 

267.  The  Legislature  shall  not  have  power  to  change  the  location 
of  the  State  University,  or  the  Alabama  Polytechnic  Institute,  or  the 
Alabama  school  for  the  Deaf  and  Blind,  or  the  Alabama  Girls'  Indus- 
trial school,  as  now  established  by  law,  except  upon  a  vote  of  two- 
thirds  of  the  Legislature  taken  by  yeas  and  nays  and  entered  upon 
the  Journals. 

268.  The  Legislature  shall  provide  for  taking  a  school  census  by 
townships  and  districts  throughout  the  State  not  oftener  than  once 
in  two  years,  and  shall  provide  for  the  punishment  of  all  persons  or 
officers  making  false  or  fraudulent  enumerations  and  returns;  pro- 
vided, the  State  Superintendent  of  Education  may  order  and  super- 
vise the  taking  of  a  new  census  in  any  township,  district  or  county, 
whenever  he  may  have  reasonable  cause  to  believe  that  false  or  fraud- 
ulent returns  have  been  made. 

269.  The  several  counties  in  this  State  shall  have  power  to  levy  and 
collect  a  special  tax  not  exceeding  ten  cents  on  each  one  hundred  dol- 
lars of  taxable  property  in  such  counties,  for  the  support  of  public 
schools;  provided,  that  the  rate  of  such  tax,  the  time  it  is  to  continue, 
and  the  purpose  thereof,  shall  haA^e  been  first  submitted  to  a  vote  of 
the  qualified  electors  of  the  county,  and  voted  for  by  three-fifths  of 
those  voting  at  such  election ;  but  the  rate  of  such  special  tax  shall 
not  increase  the  rate  of  taxation.  State  and  county  combined,  in  any 
one  year,  to  more  than  one  dollar  and  twenty-fiv'e  cents  on  each  one 
hundred  dollars  of  taxable  property ;  excluding,  however,  all  special 
county  taxes  for  public  buildings,  roads,  bridges  and  the  payment  of 
debts  existing  at  the  ratification  of  the  Constitution  of  eighteen 
hundred  and  seventy-five.  The  funds  arising  from  such  special 
school  tax  shall  be  so  apportioned  and  paid  through  the  proper  school 
officials  to  the  several  schools  in  the  townships  and  districts  in  the 
county  that  the  school  terms  of  the  respective  schools  shall  be  ex- 
tended by  such  supplement  as  nearly  the  same  length  of  time  as  prac- 
ticable; provided,  that  this  section  shall  not  apply  to  the  cities  of 
Decatur,  New  Decatur  and  Cullman. 

270.  The  provisions  of  this  article  and  of  any  act  of  the  Legislature 
passed  in  pursuance  thereof  to  establish,  organize  and  maintain  a 
system  of  public  schools  throughout  the  State,  shall  apply  to  Mobile 
county  only  so  far  as  to  authorize  and  require  the  authorities  desig- 
nated by  law  to  draw  the  portions  of  the  funds  to  which  said  county 
shall  be  entitled  for  school  purposes  and  to  make  reports  to  the  Super- 
intendent of  Education  as  may  be  prescribed  by  law ;  and  all  special 
incomes  and  powers  of  taxation  as  now  authorized  by  law  for  the 
benefit  of  public  schools  in  said  county  shall  remain  undisturbed  until 
otherwise  provided  by  the  Legislature ;  provided,  that  separate  schools 
for  each  race  shall  always  be  maintained  by  said  school  authorities. 


230  Alabama— 1901 


Arti(;le  XV 

MILITIA 

271.  The  Legislature  shall  have  power  to  declare  who  shall  con- 
stitute the  militia  of  the  State,  and  to  provide  for  organizing,  arm- 
ing and  disciplining  the  same ;  and  the  Legislature  may  provide  for 
the  organization  of  a  State  and  Naval  Militia. 

272.  The  legislature,  in  providing  for  the  organization,  equipment 
and  discipline  of  the  militia,  shall  conform  as  nearly  as  practicable 
to  the  regidations  for  the  government  of  the  armies  of  the  United 
States. 

273.  Each  company  and  regiment  shall  elect  its  own  company  and 
regimental  officers;  t)ut  if  any  company  or  regiment  shall  neglect  to 
elect  such  officers  within  the  time  prescribed  by  law,  they  may  be 
appointed  by  the  Governor. 

274.  Volunteer  organizations  of  infantry,  cavalry,  and  artillery 
and  naval  militia  may  be  formed  in  such  manner  and  under  such 
restrictions  and  w^ith  such  privileges  as  may  be  provided  by  law-. 

275.  The  militia  and  volunteer  forces  shall,  in  all  cases,  except 
treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  musters,  parades  and  elections,  and  in 
going  to  and  returning  from  the  same. 

270.  The  Governor  shall,  with  the  advice  and  consent  of  the  Senate, 
appoint  all  general  officers,  whose  terms  of  office  shall  be  four  years. 
The  Governor,  the  generals  and  regimental  and  battalion  commanders 
shall  appoint  their  ow^n  staffs,  as  may  be  provided  by  law. 

277.  The  Legislature  shall  provide  for  the  safe  keeping  of  the 
arms,  ammunition  and  accoutrements  and  military  records,  banners 
and  relics  of  the  State. 

278.  The  officers  and  men  of  the  militia  and  volunteer  forces  shall 
not  he  entitled  to  or  receive  any  pay,  rations  or  emoluments  when  not 
in  active  service. 

Article  XVI 

OATH   or  OFFICE  " 

279.  All  members  of  the  Legislature,  and  all  officers,  executive  and 
judicial,  before  they  enter  upon  the  execution  of  the  duties  of  their 
respective  offices,  shall  take  the  following  oath  or  affirmation : 

"I, ,  solemnly  swear  (or  affirm,  as  the  case  may  be). 

that  I  will  support  the  Constitution  of  the  United  States,  and  the 
Constitution  of  the  State  of  Alabama,  so  long  as  I  continue  a  citizen 
thereof;  and  that  I  will  faithfully  and  honestly  discharge  the  duties 
of  the  office  upon  which  I  am  about  to  enter,  to  the  best  of  mv  ability. 
So  help  me  God." 

The  oath  may  be  administered  by  the  presiding  officer  of  either 
House  of  the  Ijegislature,  or  by  any  officer  authorized  by  law  to 
administer  an  oath. 


Alabama — 1901  231 

Article  XVII 

MISCELLANEOUS    PROVISIONS 

280.  No  person  holding  an  office  of  profit  under  the  United  States, 
except  postmasters,  whose  annual  salaries  do  not  exceed  two  hundred 
dollars,  shall  during  his  continuance  in  such  office  hold  any  office  of 
profit  under  this  State;  nor,  unless  otherwise  jorovided  in  this  Con- 
stitution, shall  any  person  hold  two  offices  of  profit  at  one  and  the 
same  time  under  this  State,  except  Justices  of  the  Peace,  Constables, 
Notaries  Public  and  Commissioners  of  Deeds. 

281.  The  salary,  fees  or  compensation  of  any  officer  holding  any 
civil  office  of  profit  under  this  State  or  any  county  or  municipality 
thereof,  shall  not  be  increased  or  diminished  during  the  term  for 
which  he  shall  have  been  elected  oi"  appointed. 

282.  It  is  made  the  duty  of  the  I^egislature  to  enact  all  laws  neces- 
sary to  give  effect  to  the  provisions  or  this  Constitution. 

283.  The  act  of  the  General  Assembly  of  Alabama,  entitled,  "An 
Act  to  consolidate  and  adjust  the  bonded  debt  of  the  State  of  Ala- 
bama," approved  February  18th,  1895,  and  an  act  amendatory  thereof 
entitled,  "An  Act  to  amend  Section  6  of  an  act  to  consolidate  and 
adjust  the  bonded  debt  of  the  State  of  Alabama,  approved  February 
18th,  1895,"  which  said  last  namsed  act  was  approved  February  ICth, 
1899,  are  hereby  made  valid,  and  both  of  said  acts  shall  have  the  full 
force  and  effect  of  law,  except  insofar  as  they  authorize  the  redemp- 
tion before  maturitj^  of  the  bonds  authorized  by  said  acts  to  be  issued. 
The  Governor  is  authorized  and  empowered  to  act  under  the  same 
and  to  carry  out  all  the  provisions  thereof ;  provided,  that  the  bonds 
authorized  to  be  issued  by  said  acts  and  issued  thereunder  may  be 
made  payable  at  any  time,  not  exceeding  fifty  years  from  the  date 
thereof,  and  shall  not  l)e  ledeemable  until  their  maturity. 

Article  XVIII 

MODE   OF  AMENDING   THE    CONSTITUTION 

284.  Amendments  may  be  proposed  to  this  Constitution  by  the 
Legislature  in  the  manner  following:  The  proposed  amendments 
shall  be  read  in  the  House  in  which  they  originate  on  three  several 
days,  and  if  upon  the  third  reading  three-fifths  of  all  the  members 
elected  to  that  House  shall  vote  in  favor  thereof,  the  proposed  amend- 
ments shall  be  sent  to  the  other  House,  in  which  they  shall  likewise 
be  read  on  three  several  days,  and  if  upon  the  third  reading  three- 
fifths  of  all  the  members  elected  to  that  House  shall  vote  in  rayor  of 
the  proposed  amendments,  the  Legislature  shall  order  an  election  by 
the  qualified  electors  of  the  State  upon  the  proposed  amendments,  to 
be  held  either  at  the  general  election  next  succeeding  the  session  of 
the  Legislature  at  which  the  amendments  are  proposed  or  upon 
another  day  appointed  by  the  Legislature  not  less  than  three  months 
after  the  final  adjournment  of  the  session  of  the  Legislature  at  which 
the  amendments  were  proposed.  Notice  of  such  election,  together 
with  the  proposed  amendments,  shall  be  given  by  proclamation  of  the 


232  Alaharm—1901 

Governor,  which  shall  be  published  in  every  county  in  such  manner 
as  the  Legislature  shall  direct,  for  at  least  eight  successive  weeks  next 
preceding  the  da^  appointed  for  such  election.  On  the  day  so 
appointed  an  election  shall  be  held  for  the  vote  of  the  qualified  electors 
of  the  State  upon  the  proposed  amendments.  If  such  election  he  held 
on  the  day  of  the  general  election,  the  officers  of  such  general  election 
shall  open  a  poll  tor  the  vote  of  the  qualified  electors  upon  the  pro- 
posed amendments;  if  it  be  held  on  a  day  other  than  that  of  a  general 
election,  officers  for  such  election  shall  be  appointed,  and  the  election 
shall  be  held  in  all  things  in  accordance  with  the  law  governing  gen- 
eral elections.  In  all  elections  upon  such  proposed  amendments,  the 
votes  cast  thereat  shall  be  canvassed,  tabulated  and  returns  thereof  be 
made  to  the  Secretary  of  State,  and  counted,  in  the  same  manner  as 
in  elections  for  Representatives  to  the  Legislature;  and  if  it  shall 
thereupon  appear  that  a  majority,  of  the  qualified  electors  who  voted 
at  such  election  upon  the  proposed  amendments  voted  in  favor  of  the 
same,  such  amendments  shall  be  valid  to  all  intents  and  purposes  as 
parts  of  this  Constitution.  The  results  of  such  election  shall  bo  made 
known  by  proclamation  of  the  Governor.  Representation  in  the 
Legislature  shall  be  based  upon  population,  and  such  basis  of  repre- 
sentation shall  not  be  changed  by  constitutional  amendment. 

285.  Upon  the  ballots  used  at  all  elections  provided  for  in  Section 
284  of  this  Constitution,  the  substance  or  subject  matter  of  each  pro- 
posed amendment  shall  be  so  printed  that  the  nature  thereof  shall  be 
clearly  indicated.  Following  each  proposed  amendment  on  the  ballot 
shall  be  printed  the  word  "  Yes"  and  immediately  under  that  shall 
be  printed  the  word  "  No."  The  choice  of  the  elector  shall  be  indi- 
cated by  a  cross  mark  made  by  him  or  under  his  direction  opposite 
the  word  expressing  his  desire,  and  no  amendment  shall  l)e  adopted 
unless  it  receives  the  affirmative  vote  of  a  majority  of  all  the  qualified 
electors  who  vote  at  such  election. 

286.  No  convention  shall  hereafter  be  held  for  the  purpose  of  alter- 
ing or  amending  the  Constitution  of  this  State,  unless  after  the  I^egis- 
lature  by  a  vote  of  the  majority  of  all  the  members  elected  to  each 
House,  has  passed  an  act  or  resolution  calling  a  Convention  for  such 
purpose,  the  question  of  Convention  or  No  Convention  shall  be  first 
submitted  to  a  vote  of  all  the  qualified  electors  of  the  State  and  ap- 
proved by  a  majority  of  those  voting  at  such  election.  No  act  or 
resolution  of  the  Legislature  calling  a  convention  for  the  purpose  of 
altering  or  amending  the  Constitution  of  this  State,  shall  be  repealed, 
except  upon  the  vote  of  a  majority  of  all  the  members  elected  to  each 
House  at  the  same  session  at  which  such  act  or  resolution  was  passed ; 
provided,  nothing  herein  contained  shall  be  construed  as  restricting 
the  jurisdiction  and  power  of  the  convention,  when  duly  assembled  in 
pursuance  of  this  section,  to  establish  such  ordinances  and  to  do  and 
j)erform  such  things  as  to  the  convention  may  seem  necessary  or 
proper  for  the  purpose  of  altering,  revising,  or  amending  the  existing 
Constitution. 

287.  All  votes  of  the  Legislature  upon  proposed  amendments  to  this 
Constitution,  and  upon  bdls  or  resolutions  calling  a  Convention  for 
the  purpose  of  altering  or  amending  the  Constitution  of  this  State, 
shall  be  taken  by  yeas  and  nays  and  entered  on  the  Journals.     No  act 


Alabama — 1901  233 

or  resolution  of  the  Legislature  passed  in  accordance  with  the  pro- 
visions of  this  article,  proposing  amendments  to  this  Constitution,  or 
calling  a  convention  for  the  purpose  of  altering  or  amending  the  Con- 
stitution of  this  State,  shall  be  submitted  for  the  approval  of  the  Gov- 
ernor, but  shall  be  valid  without  his  approval. 

Schedule 

In  order  that  no  injury  or  inconvenience  may  arise  from  the  altera- 
tions and  amendments  made  by  this  Constitution  to  the  existing  Con- 
stitution of  this  State,  and  to  carry  this  Constitution  into  effect  it  is 
hereby  ordained  and  declared : 

1.  That  all  laws  in  force  at  the  ratification  of  this  Constitution  and 
not  inconsistent  therewith,  shall  remain  in  full  force  imtil  altered  or 
repealed  by  the  Legislature;  and  all  rights,  actions,  prosecutions, 
claims  and  contracts  of  the  State,  counties,  municipal  corporations, 
individuals,  or  bodies  corporate,  not  inconsistent  with  this  Constitu- 
tion, shall  continue  to  be  valid  as  if  this  Constitution  had  not  been 
ratified. 

2.  That  all  bonds  executed  by  or  to  any  officer  of  this  State,  all 
recognizances,  obligations,  and  all  other  instruments  executed  to  this 
State,  or  to  any  subdivision  or  municipality  thereof,  before  the  ratifi- 
cation of  this  Constitution,  and  all  fines,  taxes,  penalties,  and  for- 
feitures due  and  owing  to  the  State,  or  any  subdivision  or  munici- 
pality thereof,  and  all  writs,  suits,  prosecutions,  claims  and  causes  of 
action,  except  as  herein  otherwise  provided,  shall  continue  and  remain 
unaffected  by  the  ratification  of  this  Constitution.  All  indictments 
which  have  been  found,  or  which  may  hereafter  be  found,  for  any 
crime  or  offense  committed  before  the  ratification  of  this  Constitution 
shall  be  proceeded  upon  in  the  same  manner  as  if  this  Constitution 
had  not  been  ratified. 

3.  That  all  the  executive  and  judicial  officers  and  all  other  officers 
in  this  State,  who  were  elected  at  the  elections  held  in  this  State  on 
the  first  Monday  in  August  in  the  years  eighteen  hundred  and  ninety- 
eight  and  nineteen  hundred,  or  Avho  have  been  appointed  since  that 
time,  and  all  members  of  the  jjresent  General  Assembly  and  all  who 
may  be  hereafter  elected  members  of  the  present  General  Assembly, 
and  all  other  officers  holding  office  at  the  time  of  the  ratification  of 
this  Constitution,  shall,  except  as  otherwise  provided  in  this  Consti- 
tution, continue  in  office  and  exercise  the  duties  thereof  until  their 
respective  terms  shall  expire  as  provided  by  the  Constitution  of 
eighteen  hundred  and  seventy-five  or  the  laws  of  this  State. 

4.  This  Constitution  shall  be  submitted  to  the  qualified  electors  of 
this  State  for  ratification  or  rejection,  as  authorized  and  required  by 
an  act  of  the  General  Assembly  of  this  State,  entitled  "An  Act  to  pro- 
vide for  holding  a  convention  to  revise  and  amend  the  Constitution 
of  this  State,"  approved  the  eleventh  day  of  December,  nineteen  hun- 
dred; and  no  elector  shall  be  deprived  of  his  right  to  vote  at  the 
election  to  be  held  for  such  purpose  by  reason  of  his  not  being 
registered. 

5.  That  instead  of  the  publication  as  required  by  the  act  to  provide 
for  holding  a   convention   to  revise  and   amend   the   Constitution, 


234  Alabama— 1901 

approved  the  eleventh  day  of  December,  nineteen  hundred,  the  Gov- 
ernor of  this  State  is  hereby  authorized  to  take  such  steps  as  will 
give  general  publicity  and  circulation  to  this  Constitution  in  a  manner 
as  economical  as  practicable. 

6.  The  salaries  of  the  Executive  and  Judicial  and  all  other  officers 
of  this  State,  who  may  be  holding  office  at  the  time  of  the  ratification 
of  this  Constitution,  and  the  payment  of  the  j)resent  meml>ers  of  the 
General  Assembly,  shall  not  be  affected  by  the  provisions  of  this 
Constitution. 

Done  by  the  jwople  of  Alabama,  through  their  delegates  in  conven- 
tion assembled  in  the  hall  of  the  House  of  Representatives,  at  Mont- 
gomery, Alabama,  this  the  third  day  of  September,  Anno  Domini, 
nineteen  hundred  and  one. 

John  B.  Knox,  Preddent. 

Attest : 

Frank  N.  Julian,  Secretary. 


ALASKA 


TREATY  CEDING  ALASKA,  1867 

Convention  for  the  cession  of  the  Russian  possessions  in  Nortii  America  to  the 

United  States 

Concluded  March  30, 1867;  ratifications  exchanged  at  WaahhujUm  June  20,  1867; 
proclaimed  June  20,  1867 

The  United  States  of  America  and  His  Majesty  the  Emperor  of 
all  the  Russias,  being  desirous  of  strengthening,  if  possible,  the  good 
understanding  which  exists  between  them,  have,  for  that  purpose, 
appointed  as  their  Plenipotentiaries,  the  President  of  the  United 
States,  William  H.  Seward,  Secretary  of  State;  and  His  Majesty  the 
Emperor  of  all  the  Russias,  the  Privy  Counsellor  Edward  de  Stoeckl, 
his  Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the  United 
States ; 

And  the  said  Plenipotentiaries,  having  exchanged  their  full 
powers,  which  were  found  to  be  in  due  form,  have  agreed  upon  and 
signed  the  following  articles : 

Article  I 

His  Majesty  the  Emperor  of  all  the  Russias  agrees  to  cede  to  the 
United  States,  by  this  convention,  immediately  upon  the  exchange  of 
the  ratifications  thereof,  all  the  territory  and  dominion  now  possessed 
by  his  said  Majesty  on  the  continent  of  America  and  in  the  adjacent 
islands,  the  same  being  contained  within  the  geographical  limits 
herein  set  forth,  to  wit:  The  eastern  limit  is  the  line  of  demarcation 
l^etween  the  Russian  and  the  British  possessions  in  North  America, 
as  established  by  the  convention  between  Russia  and  Great  Britain, 
o  fFebruary  28-16, 1825,  and  described  in  Articles  III  and  IV  of  said 
convention,  in  the  following  terms: 

"  Commencing  from  the  sourthernmost  point  of  the  island  called 
Prince  of  Wales  Island,  which  point  lies  in  the  parallel  of  54  degrees 
40  minutes  north  latitude,  and  between  the  131st  and  133rd  degree  of 
west  longitude,  (meridian  of  Greenwich,)  the  said  line  shall  ascend 
to  the  north  along  the  channel  called  Portland  Channel,  as  far  as  the 
])oint  of  the  continent  where  it  strikes  the  56th  degree  of  north  lati- 
tude; from  this  last-mentioned  point,  the  line  of  demarcation  shall 
follow^  the  summit  of  the  mountains  situated  parallel  to  the  coast,  as 
far  as  the  point  of  intersection  of  the  141st  degree  of  west  longitude, 
(of  the  same  meridian;)  and  finally,  from  the  said  point  of  intersec- 
tion, the  said  meridian  line  of  the  141st  degree,  in  its  prolongation 
as  far  as  the  Frozen  Ocean, 

"  IV.  With  reference  to  the  line  of  demarcation  laid  down  in  the 
preceding  article,  it  is  understood — 

"  1st.  That  the  island  called  Prince  of  Wales  Island  shall  Mong 
wholly  to  Russia,"  (now,  by  this  cession  to  the  United  States.) 

235 


236  Alaska— 1867 

"  2nd.  That  whenever  the  summit  of  the  mountains  which  extend 
in  a  direction  parallel  to  the  coast  from  the  56th  degree  of  north 
latitude  to  the  point  of  intersection  of  the  141st  degree  of  west  longi- 
tude shall  prove  to  be  at  the  distance  of  more  than  ten  marine  leagues 
from  the  ocean,  the  limit  between  the  British  possessions  and  the  line 
of  coast  which  is  to  belong  to  Russia  as  above  mentioned,  (that  is  to 
say,  the  limit  to  the  possessions  ceded  by  this  convention,)  shall  be 
formed  by  a  line  parallel  to  the  winding  of  the  coast,  and  which 
shall  never  exceed  the  distance  of  ten  marine  leagues  therefrom." 

The  western  limit  within  which  the  territories  and  dominion  con- 
veyed are  contained  passes  through  a  point  in  Behring's  Straits  on 
the  parallel  of  sixty-five  degrees  thirty  minutes  north  latitude,  at 
its  intersection  by  the  meridian  which  passes  midway  between  the 
islands  of  Krusenstern  or  Ignalook,  and  the  island  of  Ratmanoff,  or 
Noonarbook,  and  proceeds  due  north  without  limitation,  into  the 
same  Frozen  Ocean.  The  same  western  limit,  beginning  at  the  same 
initial  point,  proceeds  thence  in  a  course  nearly  southwest,  through 
Behring's  Straits  and  Behring's  Sea,  so  as  to  pass  midway  between 
the  northwest  point  of  the  island  of  St.  Lawrence  and  the  southeast 
point  of  Cape  Choukotski,  to  the  meridian  of  one  hundred  and  sev- 
enty-two west  longitude ;  thence,  from  the  intersection  of  that  merid- 
ian, in  a  southwesterly  direction,  so  as  to  pass  midway  between  the 
island  of  Attou  and  the  Copper  Island  of  the  Kormandorski  couplet 
or  group,  in  the  North  Pacific  Ocean,  to  the  meridian  of  one  hundred 
and  ninety-three  degrees  west  longitude,  so  as  to  include  in  the 
territory  conveyed  the  whole  of  the  Aleutian  Islands  east  of  that 
meridian. 

Article  II 

In  the  cession  of  territory  and  dominion  made  by  the  preceding 
article  are  included  the  right  of  property  in  all  public  lots  and 
squares,  vacant  lands,  and  all  public  buildings,  fortifications,  bar- 
racks, and  other  edifices  which  are  not  private  individual  property. 
It  is,  however,  understood  and  agreed,  that  the  churches  which  have 
been  built  in  the  ceded  territory  by  the  Russian  Government,  shall 
remain  the  property  of  such  members  of  the  Greek  Oriental  Church 
resident  in  the  territory  as  may  choose  to  worship  therein.  Any 
Government  archives,  papers,  and  documents  relative  to  the  territory 
and  dominion  aforesaid,  which  may  now  be  existing  there,  will  be 
left  in  the  possession  of  the  ageiit  of  the  United  States;  but  an 
authenticated  copy  of  such  of  them  as  may  be  required,  will  be,  at  all 
times,  given  by  the  United  States  to  the  Russian  Government,  or  to 
such  Russian  officers  or  subjects  as  they  may  apply  for. 

Article  III 

The  inhabitants  of  the  ceded  territory,  according  to  their  choice, 
reserving  their  natural  allegiance,  may  return  to  Russia  within  three 
years;  but  if  they  should  prefer  to  remain  in  the  ceded  territory, 
they,  with  the  exception  of  uncivilized  native  tribes,  shall  be  ad- 
mitted to  the  enjoyment  of  all  the  rights,  advantages,  and  immuni- 
ties of  citizens  of  the  United  States,  and  shall  be  maintained  and 
protected  in  the  free  enjoyment  of  their  liberty,  property,  and 
religion.    The  uncivilized  tribes  will  be  subject  to  such  laws  and 


Alaska— 1867  237 

regulations  as  the  United  States  may  from  time  to  time  adopt  in 
regard  to  aboriginal  tribes  of  that  country. 

Article  IV 

His  Majesty,  the  Emperor  of  all  the  Russias  shall  appoint,  with 
convenient  dispatch,  an  agent  or  agents  for  the  purpose  of  formally 
delivering  to  a  similar  agent  or  agents,  appointed  on  behalf  of  the 
United  States,  the  territory,  dominion,  property,  dependencies,  and 
appurtenances  which  are  ceded  as  above,  and  for  doing  any  other  act 
which  may  be  necessary  in  regard  thereto.  But  the  cession,  with 
the  right  of  immediate  possession,  is  nevertheless  to  be  deemed  com- 
plete and  absolute  on  the  exchange  of  ratifications,  without  waiting 
for  such  formal  delivery. 

Article  V 

Immediately  after  the  exchange  of  the  ratifications  of  this  conven- 
tion, any  fortifications  or  military  posts  which  may  be  in  the  ceded 
territory  shall  be  delivered  to  the  agent  of  the  United  States,  and  any 
Russian  troops  which  may  be  in  the  territory  shall  be  withdrawn  as 
soon  as  may  be  reasonably  and  conveniently  practicable. 

Article  VI 

In  consideration  of  the  cession  aforesaid,  the  United  States  agree 
to  pay  at  the  Treasury  in  Washington,  within  ten  months  after  the 
exchange  of  the  ratifications  of  this  convention,  to  the  diplomatic 
representative  or  other  agent  of  His  Majesty  the  Emperor  of  all  the 
Russias,  duly  authorized  to  receive  the  same,  seven  million  two  hun- 
dred thousand  dollars  in  gold.  The  cession  of  territory  and  dominion 
herein  made  is  hereby  declared  to  be  free  and  unincumbered  by  any 
reservations,  privileges,  franchises,  grants,  or  possessions,  by  any  asso- 
ciated companies,  whether  corporate  or  incorporate,  Russian  or  any 
other,  or  by  any  parties  except  merely  private  individual  property- 
holders;  and  the  cession  hereby  made  conveys  all  the  rights,  fran- 
chises, and  privileges  now  belonging  to  Russia  in  the  said  territory 
or  dominion,  and  appurtenances  thereto. 

Article  VII 

When  this  convention  shall  have  been  duly  ratified  by  the  President 
of  the  United  States,  by  and  with  the  advice  .and  consent  of  the 
Senate,  on  the  one  part,  and,  on  the  other,  by  His  Majesty  the 
Emperor  of  all  the  Russias,  the  ratifications  shall  be  exchanged  at 
Washington  within  three  months  from  the  date  hereof,  or  sooner  if 
possible. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 
convention,  and  thereto  affixed  the  seals  of  their  arms. 

Done  at  Washington  the  thirtieth  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-seven. 

[seal.]  William  H.  Seward. 

[seal.]  Edouard  de  Stoeckl. 

7251— VOL  1—07 18 


238  Alaska- 1884 


CIVIL  GOVERNMENT  IN  ALASKA— 1884" 

fFORTV-KIFTH    rONGBl':8S,    SECOND    SESSION] 

An  Act  providing,'  a  civil  government  for  Alaslvu. 

Be  it  enacted  by  the  Senate  and  House  of  Representatircs  of  the 
United  Staten  of  Ameinca  in  Congress  assemhled.  That  the  territory 
ceded  to  the  United  States  bj'  Russia  by  the  treaty  of  March  thirtieth, 
eighteen  hiuuh-ed  and  sixty-seven  and  known  as  Ahiska.  shall  con- 
stitute a  civil  and  judicial  district,  the  government  of  which  shall  be 
organized  and  administered  as  hereinafter  provided.  The  temporary 
seat  of  government  of  said  district  is  hereby  established  at  Sitka. 

Sec.  2.  That  there  shall  be  appointed  for  the  said  district  a  gov- 
ernor, who  shall  reside  therein  during  his  term  of  office  and  be 
charged  with  the  interests  of  the  United  States  Government  that  may 
arise  within  said  district.  To  the  end  aforesaid  he  shall  have 
authority  to  see  that  the  laws  enacted  for  said  district  are  enforced, 
and  to  require  the  faithful  discharge  of  their  duties  by  the  officials 
appointed  to  administer  the  same.  He  may  also  grant  reprieves  for 
offenses  committed  against  the  laws  of  the  district  or  of  the  United 
States  until  the  decision  of  the  President  thereon  shall  be  made 
known.  He  shall  be  ex  officio  commander-in-chief  of  the  militia  of 
said  district,  and  shall  have  power  to  call  out  the  same  when  nec- 
essary to  the  due  execution  of  the  laws  and  to  preserve  the  peace, 
and  to  cause  all  able-bodied  citizens  of  the  Unitecl  States  in  said  dis- 
trict to  enroll  and  serve  as  such  when  the  public  exigency  demands; 
and  he  shall  perform  generally  in  and  over  said  district  such  acts 
as  pertain  to  the  office  of  governor  of  a  territory,  so  far  as  the  same 
may  be  made  or  become  applicable  thereto.  He  shall  make  an 
annual  report,  on  the  first  day  of  October  in  each  year,  to  the  Presi- 
dent of  the  United  States,  of  his  official  acts  and  doings,  and  of  the 
condition  of  said  district,  with  reference  to  its  resources,  industries, 
population,  and  the  administration  of  the  civil  government  thereof. 
And  the  President  of  the  United  States  shall  have  power  to  review 
and  to  confirm  or  annul  any  reprieves  granted  or  other  acts  done 
by  him. 

Sec.  3.  That  there  shall  be,  and  hereby  is,  established  a  district 
court  for  said  district,  with  the  civil  and  criminal  jurisdiction  of  dis- 
trict courts  of  the  United  States,  and  the  civil  and  criminal  jurisdic- 
tion of  district  courts  of  the  Uniteji  States  exercising  the  jurisdiction 
of  circuit  courts,  and  such  other  jurisdiction,  not  inconsistent  with 
this  act,  as  may  l)e  established  by  law ;  and  a  district  judge  shall  be 
appointed  for  said  district,  who  shall  during  his  term  of  ojffice  reside 
therein  and  hold  at  least  two  terms  of  said  court  therein  in  each  year, 
one  at  Sitka,  beginning  on  the  first  Monday  in  May.  and  the  other  at 
"Wrangel.  beginning  on  the  first  Monday  in  November.  He  is  also 
authorized  and  directed  to  hold  such  special  sessions  as  may  be  nec- 
essary for  the  dispatch  of  the  business  of  said  court,  at  such  times 

<»  For  other  acts  of  an  organic  nature  relating  to  Alaska  see  an  act  to  extend 
to  Alaska  the  laws  of  United  States  relating  to  customs,  commerce,  and  navi- 
gation, and  to  establish  a  collection  district  therein,  act  of  July  27.  1808;  to 
establish  a  crinunal  code  in.  March  '\.  1801):  to  regulate  town  coriKU'ations. 
Ajiril  28.  IfKH :  to  provide  for  the  establishment  and  care  of  roads  and  schools 
and  the  care  of  the  insane,  January  27,  1905. 


Alaska — 1884  239 

and  places  in  said  district  as  he  may  deem  expedient,  and  may 
adjourn  such  special  session  to  any  other  time  previous  to  a  regular 
session.  He  shall  have  authority  to  employ  interpreters,  and  to 
make  allowances  for  the  necessary  expenses  of  his  court. 

Sec.  4.  That  a  clerk  shall  be  appointed  for  said,  court,  who  shall 
be  ex  officio  secretary  and  treasurer  of  said  district,  a  district  attor- 
ne}^,  and  a  marshal,  all  of  whom  shall  during  their  terms  of  office 
reside  therein.  The  clerk  shall  record  and  preserve  copies  of  all 
the  laws,  proceedings,  and  official  acts  applicable  to  said  district. 
He  shall  also  receive  all  moneys  collected  from  fines,  forfeitures,  or 
in  any  other  manner  except  from  violations  of  the  custom  laws,  and 
shall  apply  the  same  to  the  incidental  expenses  of  the  said  district 
court  and  the  allowances  thereof,  as  directed  by  the  judge  of  said 
court,  and  shall  account  for  the  same  in  detail,  and  for  any  balances 
on  account  thereof,  quarterly,  to  and  under  the  direction  of  the  Sec- 
retary of  the  Treasury.  He  shall  be  ex  officio  recorder  of  deeds  and 
mortgages  and  certificates  of  location  of  mining  claims  and  other 
contracts  relating  to  real  estate  and  register  of  wills  for  said  dis- 
trict, and  shall  establish  secure  offices  in  the  towns  of  Sitka  and 
Wrangel,  in  said  district,  for  the  safekeeping  of  all  his  official  rec- 
ords, and  of  records  concerning  the  reformation  and  establishment 
of  the  present  status  of  titles  to  lands,  as  hereafter  directed :  Provided, 
That  the  district  court  hereby  created  may  direct,  if  it  shall  deem 
it  expedient,  the  establishment  of  separate  offices  at  the  settlements 
of  Wrangel,  Oonalashka,  and  Juneau  Citv,  respectively,  for  the 
recording  of  such  instruments  as  may  pertain  to  the  several  natural 
divisions  of  said  district  most  convenient  to  said  settlement,  the 
limits  of  which  shall,  in  the  event  of  such  direction,  be  defined  by  said 
court;  and  said  offices  shall  be  in  charge  of  the  commissioners 
respectively  as  hereinafter  provided. 

Sec.  5.  That  there  shall  be  appointed  bj''  the  President  four  com- 
missioners in  and  for  the  said  district  w^ho  shall  have  the  jurisdiction 
and  powers  of  commissioners  of  the  United  States  circuit  courts  in 
any  part  of  said  district,  but  who  shall  reside,  one  at  Sitka,  one  at 
Wrangel,  one  at  Oonalashka,  and  one  at  Juneau  City.  Such  commis- 
sioners shall  exercise  all  the  duties  and  powers,  civil  and  criminal, 
now  conferred  on  justices  of  the  peace  under  the  general  laws  of  the 
State  of  Oregon,  so  far  as  the  same  may  be  applicable  in  said  district, 
and  may  not  be  in  conflict  with  this  act  or  the  laws  of  the  United 
States.  They  shall  also  have  jurisdiction,  subject  to  the  supervision 
of  the  district  judge,  in  all  testamentary  and  probate  matters,  and  for 
this  purpose  their  courts  shall  be  opened  at  stated  terms  and  be  courts 
of  record,  and  be  provided  w  ith  a  seal  for  the  authentication  of  their 
official  acts.  They  shall  also  have  power  to  grant  writs  of  habeas 
corpus  for  the  purpose  of  inquiring  into  the  cause  of  restraint  of 
liberty,  which  writs  shall  be  made  returnable  before  the  said  district 
judge  for  said  district;  and  like  proceedings  shall  be  had  thereon  as 
if  the  same  had  been  granted  by  said  judge  under  the  general  laws  of 
the  United  States  in  such  cases.  Said  commissioners  shall  also  have 
the  powers  of  notaries  public,  and  shall  keep  a  record  of  all  deeds  and 
other  instruments  of  writing  acknowledged  before  them  and  relating 
to  the  title  to  or  transfer  of  property  within  said  district,  which  rec- 
ord shall  be  subject  to  public  inspection.  Said  commissioners  shall 
also  keep  a  record  of  all  fines  and  forfeitures  received  by  them,  and 


240  Alaska-'1884 

shall  pn.v  ovor  the  snme  quarterly  to  the  clerk  of  paid  district  court. 
The  governor  appointed  under  the  provisions  of  this  act  shall,  from 
time  to  time,  inquire  into  the  operations  of  the  Alaska  Seal  and  Fur 
Company,  and  shall  annually  report  to  Congress  the  result  of  such 
inquiries  and  any  and  all  violations  by  said  company  of  the  agree- 
ment existing  between  the  United  States  and  said  company. 

Sec.  0.  That  the  marshal  for  said  district  shall  have  the  general 
authority  and  powers  of  the  United  States  marshals  of  the  States  and 
Territories.  lie  shall  Ixs  the  executive  officer  of  said  court,  and  charged 
with  the  execution  of  all  process  of  said  court  and  with  the  transpor- 
tation and  custody  of  prisoners,  and  he  shall  be  ex  officio  keeper  or  the 
jail  or  penitentiary  or  said  district.  lie  shall  appoint  four  deputies, 
who  shall  reside  severally  at  the  towns  of  Sitka,  Wrangle,  Oona- 
lashka,  and  Juneau  City,  and  they  shall  respectively  be  ex  officio  con- 
stables and  executive  officers  or  the  commissioners'  courts  herein 
provided,  and  shall  have  the  powers  and  discharge  the  duties  of 
IJnited  States  deputy  marshals,  and  those  of  constables  under  the  laws 
of  the  State  of  ()regon  now  in  force. 

Sec.  7.  That  the  general  laws  of  the  State  of  Oregon  now  in  force 
are  hereby  declared  to  be  the  law  in  said  district,  so  far  as  the  same 
may  be  applicable  and  not  in  conflict  with  the  provisions  of  this  act 
of  the  laws  of  the  United  States ;  and  the  sentence  of  imprisonment  in 
any  criminal  case  shall  be  carried  out  by  confinement  in  the  jail  or  pen- 
itentiary hereinafter  provided  for.  But  the  said  district  court  shall 
have  exclusive  jurisdiction  in  all  cases  in  equity  or  those  involving  a 
question  of  title  to  land,  or  mining  rights,  or  the  constitutionality  of 
a  law,  and  in  all  criminal  oifenses  which  are  capital.  In  all  civil 
cases,  at  common  law,  any  issue  of  fact  shall  be  determined  by  a  jury, 
at  the  instance  of  either  party;  and  an  appeal  shall  lie  in  any  case, 
civil  or  criminal,  from  the  judgment  of  said  commissioners  to  the  said 
district  court  where  the  amount  involved  in  any  civil  case  is  two  hun- 
dred dollars  or  more,  and  in  any  criminal  case  where  a  fine  of  more 
than  one  hundred  dollars  or  imprisonment  is  imposed,  upon  the  filing 
of  a  sufficient  appeal  bond  by  the  party  appealing,  to  be  approved  by 
the  court  or  commissioner.  Writs  of  error  in  criminal  cases  shall 
issue  to  the  said  district  court  from  the  United  States  circuit  court  for 
the  district  of  Oregon  in  the  cases  provided  in  chapter  one  hundred 
and  seventy-six  of  the  laws  of  eighteen  hundred  and  seventy-nine; 
and  the  jurisdiction  thereby  conferred  upon  circuit  courts  is  hereby 
given  to  the  circuit  court  of  Oregon.  And  the  final  judgments  or 
decre'es  of  said  circuit  and  district  court  may  be  reviewed  by  the 
Supreme  Court  of  the  United  States  as  in  other  cases. 

Sec.  8.  That  the  said  district  of  Alaska  is  hereby  created  a  land 
district,  and  a  United  States  land-office  for  said  district  is  hereby 
located  at  Sitka.  The  commissioner  provided  for  by  this  act  to 
reside  at  Sitka  shall  be  ex  officio  register  of  said  land-office,  and  the 
clerk  provided  for  by  this  act  shall  be  ex  officio  receiver  of  public 
moneys  and  the  marshal  provided  for  by  this  act  shall  be  ex  officio 
surveyor-general  of  said  district  and  the  laws  of  the  United  States 
relating  to  mining  claims,  and  the  rights  incident  thereto,  shall,  from 
and  after  the  passage  of  this  act,  be  in  full  force  and  effect  in  said 
district,  under  the  administration  thereof  herein  provided  for,  sub- 
ject to  such  regulations  as  may  be  made  by  the  Secretary  of  the 
Interior,  approved  by  the.  President :  Provided,  That  the  Indians  or 


Alaska— 1884  241 

other  persons  in  said  district  shall  not  be  ^disturbed  in  the  possession 
of  any  lands  actually  in  their  use  or  occupation  or  now  claimed  by 
them  but  the  terms  under  which  such  persons  may  acquire  title  to 
such  lands  is  reserved  for  future  legislation  by  Congress:  And  pro- 
vided further,  That  parties  who  have  located  mines  or  mineral  privi- 
leges therein  under  the  laws  of  the  United  States  applicable  to  the 
public  domain,  or  who  have  occupied  and  improved  or  exercised  acts 
of  ownership  over  such  claims,  shall  not  be  disturbed  therein,  but 
shall  be  allowed  to  perfect  their  title  to  such  claims  by  payment  as 
aforesaid :  And  provided  also,  That  the  land  not  exceeding  six  hun- 
dred and  forty  acres  at  any  station  now  occupied  as  missionary  sta- 
tions among  the  Indian  tribes  in  said  section,  with  the  improvements 
thereon  erected  by  or  for  such  societies,  shall  be  continued  in  the 
occupancy  of  the  several  religious  societies  to  which  said  missionary 
stations  respectively  belong  until  action  by  Congress.  But  nothing 
contained  in  this  act  shall  be  construed  to  put  in  force  in  said  district 
the  general  land  laws  of  the  United  States. 

Sec.  9.  That  the  governor,  attorney,  judge,  marshal,  clerk,  and  com- 
missioners provided  for  in  this  act  shall  be  appointed  by  the  Presi- 
dent of  the  United  States,  by  and  with  the  advice  and  consent  of  the 
Senate,  and  shall  hold  their  respective  offices  for  the  term  of  four 
years,  and  until  their  successors  are  appointed  and  qualified.  They 
shall  severally  receive  the  fees  of  office  established  by  law  for  the 
several  offices  the  duties  of  which  have  been  hereby  conferred  upon 
them,  as  the  same  are  determined  and  allowed  in  respect  of  similar 
offices  under  the  laws  of  the  United  States,  Avliich  fees  shall  be 
reported  to  the  Attorney-General  and  paid  into  the  Treasury  of  the 
United  States.  They  shall  receive  respectively  the  following  annular 
salaries.  The  governor,  the  sum  of  three  thousand  dollars ;  the  attor- 
ne}^,  the  sum  of  two  thousand  five  hundred  dollars;  the  marshal,  the 
sum  of  two  thousand  five  hundred  dollars;  the  judge,  the  sum  of  three 
thousand  dollars ;  and  the  clerk,  the  sum  of  two  thousand  five  hun- 
dred dollars,  payable  to  them  quarterly  from  the  Treasury  of  the 
United  States.  The  District  Judge,  Marshal,  and  District  Attorney 
shall  be  paid  their  actual,  necessary  expenses  when  traveling  in  the 
discharge  of  their  official  duties.  A  detailed  account  shall  be  ren- 
dered of  such  expenses  under  oath  and  as  to  the  marshal  and  district 
attorney  such  account  shall  be  approved  by  the  judge,  and  as  to  his 
expenses  bv  the  Attorney  General.  The  commissioners  shall  receive 
the  usual  fees  of  United  States  commissioners  and  of  justices  of  the 
peace  for  Oregon,  and  such  fees  for  recording  instruments  as  are 
allowed  by  the  laws  of  Oregon  for  similar  services,  and  in  addition 
a  salary  of  one  thousand  dollars  each.  The  deputy  marshals,  in  addi- 
tion to  the  usual  fees  of  constables  in  Oregon,  shall  receive  each  a 
salary  of  seven  hundred  and  fifty  dollars,  which  salaries  shall  also 
be  payable  quarterly  out  of  the  Treasury  of  the  United  States.  Each 
of  said  officials  shall,  before  entering  on  the  duties  of  his  office,  take 
and  subscribe  an  oath  that  he  will  faithfully  execute  the  same,  which 
said  oath  may  be  taken  before  the  judge  of  said  district  or  any 
United  States  district  or  circuit  judge.  That  all  officers  appointed 
for  said  district,  before  entering  upon  the  duties  of  their  offices,  shall 
take  the  oaths  required  bv  law  and  the  laws  of  the  United  States, 
not  locallv  inapplicable  to' said  district  and  not  inconsistent  with  the 
provisions  of  this  act  are  hereby  extended  thereto;  but  there  shall  be 


242  Alaska— 1884 

no  legislative  assembly  in  said  district,  nor  shall  any  Delegate  be  sent 
to  Congress  therefrom.  And  the  said  clerk  shall  execute  a  bond,  with 
sufficient  sureties,  in  the  penalty  of  ten  thousand  dollars,  for  the 
faithful  performance  of  his  duties,  and  file  the  same  with  the  Secre- 
tary of  the  Treasury  before  entering  on  the  duties  of  hi-<  office;  and 
the  commissioners  snail  each  execute  a  bond,  with  sufficient  sureties. 
in  the  penalty  of  three  thousand  dollars,  for  the  faithful  perform- 
ance of  their  duties,  and  file  the  same  with  the  clerk  before  entering 
on  the  duties  of  their  office. 

Sec.  10.  That  any  of  the  public  buildings  in  said  district  not 
required  for  the  customs  service  or  military  purposes  shall  1x3  used 
for  court-rooms  and  offices  of  the  civil  government ;  and  the  Secretary 
of  the  Treasury  is  hereby  directed  to  instruct  and  authorize  the  cus- 
todian of  said  buildings  forthwith  to  make  such  repairs  to  the  jail 
in  the  town  of  Sitka,  in  said  district,  as  will  render  it  suitable  for  n 
jail  and  penitentiary  for  the  purposes  of  the  civil  government  hereby 
provided,  and  to  surrender  to  the  marshal  the  custody  of  said  jad 
and  the  other  public  buildings,  or  such  parts  of  said  buildings  as  may 
be  selected  for  court-rooms,  offices,  and  officials. 

Sec.  11.  That  the  Attorney-Cieneral  is  directed  forthwith  to  com- 
pile and  cause  to  be  printed,  in  the  English  language,  in  pamphlet 
form,  so  much  of  the  general  laws  of  the  United  States  as  is  appli- 
cable to  the  duties  of  the  governor,  attorney,  judge,  clerk,  marshals, 
and  commissioners  appointed  for  said  district,  and  shall  furnish  for 
the  use  of  the  officers  of  said  Territory  so  many  copies  as  may  be 
needed  of  the  laws  of  Oregon  applicable  to  said  district. 

Sec.  12.  That  the  Secretary  of  the  Interior  shall  select  two  of  the 
officers  to  be  appointed  under  this  act,  who,  together  with  the  gov- 
ernor, shall  constitute  a  commission  to  examine  into  and  report  upon 
the  condition  of  the  Indians  residing  in  said  Territory,  what  lands, 
if  any,  should  be  reserved  for  their  use,  what  provision  shall  be  made 
for  their  education  what  rights  by  occupation  of  settlers  should  be 
recognized,  and  all  other  facts  that  may  be  necessary  to  enable  Con- 
gress to  determine  what  limitations  or  conditions  should  he  imposed 
when  the  land  laws  of  the  United  States  shall  be  extended  to  said 
district;  and  to  defray  the  expenses  of  said  commission  the  sum  of 
two  thousand  dollars  is  hereby  appropriated  out  of  any  moneys  in 
the  Treasury  not  otherwise  appropriated. 

Sec.  lii.  That  the  Secretary  of  the  Interior  shall  make  needful  and 
proper  provision  for  the  education  of  the  children  of  school  age  in 
the  Territory  of  Alaska,  without  reference  to  race,  until  such  time  as 
permanent  provision  shall  be  made  for  the  same,  and  the  sum  of 
twenty-five  thousand  dollars,  or  so  much  thereof  as  may  be  necessary 
is  hereby  appropriated  for  this  purpose. 

Sec.  14.  That  the  provisions  of  chapter  three,  title  twenty-three,  of 
the  Revised  Statutes  of  the  United  States,  relating  to  the  unorganized 
Territory  of  Alaska,  shall  remain  in  fidl  force,  except  as  herein  spe- 
cially otherwise  provided;  and  the  importation  manufacture  and  sale 
of  intoxicating  liquors  in  said  district  except  for  medicinal  mechan- 
ical and  scientific  purposes  is  hereby  prohibited  under  the  penalties 
which  are  providecl  in  section  nineteen  hundred  and  fiftv-five  of  the 
Revised  Statutes  for  the  wrongful  importation  of  distilled  spirits. 
And  the  President  of  the  United  States  shall  make  such  regulations 
as  are  necessary  to  carry  out  the  provisions  of  this  section. 

Approved,  May  17,  1884. 


Alaska— 1900  243 


CIVIL  GOVERNMENT  IN  ALASKA— 1900 

I  Fifty-sixth  Congrkss,  First  Session] 

An  Act  making  further  provision  for  a  civil  government  for  Alaslca,  and  for 

otljer  [)urposes. 

Be  it  enacted  hy  the  Senate  and  Houne  of  Bepresentatwes  of  the 
United  States  of  America  in  Congress  assembled,, 

Title  T 

chapter  one 

Sec.  1.  That  the  territory  ceded  to  the  United  States  by  E.ns?sia  by 
the  treaty  of  March  thirtieth,  eighteen  hundred  and  sixty-seven,  and 
known  as  Alaska,  shall  constitute  a  civil  and  judicial  district,  the  gov- 
ernment of  which  shall  be  organized  and  administered  as  hereinafter 
provided.  The  temporary  seat  of  government  of  said  district  is  here- 
by established  at  Juneau :  Provided^  That  the  seat  of  govermnent 
shall  remain  at  Sitka  until  suitable  grounds  and  buildings  thereon 
shall  be  obtained  by  purchase  or  otherwise  at  Juneau. 

Sec.  2.  There  shall  be  appointed  for  the  district  a  governor,  who 
shall  reside  therein  during  his  term  of  office  and  be  charged  with  the 
interests  of  the  United  States  Government  within  the  district.  To 
the  end  aforesaid  he  shall  have  authority  to  see  that  the  laws  enacted 
for  the  district  are  enforced  and  to  require  the  faithful  discharge  of 
their  duties  by  the  officials  appointed  to  administer  the  same.  He 
may  also  grant  reprieves  for  offenses  committed  against  the  laws  of 
the  district  or  of  the  United  States  until  the  decision  of  the  President 
thereon  shall  be  made  known.  He  shall  be  ex  officio  commander  in 
chief  of  the  militia  of  the  district,  and  shall  have  power  to  call  out 
the  same  when  necessary  to  the  due  execution  of  the  laws  and  to 
preserve  the  peace,  and  to  cause  all  able-bodied  citizens  of  the  United 
States  in  the  district  to  enroll  and  serve  as  such  when  the  public 
exigency  demands;  and  he  shall  perform  generally  in  and  over  said 
district  such  acts  as  pertain  to  the  office  of  governor  of  a  Territory, 
so  far  as  the  same  may  be  made  or  become  applicable  thereto. 

He  shall,  subject  to  the  direction  and  approval  of  the  Secretary  of 
the  Interior,  advertise  for  and  receive  bids  and,  in  behalf  of  the 
United  States,  contract  from  year  to  year  with  the  responsible  asylum 
or  sanitarium  west  of  the  main  range  of  the  Rocky  Mountains  sub- 
mitting the  lowest  bid  for  the  care  and  custody  of  persons  legally 
adjudged  insane  in  said  district  of  Alaska;  the  cost  of  advertising 
for  bids,  executing  the  contract,  and  caring  for  the  insane  to  be  paid, 
until  otherwise  provided  by  law,  by  the  Secretary  of  the  Treasury, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  on 
accounts  and  vouchers  duly  approved  by  the  governor  and  the  Secre- 
tary of  the  Interior. 

The  governor  shall  from  time  to  time  inquire  into  the  operations  of 
any  person,  company,  association,  or  corporation  authorized  by  the 
United  States,  by  contract  or  otherwise,  to  kill  seal  or  other  fur-bear- 
ing animals  in  the  district,  and  any  and  all  violations  by  such  person, 
company,   association,   or   corporation   of   the   agreement   with   the 


244  Alaska— 1900 

United  States  under  which  the  operations  are  being  conducted,  and 
shall  annually  report  to  Congress  the  result  of  such  mquiri&s. 

He  shall  make  an  annual  report,  on  the  first  day  of  October  in  each 
year,  to  the  President  of  the  United  States,  of  his  official  acts  and 
doings,  and  of  the  condition  of  the  district,  with  reference  to  its 
resources,  industries,  population,  and  the  administration  of  the  civil 
government  thereof.  And  the  President  of  the  United  States  shall 
have  power  to  review  and  to  confirm  or  annul  any  reprieves  granted 
or  other  acts  done  by  him. 

The  governor  may  appoint  and  commission  one  or  more  notaries 
public  for  the  district,  and  appointments  of  notaries  public  heretofore 
made  by  him  are  hereby  legalized,  and  all  acts  performed  by  them  by 
virtue  of  their  notarial  commissions  shall  be  for  all  purposes  as  valid 
as  though  the  governor  had  at  the  time  full  and  complete  legal 
authority  to  appoint  and  commission  them. 

Sec.  3.  The  surveyor-general  of  the  district  shall  be  ex  officio  secre- 
tary thereof,  and  as  such  shall  be  custodian  of  the  district  seal,  which 
shall  be  provided  by  the  Attorney-General.  The  surveyor-general, 
as  ex  officio  secretarv  of  the  district,  shall  perform  the  official  duties 
required  bv  law  to  be  performed  by  the  secretary  of  a  Territory  of 
the  United  States,  in  so  far  as  applicable  to  said  district,  and  such 
other  duties  as  may  be  required  by  law. 

Sec.  4.  There  is  hereby  established  a  district  court  for  the  district, 
which  shall  be  a  court  of  general  jurisdiction  in  civil,  criminal, 
equitv,  and  admiralty  causes;  and  three  district  judges  shall  be 
appointed  for  the  district,  who  shall,  during  their  terms  of  office, 
reside  in  the  divisions  of  the  district  to  which  they  may  be  respec- 
tively assigned  bv  the  President. 

The  court  shall  consist  of  three  divisions.  The  judge  designated  to 
preside  over  division  numbered  one  shall,  during  his  term  of  office, 
reside  at  Juneau,  and  shall  hold  at  least  four  terms  of  court  in  the 
district  each  year,  two  at  Juneau  and  two  at  Skagway,  and  the  judge 
shall,  as  near  January  first  as  practicable,  designate  the  time  of  hold- 
ing the  terms  during  the  current  year. 

The  judge  designated  to  preside  over  division  numbered  two  shall 
reside  at  Saint  Michaels  during  his  term  of  office,  and  shall  hold  at 
least  one  term  of  court  each  year  at  Saint  Michaels,  in  the  district, 
beginning  the  third  Monday  in  June. 

The  judge  designated  to  preside  over  division  numbered  three  shall 
reside  at  Eagle  City  during  his  term  of  office,  and  shall  hold  at  least 
one  term  of  court  each  year  at  Eagle  City,  in  the  district,  beginning 
on  the  first  Monday  in  July:  Provided,  The  Attorney-General  may 
for  cause  change  the  place  of  residence  of  the  judge  of  either  division 
of  the  court. 

Each  of  the  judges  is  authorized  and  directed  to  hold  such  special 
terms  of  court  as  may  be  necessary  for  the  public  welfare  or  for  the 
dispatch  of  the  business  of  the  court,  at  such  times  and  places  in  the 
district  as  they  or  any  of  them,  respectively,  may  deem  expedient  or 
as  the  Attorney-General  may  direct ;  and  each  shall  have  authority  to 
employ  interpreters  and  to  make  allowances  for  the  necessary  ex- 
penses of  his  court,  and  to  employ  an  official  court  stenographer  under 
the  same  terms  and  conditions  as  are,  or  may  be,  provided  for  district 
courts  of  the  United  States.    At  least  thirty  days'  notice  shall  be 


Alaska— 1900  245 

given  by  the  judge  or  the  clerk  of  the  time  and  place  of  holding 
special  terms  of  the  court. 

Sec.  5.  The  jurisdiction  of  each  division  of  the  court  shall  extend 
over  the  district  of  Alaska,  but  the  court  in  which  the  action  is  pend- 
ing may,  on  motion,  change  the  place  of  trial  in  any  action,  civil  or 
criminal,  from  one  place  to  another  place  in  the  same  division  or  to  a 
designated  place  in  another  division  in  either  of  the  following  cases: 

First.  When  there  is  reason  to  believe  that  an  impartial  trial  can 
not  be  had  therein ; 

Second.  When  the  convenience  of  witnesses  and  the  ends  of  justice 
would  be  promoted  by  the  change ; 

Third.  WTien  from  any  cause  the  judge  is  disqualified  from  acting; 
but  in  such  event,  if  the  judge  of  another  division  will  appear  and  try 
the  action,  no  change  of  place  of  trial  must  be  made ; 

Fourth.  By  the  court,  on  its  own  motion,  when,  considering  avail- 
able means  of  travel,  it  appears  that  the  defendant  will  be  put  to 
unnecessary  expense  and  inconvenience  if  summoned  to  defend  in  the 
place  or  division  in  which  the  action  has  been  commenced ;  and  when 
it  appears  to  the  satisfaction  of  the  court,  or  judge  thereof,  that  an 
action  has  been  commenced  in  a  place  or  division  remote  from  the  resi- 
dence of  the  defendant  for  the  purpose  of  causing  unnecessary  ex- 
pense or  inconvenience,  the  place  of  trial  shall  be  changed  at  the  cost 
of  the  plaintiff,  and  such  costs  shall  not  be  recovered  from  the 
defendant. 

In  any  criminal  prosecution  the  court  shall  change  the  place  of  trial 
where  it  appears  to  the  satisfaction  of  the  court  that  the  defendant 
will  not  be  prejudiced  thereby  and  that  the  United  States  will  be  put 
to  unnecessary  expense  in  such  criminal  prosecution  if  the  transfer  is 
not  made. 

Sec.  6.  The  respective  judges  of  the  court  shall  appoint,  and  at 
pleasure  remove,  clerks  and  commissioners  in  and  for  the  district,  who 
shall  have  the  jurisdiction  conferred  by  law  in  any  part  thereof,  but 
who  shall,  during  their  terms  of  office,  each  reside  at  the  place  in  the 
district  designated  in  the  respective  orders  of  appointment. 

The  commissioners  shall  be  ex  officio  justices  of  the  peace,  recorders, 
and  probate  judges,  and  shall  perform  all  the  duties  and  exercise  all 
the  powers,  civil  and  criminal,  imposed  or  conferred  on  the  United 
States  commissioners  by  the  general  laws  of  the  United  States  and  the 
special  laws  applicable  to  the  district. 

They  shall  also  have  power  to  grant  writs  of  habeas  corpus  for  the 
purpose  of  inquiring  into  the  cause  of  restraint  of  liberty,  which  writs 
shall  be  made  returnable  before  a  district  judge,  and  like  proceedings 
shall  be  had  thereon  as  if  the  same  had  been  granted  by  the  judge 
under  the  general  laws  of  the  United  States  in  such  cases.  The 
commissioners  shall  also  have  the  powers  of  notaries  public,  and  shall 
keep  a  memorandum  of  all  deeds  and  other  instruments  of  writing 
acknowledged  before  them  and  relating  to  the  title  to  or  transfer  of 
property  within  the  district,  which  memorandum  shall  be  subject  to 
public  inspection.  And  all  records  of  instruments  of  writing  hitherto 
made  by  any  United  States  commissioner  in  the  district  of  Alaska 
are  hereby  declared  to  be  public  records  of  such  district  and  shall 
have  the  same  force  and  effect  as  if  recorded  in  conformity  with  the 
provisions  of  this  Act. 


246  Alaska— 1900 

The  commissioners  shall  also  keep  a  record  of  all  fines  and  for- 
feitures received  by  them,  and  shall  pay  over  the  same  quarterly  to 
the  clerk  of  the  division  of  the  district  court  in  which  they  were 
appointed. 

8ec.  7.  Three  clerks  shall  be  appointed  for  the  court,  one  of  whom 
shall  be  assigned  to  each  division  thereof,  and  during  his  term  of  office 
reside  at  the  })lace  designated  for  the  residence  of  the  judge  of  such 
division.  Each  clerk  shall,  in  his  division  of  the  district,  perform  the 
duties  required  or  authorized  by  law  to  be  performed  by  clerks  of 
United  States  courts  in  other  districts,  and  such  other  duties  as  may 
be  prescribed  by  the  laws  of  the  United  States  relating  to  the  district 
of  Alaska.  He  shall  preserve  copies  of  all  laws  applicable  to  the  dis- 
trict and  shall  preserve  all  records  and  record  all  proceeding  and 
official  acts  of  his  division  of  the  court.  He  shall  also  receive  all 
moneys  collected  from  licenses,  fines,  forfeitures,  or  in  any  other  case, 
except  from  violations  of  the  customs  laws,  and  shall  apply  the  same 
to  the  incidental  expenses  of  the  proper  division  of  the  district  court 
and  the  allowance  thereof  as  directed  by  the  judge,  and  shall  account 
for  the  same  in  detail  and  for  any  balances  on  account  thereof  quar- 
terly to  and  under  the  direction  of  the  Secretary  of  the  Treasury. 
He  shall  be  ex  officio  recorder  of  instruments,  as  hereinafter  provided, 
and  also  register  of  wills  for  the  district,  and  shall  establish  secure 
offices  where  terms  of  his  division  of  the  court  are  held  for  the  safe- 
keeping of  his  official  records. 

Sec.  8.  Three  district  attorneys  shall  be  appointed  for  the  district, 
to  be  assigned  to  the  divisions  thereof,  who  shall  reside  during  their 
respective  terms  of  office  at  the  place  designated  as  the  residence  of 
the  judge  of  the  division  of  the  court  to  Avhich  each  of  the  district 
attorneys  shall  be  assigned.  They  shall  each  perform  the  duties 
required  to  be  performed  by  United  States  district  attorneys  in  other 
districts,  and  such  other  duties  as  may  be  required  by  law. 

Each  district  attorney  may,  subject  to  the  approval  of  the  Attorney- 
General,  appoint  and  at  pleasure  remove  one  or  more  assistant  district 
attorneys,  who  shall  receive  such  compensation  as  the  Attorney-Gen- 
eral may  fix,  to  be  paid  as  other  assistant  United  States  district  attor- 
neys are  paid.  In  case  of  the  death  or  disability  of  a  district  attorney 
the  judge  may  appoint  a  suitable  person  to  fill  the  office  until  his  suc- 
cessor is  appointed  and  qualified  or  until  the  disability  is  removed. 

Sec.  9.  A  marshal  shall  be  appointed  for  each  division  of  the  dis- 
trict, and  each  marshal  shall  have  authority  and  Ije  required  to 
appoint,  subject  to  the  approval  of  the  Attorney-General,  such 
deputy  marshals  as  he  may  cleem  necessary* for  the  efficient  execution 
of  the  law  and  the  orders  of  the  court  and  of  the  commissioners 
appointed  as  herein  provided. 

That  when  in  the  opinion  of  the  Attorney-General  the  public 
interest  requires  it,  he  may,  on  the  recommendation  of  the  marshal, 
which  recommendation  shall  state  the  facts  as  distinguished  from  con- 
clusions, showing  necessity  for  the  same,  allow  the  marshals  to 
employ  necessaiy  office  deputies  and  clerical  assistance,  upon  salaries 
to  be  fixed  by  the  Attorney-General,  from  time  to  time,  and  paid  as 
other  officers  of  the  court  are  paid.  ^Vhen  any  of  such  office  deputies 
is  engaged  in  the  service  or  attempted  service  of  any  writ,  process, 
subpcena,  or  other  order  of  the  court,  or  when  necessarily  absent  from 


Alaska— 1900  247 

the  place  of  his  regular  employment  upon  official  business,  he  shall 
be  allowed  his  actual  traveling  expenses  only,  and  his  necessary  and 
actual  expenses  for  lodging  and  subsistence,  not  to  exceed  four  dollars 
per  day,  and  the  necessary  actual  expenses  in  transporting  prisoners, 
including  necessary  guard  hire;  and  he  shall  make  and  render 
accounts  thereof  as  provided  for. 

Each  marshal  shall  have  the  general  authority  and  powers  and  be 
subject  to  the  obligations  of  United  States  marshals  in  the  States  and 
Territories.  He  shall  he  the  executive  officer  of  the  court,  and  charged 
with  the  execution  of  all  processes  thereof  and  with  the  transporta- 
tion and  custody  of  prisoners  and  insane  persons,  and  he  shall  be  ex 
officio  keeper  of  the  jails  and  penitentiaries  of  the  division  of  the  dis- 
trict to  which  he  may  be  assigned,  and  shall  be  responsible  on  his 
official  bond  for  the  acts  of  all  deputy  marshals  appointed  by  him. 
In  case  of  the  death  of  a  marshal  the  district  judge  shall  appoint  a 
suitable  person  to  fill  the  vacancy  until  his  successor  is  appointed  and 
qualified.  The  persons  so  appointed  shall  give  such  bonds  as  the 
court  may  require. 

The  marshal  shall  deliver  persons  duly  adjudged  insane  in  the  dis- 
trict to  the  authorities  of  such  asylum  or  sanitarium  as  the  governor, 
with  the  approval  of  the  Secretary  of  the  Interior,  may  designate, 
and  for  the  service  of  process  in  connection  with  and  the  guarding 
and  trans])ortation  of  the  insane  he  shall  be  compensated  as  in  the 
case  of  prisoners. 

The  deputy  marshals  shall  be  ex  officio  constables  and  executive 
officers  of  the  commissioners  herein  provided  for,  and  shall  have  the 
powers  and  discharge  the  duties  of  United  States  deputy  marshals, 
and  also  those  of  constables,  under  the  laws  of  the  United  States 
applicable  to  said  district. 

Sec.  10.  The  governor,  surveyor-general,  attorneys,  judges,  and  the 
marshals  provided  for  in  this  Act  shall  be  appointed  by  the  President, 
by  and  wath  the  advice  and  consent  of  the  Senate,  and  shall  hold  their 
respective  offices  for  the  term  of  four  years  or  until  their  successors 
are  appointed  and  qualified,  unless  sooner  removed  by  the  President 
for  cause. 

The  officers  so  appointed  shall  severally  be  entitled  to  receive  annual 
compensation  as  follows: 

The  governor,  the  sum  of  five  thousand  dollars;  the  surveyor-gen- 
eral and  ex  officio  secretary  of  the  district,  as  full  compensation,  four 
thousand  dollars;  the  judges,  each  the  sum  of  five  thousand  dollars; 
each  marshal,  the  sum  of  four  thousand  dollars;  the  clerks,  each  the 
sum  of  three  thousand  five  hundred  dollars;  the  district  attorneys, 
each  three  thousand  dollars,  the  salaries  payable  from  the  Treasury  of 
the  United  States,  as  like  officers  are  paid  in  other  districts. 

Each  clerk  shall  collect  all  money  arising  from  the  fees  of  his  office 
or  on  any  other  account  authorized  by  law  to  be  paid  to  or  collected 
by  him,  and  shall  report  the  same  and  the  disposition  thereof  in  detail, 
under  oath,  quarterly,  or  more  frequently  if  required,  to  the  court, 
the  Attorney-General,  and  the  Secretary  of  the  Treasury,  and  all  pub- 
lic money  received  by  him  and  his  deputies  for  fees  or  on  any  other 
account  shall  be  paid  out  by  the  clerk  on  the  order  of  the  court,  duly 
made  and  signed  by  the  judge,  and  any  balance  remaining  in  his 
hands  after  all  payments  ordered  by  the  court  shall  have  been  made 


248  Alaska— WOO 

shall  be  by  him  covered  into  the  Treasury  of  the  United  States  at 
such  times  and  under  such  rules  and  regulations  as  the  Secretary  of 
the  Treasury  nuiy  prescrilx*.  The  clerk  m.iy  employ  necessary  clerical 
help  with  the  approval  and  at  comi)ensatioii  to  1k>  fixed  by  the  court  to 
aid  him  in  the  expeditious  discharge  of  the  business  of  his  office.  Any 
person  so  employed  shall  be  paid  by  the  clerk  on  the  order  of  the  court, 
as  other  court  expenses  are  paid. 

The  governor,  surveyor-general,  marshals,  judges,  clerks  of  court, 
and  district  attorneys  shall,  in  addition  to  their  salaries,  be  paid  their 
actual  traveling  and  subsistence  expenses  when  traveling  in  the  dis- 
charge of  their  official  duties.  Accounts  for  such  exjjenses  shall  be 
rendered  and  paid  as  are  accounts  of  judges,  marshals,  clerks,  and 
district  attorneys  for  like  expenses  in  other  districts. 

In  case  of  the  death,  removal,  resignation,  or  absence  of  the  gov- 
ernor from  the  district,  the  surveyor-general  as  ex  officio  secretary  of 
the  district  shall  have,  and  he  is  hereby  authorized  and  required  to 
execute  and  perform,  all  the  powers  and  duties  of  the  governor  during 
such  vacancy  or  absence,  or  until  another  governor  shall  be  appointed 
to  fill  such  vacanc3\ 

Sec.  11.  An  accurate  detailed  account  of  all  fees  received  and  dis- 
bursements made  by  commissioners  and  deputy  marshals  shall  be  filed 
quarterly  with  the  clerk  for  the  proper  division  of  the  district  court 
and  apjjroved  by  the  judge  thereof,  if  found  to  be  in  accordance  with 
law ;  and  all  net  fees  received  in  excess  of  the  sum  of  three  thousand 
dollars  per  annum  by  any  commissioner  or  deputy  marshal  shall  Ix' 
annually  ])aid  to  the  clerk  of  the  proper  division  of  the  court  and  by 
him  paid  into  the  Treasury  of  the  United  States,  such  payment  to  be 
accompanied  by  a  verified  detailed  statement  of  such  deputy  or  com- 
missioner. 

Sec.  12.  The  clerks  of  the  court  shall  each,  before  entering  upon 
the  duties  of  his  office,  execute  a  bond,  with  sufficient  sureties,  to  be 
approved  by  the  Secretary  of  the  Treasury,  or  the  court  or  a  judge 
thereof,  in  the  ])enalty  of  twenty  thousand  dollars,  for  the  faithful 
performance  of  his  official  duties,  and  file  the  same  with  the  Attorney- 
General  ;  and  each  commissioner  shall,  before  entering  upon  the  duties 
of  his  office,  execute  a  bond,  with  sufficient  sureties,  to  be  approved 
by  the  court,  or  a  judge  thereof,  in  the  penalty  of  one  thousand  dol- 
lars, for  the  faithful  performance  of  his  official  duties,  and  file  the 
same  with  the  clerk,  who  shall  send  a  certified  copy  thereof  to  the 
Attorney-General. 

Sec.  13.  The  judges  of  the  district,  or  a  majority  of  them,  shall,  as 
soon  as  practicable  after  their  appointment,  meet,  and  by  appropriate 
order,  to  be  thereafter  entered  in  each  division  of  the  court,  divide 
the  district  into  three  recording  divisions,  designate  the  division  of  the 
court  to  supervise  each,  and  also  define  the  boundaries  thereof  by 
reference  to  natural  objects  and  permanent  landmarks  or  monuments, 
in  such  manner  that  the  boundaries  of  each  recording  division  can  be 
readily  determined  and  become  generally  known  from  such  descrip- 
tion, which  order  shall  be  given  publicity  in  such  manner  by  posting, 
publication,  or  otherwise  as  the  judges  or  any  division  of  the  court 
may  direct,  the  necessary  expense  of  the  publication  of  such  order  and 
description  of  the  recording  divisions  to  be  allowed  and  paid  as  other 
court  expenses. 


Alaska— 1900  249 

At  any  regular  or  special  term  an  order  may  be  made  by  the  court 
establishing  one  or  more  recording  districts  within  the  recording  divi- 
sion under  the  supervision  of  such  division  of  the  court  and  defining 
the  boundaries  thereof  by  reference  to  natural  objects  and  permanent 
landmarks  or  monuments,  in  such  manner  that  the  boundaries  thereof 
can  be  readily  determined. 

The  order  establishing  a  recording  district  shall  designate  a  commis- 
sioner to  be  ex  officio  recorder  thereof,  and  shall  also  designate  the 
place  where  the  commissioner  shall  keep  his  recording  office  within 
the  recording  district: 

Provided,  The  clerk  of  the  court  shall  be  ex  officio  recorder  of  all 
that  portion  of  the  recording  division  under  the  supervision  of  his 
division  of  the  court  not  embraced  within  the  limits  of  a  recording 
district  established,  bounded,  and  described  therein  as  authorized  by 
this  Act,  and  when  any  part  of  the  division  for  which  a  clerk  has  been 
recording  shall  be  embraced  in  a  recording  district,  such  clerk  shall 
transcribe  that  portion  of  his  records  appertaining  to  such  district 
and  deliver  the  same  to  the  commissioner  designated  as  recorder 
thereof. 

Wlienever  it  appears  to  the  satisfaction  of  the  court  that  the  public 
interests  demand,  or  that  the  convenience  of  the  people  require,  the 
court  may  change  or  modify  the  boundaries  or  discontinue  a  recording 
district  or  change  the  location  of  the  recording  office,  or  remove  the 
commissioner  acting  as  ex  officio  recorder,  and  appoint  another  com- 
missioner to  fill  the  office. 

Sec.  14.  The  clerk  as  ex  officio  recorder  must  procure  such  books 
for  records  as  the  business  of  his  office  requires  and  such  as  may  be 
required  by  the  respective  commissioners  designated  as  recorders  in 
his  division  of  the  court,  but  orders  for  the  same  must  first  be  obtained 
from  the  court  or  the  judge  thereof.  The  respective  officers  acting  as 
ex  officio  recorders  shall  have  the  custody  and  must  keep  all  the  books, 
records,  maps,  and  papers  deposited  in  their  respective  offices,  and 
where  a  recorder  is  removed  or  from  any  cause  becomes  unable  to  act, 
or  a  recording  district  is  discontinued,  the  records  and  all  books, 
papers,  and  property  relating  thereto  shall  be  delivered  to  the  clerk 
or  such  officer  or  person  as  the  court  or  judge  thereof  may  direct. 

The  record  books  procured  by  the  clerk,  as  herein  provided,  shall  be 
paid  for  by  him,  on  the  order  of  the  court,  out  of  any  moneys  in  his 
hands,  as  other  court  expenses  are  paid. 

Sec.  15.  The  respective  recorders  shall,  upon  the  payment  of  the 
fees  for  the  same  prescribed  by  the  Attorney-General,  record  sepa- 
rately, in  large  and  well-bound  separate  books,  in  fair  hand : 

First.  Deeds,  grants,  transfers,  contracts  to  sell  or  convey  real  estate 
and  mortgages  of  real  estate,  releases  of  mortgages,  powers  of  attor- 
ney, leases  which  have  been  acknowledged  or  proved,  mortgages  upon 
personal  property; 

Second.  Certificates  of  marriage  and  marriage  contracts  and  births 
and  deaths; 

Third.  Wills  devising  real  estate  admitted  to  probate; 

Fourth.  Official  bonds; 

Fifth.  Transcripts  of  judgments  which  by  law  are  made  liens  upon 
real  estate; 

Sixth.  All  orders  and  judgments  made  by  the  district  court  or  the 


250  Alaska— 1900 

commissioners  in  probate  matters  affecting  real  estate  which  are 
i*equired  to  be  recorded ; 

heventh.  Notices  and  declaration  of  water  rights; 

Eighth,  Assignments  for  the  benefit  of  creditors; 

Ninth.  Affidavits  of  annual  work  done  on  mining  claims; 

Tenth.  Notices  of  mining  location  and  declaratory  statements; 

Eleventh.  Such  other  writings  as  are  required  or  permitted  by 
law  to  be  recorded,  including  the  liens  of  mechanics,  laborers,  and 
others:  Proridcd,  Notices  of  location  of  mining  claims  shall  l)e  filed 
for  record  within  ninety  days  from  the  date  of  the  discovery  of  the 
claim  descriln^d  in  the  notice,  and  all  instruments  shall  be  recorded  in 
the  recording  district  in  which  the  property  or  subject-matter  affected 
by  the  instrument  is  situated,  and  where  the  property  or  subject- 
matter  is  not  situated  in  any  established  recording  district  the  instru- 
ment affecting  the  same  shall  be  recorded  in  the  office  of  the  clerk  of 
the  division  of  the  court  having  supervision  over  the  recording  divi- 
sion in  which  such  property  or  subject  matter  is  situated. 

Sec.  10.  Any  clerk  or  commissioner  authorized  to  record  any 
instrument  who  having  collected  fees  for  so  doing  fails  to  record  such 
instrument  shall  account  to  his  successor  in  office,  or  to  such  person  as 
the  court  may  direct,  for  all  the  fees  received  by  him  for  recoiding 
any  instrument  on  file  and  unrecorded  at  the  expiration  of  his  official 
tet*m,  or  at  the  time  he  is  required  to  transfer  his  records  to  another 
officer  under  the  direction  or  the  court.  And  any  clerk  or  commis- 
sioner who  fails,  neglects,  or  refuses  to  so  account  for  fees  received 
and  not  actually  earned  by  the  recording  of  [an]  instrument  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  (me  thousand 
dollars,  and  imprisoned  for  not  more  than  one  year,  or  until  the 
fees  received  and  unearned  as  aforesaid  shall  have  been  properly 
accounted  for  and  paid  over  by  him,  as  hereinbefore  provided.  And 
in  addition  such  fees  may  be  recovered  from  such  clerk  or  commis- 
sioner or  the  bondsmen  of  either,  in  a  civil  action  which  shall  be 
brought  by  the  district  attorney,  in  the  name  of  the  United  States,  to 
recover  the  same;  and  the  amount  when  recovered  shall  be  by  the 
court  transferred  to  the  successor  in  office  of  such  recorder,  who  shall 
thereupon  proceed  to  record  the  unrecorded  instruments:  Provided^ 
Miners  in  any  organized  mining  district  may  make  rules  and  regula- 
tions governing  the  recording  of  notices  of  location  of  mining  claims, 
water  rights,  flumes  and  ditches,  mill  sites  and  affidavits  of  labor,  not 
in  conflict  with  this  Act  or  the  general  laws  of  the  United  States;  and 
nothing  in  this  Act  shall  be  construed  so  as  to  prevent  the  miners  in 
any  regularly  organized  mining  district  not  w  ithin  any  recording  dis- 
trict established  by  the  court  from  electing  their  own  mining  recorder 
to  act  as  such  until  a  recorder  therefor  is  appointed  by  the  court: 
Prorided  further^  All  records  heretofore  regidarly  made  by  the 
United  States  commissioner  at  Dyea,  Skagway,  and  the  recorder  at 
Douglas  City,  not  in  conflict  with  any  records  regularly  made  with 
the  Ignited  States  commissioner  at  Juneau,  are  hereby  legalized.  And 
all  records  heretofore  made  in  good  faith  in  any  regidarly  organized 
mining  district  are  hereby  made  public  records,  and  the  same  shall  be 
delivered  to  the  recorder  for  the  recording  district  including  such  min- 
ing district  within  six  months  frbm  the  passage  of  this  Act. 


Alaska— 1900  251 

Sec.  it.  Every  person  appointed  a.s  a  notary  public  must  at  the 
time  of  his  appointment  be  a  resident  of  the  district  and  must  con- 
tinue to  reside  therein  during  his  term  of  office.  Removal  from  the 
district  vacates  his  office  and  is  equivalent  to  resignation. 

The  term  of  office  of  a  notary  public  shall  be  four  years  from  and 
after  the  date  of  his  commission,  but  he  may  be  sooner  removed  by  the 
governor  for  misconduct  in  office. 

Sec.  18.  It  shall  be  the  duty  of  a  notary  public — 

First.  When  requested,  to  demand  acceptance  and  payment  of  for- 
eign, domestic,  and  inland  bills  of  exchange,  or  promissory  notes,  and 
protest  the  same  for  nonacceptance  and  nonpayment,  and  to  exercise 
such  other  powers  and  duties  as  by  the  law  of  nations  and  according 
to  commercial  usages  or  by  the  laws  of  any  State,  government,  or 
country  may  be  performed  by  notaries,  and  keep  a  record  of  such  acts. 

Second.  To  take  acknowledgment  or  proof  of  powers  of  attorney, 
deeds,  mortgages,  grants,  transfers,  and  other  instruments  of  writing 
executed  by  any  person  and  to  give  a  certificate  of  such  proof  or 
acknowledgment  indorsed  or  attached  to  the  instrument. 

Third.  To  take  depositions  and  affidavits  and  administer  oaths  and 
affirmations  in  all  matters  incident  to  the  duties  of  the  office  or  to  be 
used  before  any  court,  judge,  or  officer. 

Fourth.  When  requested  and  upon  payment  of  his  fees  therefor  to 
make  and  give  a  certified  copy  of  any  record  in  his  office. 

Fifth.  To  provide  and  keep  an  official  seal,  upon  which  must  be 
engraved  the  name  of  the  district  and  the  words  '*  Notary  Public," 
with  the  surname  of  the  notary  and  at  least  the  initials  of  his 
Christian  name. 

Sec.  19.  The  protest  of  a  notary  public  under  his  hand  and  seal  of 
a  bill  of  exchange  or  promissory  note  for  nonacceptance  or  nonpay- 
ment, stating  the  presentment  for  acceptance  or  payment  and  the  non- 
acceptance  or  nonpayment  thereof,  the  service  of  notice  on  any  and 
all  parties  to  such  bill  of  exchange  or  promissorj^  note  and  specifying 
the  mode  of  giving  such  notice  and  the  reputed  place  of  residence  of 
the  party  to  such  bill  of  exchange  or  promissory  note  and  of  the  party 
to  whom  same  w^as  given  and  the  post-office  nearest  thereto  is  prima 
facie  evidence  of  the  facts  contained  therein. 

Sec.  20.  It  shall  be  the  duty  of  every  notary  public,  on  his  resigna- 
tion or  removal  from  office  or  at  the  expiration  of  his  term  and  in  case 
of  his  death  of  his  legal  representative,  to  forthwith  deposit  all  the 
records  kept  by  him  in  the  office  of  the  clerk  of  the  division  of  the  dis- 
trict court  in  which  he  resides,  and  on  failure  to  do  so  the  person  so 
offending  is  liable  in  damages  to  any  person  injured  thereby. 

Sec.  21.  It  shall  be  the  duty  of  each  clerk  aforesaid  to  receive  and 
safely  keep  all  records  and  papers  of  the  notary  in  each  case  above 
named  and  to  give  attested  copies  of  them  under  his  seal,  for  which 
he  may  demand  such  fees  as  by  law  may  be  allowed  to  the  notaries, 
and  such  copies  shall  have  the  same  effect  as  if  certified  by  the  notary. 

Sec.  22.  Each  notary  must  execute  an  official  bond  in  the  sum  of 
one  thousand  dollars,  which  bond  must  be  approved  by  the  clerk  of 
the  division  of  the  district  court  located  nearest  his  residence. 

Sec.  23.  Each  notary  public,  upon  approval  of  his  official  bond,  so 
soon  as  he  has  taken  his  official  oath,  must  transmit  such  bond  and 
oath,  signed  by  him  with  his  own  proper  signature  to  the  office  of  the 


252  Alaska— 1900 

secretary   of  the  district,   whereupon   the  governor  must  issue   a 
commission. 

Sec.  24.  For  the  official  misconduct  or  neglect  of  a  notary  public, 
he  ajid  sureties  on  his  official  bond  are  liable  to  the  parties  injured 
thereby  for  all  damages  sustained. 

Sec'  25.  The  officers  properly  qualified  and  actually  discharging 
official  duties  in  the  district  at  tiie  time  of  the  approval  of  this  Act 
may  continue  to  act  in  their  respective  official  capacities  until  the 
expiration  of  the  terms  for  which  they  were  respectively  appointed 
unless  sooner  removed. 

Sec.  26.  The  laws  of  the  United  States  relating  to  mining  claims, 
mineral  locations,  and  rights  Incident  thereto  are  nereby  extended  to 
the  District  of  Alaska:  Provided,  That  subject  only  to  such  general 
limitations  as  may  be  necessary  to  exempt  navigation  from  artificial 
obstructions  all  land  and  shoal  water  between  low  and  mean  high  tide 
on  the  shores,  bays,  and  inlets  of  Bering  Sea,  within  the  jurisdiction 
of  the  United  States,  shall  be  subject  to  exploration  and  mining  for 
gold  and  other  precious  metals  by  citizens  of  the  United  States,  or 
persons  who  have  legally  declared  their  intentions  to  become  such, 
under  such  reasonable  rules  and  regulations  as  the  miners  in  organ- 
ized mining  districts  may  have  heretofore  made  or  may  hereafter 
make  governing  the  temporary  possession  thereof  for  exploration 
and  mining  purposes  until  otherwise  provided  by  law:  Provided 
further^  That  the  rules  and  regulations  established  by  the  miners 
shall  not  lie  in  conflict  with  the  mining  laws  of  the  United  States; 
and  no  exclusive  permit  shall  be  granted  by  the  Secretary  of  War 
authorizing  any  person  or  persons,  corporation  or  company  to  exca- 
vate or  mine  under  any  of  said  waters  below  low  tide,  and  if  such 
exclusive  permit  has  been  granted  it  is  hereby  revoked  and  declared 
null  ajid  void ;  but  citizens  of  the  United  States  or  persons  Avho  have 
legally  declared  their  intention  to  become  such  shall  have  the  right 
to  dredge  and  mine  for  gold  or  other  precious  metals  in  said  waters, 
Iwlow  low  tide,  subject  to  such  general  rules  and  regulations  as  the 
Secretary  of  War  may  prescribe  for  the  preservation  of  order  and 
the  protection  of  the  interests  of  commerce;  such  rules  and  regula- 
tions shall  not,  however,  deprive  miners  on  the  beach  of  the  right 
hereby  given  to  dump  tailings  into  or  pump  from  the  sea  oppo- 
site their  claims,  except  where  such  dumping  would  actually  ob- 
struct navigation,  and  the  reservation  of  a  roadway  sixty  feet  wide, 
under  the  tenth  section  of  the  Act  of  May  fourteenth,  eighteen 
hundred  and  ninety-eight,  entitled  "An  Act  extending  the  homestead 
laws  and  providing  for  right  of  way  for  railroads  in  the  District  of 
Alaska,  and  for  other  purposes,"  shall  not  apply  to  mineral  lands  or 
town  sites. 

Sec.  27.  The  Indians  or  persons  conducting  schools  or  missions  in 
the  district  shall  not  be  disturbed  in  the  possession  of  any  lands  now 
actually  in  their  use  or  occupation,  and  the  land,  at  any  station  not 
exceeding  six  hundred  and  forty  acres,  now  occupied  as  missionary 
stations  among  the  Indian  tribes  in  the  section,  with  the  improvements 
thereon  erected  by  or  for  such  societies,  shall  be  continued  in  the  occu- 
pancy of  the  several  religious  societies  to  which  the  missionary  sta- 
tions respectively  belong,  and  the  Secretary  of  the  Interior  is  hereby 
directed  to  have  such  lands  surveyed  in  compact  form  as  nearly  as 


Alaska— 1900  253 

practicable  and  patents  issued  for  the  same  to  the  several  societies  to 
which  they  belong;  but  nothing  contained  in  this  Act  shall  be  con- 
strued to  put  in  force  in  the  district  the  general  land  laws  of  the 
United  States. 

Sec.  28.  The  Secretary  of  the  Interior  shall  make  needful  and 
proper  provision  and  regulations  for  the  education  of  the  children 
of  school  age  in  the  district  of  Alaska,  without  reference  to  race  and 
their  compulsory  attendance  at  school,  until  such  time  as  permanent 
provision  shall  be  made  for  the  same.* 

<i  The  remainder  of  this  act  occupies  over  two  hundred  pages  of  the  Statutes 
at  Large  (vol.  31,  pp.  321-552). 

7251— VOL  1— <)7 19 


ARIZONA 


For  organic  acts  issued  before  1853  relating  to  the  land  now  included  vvitliin 
Arizona,  see  in  this  work  : 

Treaty  of  Cession  with  Mexico,  1848  (California,  p.  377). 

Territorial  Government  of  New  Mexico,  1850  (New  Mexico,  p.  'J<»15). 

TREATY  WITH  MEXICO— 1853 

CoiwJuded,  December  SO,  1853;    rati/icati(}ii.s  cxchauijed  ut  Waffhint/toii,  June  ,S0, 
185 ft;  proclaimed,  June  30,  185.'/. 

In  the  name  of  Almighty  God : 

The  Republic  of  Mexico  and  the  United  States  of  America,  desii'injx 
to  remove  every  cause  of  disagreement  which  might  interfere  in  any 
manner  with  the  better  friendship  and  intercourse  between  the  two 
countries,  and  especially  in  respect  to  the  true  limits  which  should  be 
established,  when,  notwithstanding  what  was  covenanted  in  the  treaty 
of  Guadalupe  Hidalgo  in  the  year  1848,  opposite  interpretations  have 
been  urged,  which  might  give  occasion  to  questions  of  serious  moment ; 
to  avoid  these,  and  to  strengthen  and  more  firmly  maintain  the  peace 
which  happily  prevails  between  the  two  republics,  the  President  of 
the  United  States  has,  for  this  purpose,  appointed  James  Gadsden. 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  same,  near 
the  Mexican  government,  and  the  President  of  Mexico  has  appointed 
as  Plenipotentiary  "wrZ  hoe''  his  excellency  Don  Manuel  Diez  de 
Bonilla,  cavalier  grand  cross  of  the  national  and  distinguished  order 
of  Guadalupe,  and  Secretary  of  State,  and  of  the  office  of  Foreign 
Relations,  and  Don  Jose  Salazar  Ylarregui  and  General  Mariano 
Monterde  as  scientific  commissioners,  invested  with  full  powers  for 
this  negotiation,  who,  having  communicated  their  respective  full 
powers,  and  finding  them  in  due  and  proper  form,  have  agreed  upon 
the  articles  following: 

Articee  I 

The  Mexican  Republic  agrees  to  designate  the  following  as  her  true 
limits  with  the  United  States  for  the  future:  retaining  the  same 
dividing  line  between  the  two  Californias  as  already  defined  and 
established,  according  to  the  5th  article  of  the  treaty  of  Gujidalupc 
Hidalgo,  the  limits  between  the  two  republics  shall  be  as  follows: 
Beginning  in  the  Gulf  of  Mexico,  three  leagues  from  land,  opposite 
the  mouth  of  the  Rio  Grande,  as  provided  in  the  5th  article  of  the 
treaty  of  Guadalupe  Hidalgo;  thence,  as  defined  in  the  said  article, 
up  the  middle  of  that  river  to  the  point  where  the  parallel  of  81°  47' 
north  latitude  crosses  the  same;  thence  due  west  one  hundred  miles; 

255 


256  Arizona— 185S 

thence  south  to  the  parallel  of  31°  20'  north  latitude;  thence  along 
the  said  parallel  of  31°  20'  to  the  11 1th  meridian  of  longitude  west 
of  Greenwich;  thence  in  a  straight  line  to  a  point  on  the  Colorado 
River  twenty  English  miles  below  the  junction  of  the  Gila  and  Colo- 
rado Rivers;  thence  up  the  middle  of  the  said  river  Colorado  until 
it  intersects  the  present  line  Ix^tween  the  United  States  and  Mexico. 

For  the  performance  of  this  j)ortion  of  the  treaty,  each  of  the  two 
governments  shall  nominate  one  commissioner,  to  the  end  that,  by 
common  consent  the  two  thus  nominated,  having  met  in  the  city  of 
Paso  del  Norte,  three  months  after  the  exchange  of  the  ratifications 
of  this  treaty,  may  proceed  to  survey  and  mark  out  upon  the  land  the 
dividing  line  stipulated  by  this  article,  where  it  shall  not  have 
already  been  surveyed  ancl  established  by  the  mixed  commission, 
according  to  the  treaty  of  Guadalupe,  keeping  a  journal  and  making 
proper  plans  of  their  operations.  For  this  purpose,  if  they  should 
judge  it  necessary,  the  contracting  parties  shall  Ixi  at  lil)erty  each  to 
unite  to  its  respective  commissioner,  scientific  or  other  assistants,  such 
as  astronomers  and  surveyors,  whose  concurrence  shall  not  be  con- 
sidered necessary  for  the  settlement  and  ratification  of  a  true  line  of 
division  l)etween  the  two  Republics;  that  line  shall  be  alone  estab- 
lished upon  which  the  commissioners  may  fix,  their  consent  in  this 
particular  l>eing  considered  decisive  and  an  integral  part  of  this 
treaty,  without  necessity  of  ulterior  ratification  or  approval,  and 
Avithout  room  for  interpretation  of  any  kind  by  either  of  the  parties 
contracting. 

The  dividing  line  thus  established  shall,  in  all  time,  l)e  faithfully 
respected  by  the  two  governments,  without  any  variation  therein, 
unless  of  the  express  and  free  consent  of  the  two,  given  in  conformity 
to  the  principles  of  the  law  of  nations,  and  in  accordance  with  the 
constitution  of  each  country  respectively. 

In  consequence,  the  stipulation  in  the  5th  article  of  the  treaty  of 
(iuadalupe  upon  the  boundary  line  therein  described  is  no  longer  of 
any  force,  wherein  it  may  conflict  with  that  here  established,  the  said 
line  l)eing  considered  annulled  and  abolished  Avherever  it  may  not 
coincide  with  the  present,  and  in  the  same  manner  remaining  in  full 
force  where  in  accordance  with  the  same. 

Article  II 

The  government  of  Mexico  hereby  releases  the  United  States  from 
all  liability  on  account  of  the  obligations  contained  in  the  eleventh 
article  of  the  treaty  of  Guadalupe  Hidalgo ;  and  the  said  article  and 
the  thirty-third  article  of  the  treaty  of  amity,  commerce,  and  naviga- 
tion between  the  United  States  of  America  and  the  United  Mexican 
States  concluded  at  Mexico,  on  the  fifth  day  of  April,  1831,  are 
hereby  abrogated. 

Article  III 

In  consideration  of  the  foregoing  stipulations,  the  Government  of 
the  United  States  agrees  to  pay  to  the  government  of  Mexico,  in  the 
city  of  Xew  York,  tlie  sum  of  ten  millions  of  dollars,  of  which  seven 
millions  shall  he  paid  immediately  upon  the  exchange  of  the  ratifi- 
cations of  this  treaty,  and  the  remaining  three  millions  as  soon  as  the 
boundary  line  shall  be  surveyed,  marked,  and  established. 


Arizona — 18S3  257 

Article  IV 

The  provisions  of  the  0th  and  7th  articles  of  the  treaty  of  Guada- 
lupe Hidalgo  having  been  rendered  nugatory,  for  the  most  part,  by 
the  cession  of  territory  granted  in  the  first  article  of  this  treaty,  the 
said  articles  are  hereby  abrogated  and  annulled,  and  the  provisions 
as  herein  expressed  substituted  therefor.  The  vessels,  and  citizens  of 
the  United  States,  shall,  in  all  time,  have  free  and  uninterrupted 
passage  through  the  Gulf  of  California,  to  and  from  their  posses- 
sions situated  north  of  the  boundarv  line  of  the  two  countries.  It 
being  understood  that  this  passage  is  to  be  by  navigating  the  Gulf 
of  California  and  the  river  Colorado,  and  not  bv  land,  without  the 
express  consent  of  the  Mexican  government ;  and  precisely  the  same 
provisions,  stipulations,  and  restrictions,  in  all  respects,  are  hereby 
agreed  upon  and  adopted,  and  shall  be  scrupulously  observed  and 
enforced  by  the  two  contracting  governments  in  reference  to  the  Rio 
Colorado,  so  far  and  for  such  distance  as  the  middle  of  that  river  is 
made  their  common  boundary  line  by  the  first  article  of  this  treaty. 

The  several  provisions,  stipulations,  and  restrictions  contained  in 
the  7th  article  of  the  treaty  of  Guadalupe  Hidalgo  shall  remain  in 
force  only  so  far  as  regards  the  Rio  Bravo  del  Norte,  below  the 
initial  of  the  said  boundary  provided  in  the  first  article  of  this  treaty ; 
that  is  to  say,  below  the  mtersection  of  the  31°  47'  30''  parallel  of 
latitude,  wuth  the  boundary  line  established  by  the  late  treaty  divid- 
ing said  river  from  its  mouth  upwards,  according  to  the  firth  arti- 
cle of  the  treaty  of  (iruadalupe. 

Article  V 

All  the  provisions  of  the  eighth  and  ninth,  sixteenth  and  seven- 
teenth articles  of  the  treaty  of  Guadalupe  Hidalgo,  shall  applv  to 
the  territory  ceded  by  the  Mexican  Republic  in  the  first  article  of  the 
present  treaty,  and  to  all  the  rights  of  persons  and  property,  both  civil 
and  ecclesiastical,  within  the  same,  as  fully  and  as  effectually  as  if 
the  said  articles  were  herein  again  recited  and  set  forth. 

Article  VI 

No  grants  of  land  within  the  territory  ceded  by  the  first  article  of 
this  treaty  bearing  date  subsequent  to  the  day — twenty-fifth  of 
September — when  the  minister  and  subscriber  to  this  treaty  on  the 
part  of  the  United  States,  proposed  to  the  Government  of  Mexico  to 
terminate  the  question  of  boundary,  will  be  considered  valid  or  be 
recognized  by  the  United  States,  or  will  any  grants  made  previously 
be  respected  or  be  considered  as  obligatory  which  have  not  been 
located  and  duly  recorded  in  the  archives  of  Mexico. 

Article  VII 

Should  there  at  any  future  period  (which  God  forbid)  occur  any 
disagreement  between  the  two  nations  which  might  lead  to  a  rupture 
of  their  relations  and  reciprocal  peace,  they  bind  themselves  in  like 
manner  to  procure  by  every  possible  method  the  adjustment  of 
every  difference ;  and  should  they  still  in  this  manner  not  succeed, 


258  Arizona— 1853 

never  Avill  they  proceed  to  a  declaration  of  war,  without  having" pre- 
viously paid  attention  to  what  has  been  set  forth  in  article  twenty-one 
of  the  treaty  of  Guadalupe  for  similar  cases;  which  article,  as  well 
as  the  twenty-second,  is  here  reaffirmed. 

Article  VIII 

The  Mexican  Government  having  on  the  5th  of  February,  1853, 
authorized  the  early  construction  of  a  plank  and  railroad  across  the 
Isthnuis  of  Tehuantepec,  and,  to  secure  the  stable  benefits  of  said 
transit  way  to  the  persons  and  merchandise  of  the  citiztMis  of  Mexico 
and  the  United  States,  it  is  stipulated  that  neither  government  will 
interpose  any  obstacle  to  the  transit  of  i)ersons  and  merchandise  of 
both  nations;  and  at  no  time  shall  higher  charges  he  made  on  the 
transit  of  persons  and  property  of  citizens  of  the  United  States, 
than  may  be  made  on  the  persons  and  property  of  other  foreign 
nations,  nor  shall  any  interest  in  said  transit  way.  nor  in  the  ])roceeds 
thereof,  be  transferred  to  any  foreign  government. 

The  United  States,  by  its  agents,  shall  have  the  right  to  transport 
across  the  isthnuis,  in  closed  bags,  the  mails  of  the  United  States  not 
intended  for  distribution  along  the  line  of  communication;  also  the 
effects  of  the  United  States  government  and  its  citizens,  which  may 
be  intended  for  transit,  and  not  for  distribution  on  the  isthmus,  free 
of  custom-house  or  other  charges  by  the  Mexican  government. 
Neither  passports  nor  letters  of  security  will  be  required  of  persons 
crossing  the  isthmus  and  not  remaining  in  the  country. 

A\Tien'  the  construction  of  the  railroad  shall  be  completed,  the 
Mexican  government  agrees  to  open  a  port  of  entry  in  addition  to  the 
port  of  Vera  Cruz,  at  or  near  the  terminus  of  said  road  on  the  Gulf 
of  Mexico. 

The  two  governments  will  enter  into  arrangements  for  the  prompt 
transit  of  troops  and  munitions  of  the  United  States,  which  that  gov- 
ernment may  have  occasion  to  send  from  one  part  of  its  territory  to 
another,  lying  on  opposite  sides  of  the  continent. 

The  Mexican  government  having  agreed  to  protect  with  its  whole 
power  the  prosecution,  preservation,  and  security  of  the  work,  the 
United  States  may  extend  its  protection  as  it  shall  judge  wise  to  it 
when  it  may  feel  sanctioned  and  warranted  by  the  public  or  inter- 
national law. 

Article  IX 

This  treaty  shall  be  ratified,  and  the  respective  ratifications  shall 
be  exchanged  at  the  city  of  Washington  within  the  exact  period  of 
six  months  from  the  date  of  its  signature,  or  sooner,  if  possible. 

In  testimony  whereof,  we,  the  plenipotentiaries  of  the  contracting 
parties,  have  hereunto  affixed  our  hands  and  seals  at  Mexico,  the  thir- 
tieth (30th)  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-three,  in  the  thirty-third  year  of  the  inde- 
pendence of  the  Mexican  republic,  and  the  seventy-eighth  of  that  of 
the  United  States. 

James  Gadsden,  [l.  s.] 

Manuel  Diez  de  Bonilla,  [l.  s.] 
Jose  Salazar  Ylarregui,  [l.  s.] 
J.  Mariano  Monterde,       [l.  s.] 


Arizona — 1863  259 

TERRITORIAL  GOVERNMENT   OF  ARIZONA— 1863 « 

[Thirty-seventh  Congress.  Third  Session] 

An  Act  to  provide  a  temporary  Government  for  the  Territory  of  Arizona,  and  for 

other  Purposes 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  tlie 
United  States  of  America  in  Congress  assembled,  That  all  that  part 
of  the  present  Territory  of  New  Mexico  situate  west  of  a  line  running 
due  south  from  the  point  where  the  southwest  corner  of  the  Territory 
of  Colorado  joins  the  northern  boundary  of  the  Territory  of  New 
Mexico  to  the  southern  boundary  line  of  said  Territory  of  New 
Mexico  be,  and  the  same  is  hereby,  erected  into  a  temporary  govern- 
ment by  the  name  of  the  Territory  of  Arizona  :  Provided,  That  noth- 
ing contained  in  the  provisions  of  this  act  shall  be  construed  to 
prohibit  the  Congress  of  the  United  States  from  dividing  said  Terri- 
tory or  changing  its  boundaries  in  such  manner  and  at  such  time  as 
it  may  deem  proper:  Provided,  further,  That  said  government  shall 
be  maintained  and  continued  until  such  time  as  the  people  residing  in 
said  Territory  shall,  with  the  consent  of  Congress,  form  a  State  gov- 
ernment, republican  in  form,  as  prescribed  in  the  Constitution  of  the 
United  States,  and  apply  for  and  obtain  admission  into  the  Union  as 
a  State,  on  an  equal  footing  with  the  original  States. 

Sec.  2.  And  he  it  further  enacted.  That  the  government  hereby 
authorized  shall  consist  of  an  executive,  legislative,  and  judicial 
power.  The  executive  power  shall  be  vested  in  a  govertior.  The 
legislative  power  shall  consist  of  a  council  of  nine  members,  and  a 
house  of  representatives  of  eighteen.  The  judicial  power  shall  be 
vested  in  a  supreme  court,  to  consist  of  three  judges,  and  such  inferior 
courts  as  the  legislative  council  may  by  law  prescribe;  there  shall 
also  be  a  secretary,  a  marshal,  a  district  attorney,  and  a  surveyor- 
general  for  said  Territory,  who,  together  with  the  governor  and 
judges  of  the  supreme  court,  shall  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  the  term  of  office 
for  each,  the  manner  of  their  appointment,  and  the  powers,  duties, 
and  the  compensation  of  the  governor,  legislative  assembly,  judges  of 
the  supreme  court,  secretary,  marshal,  district  attorney,  and  surveyor- 
general  aforesaid,  with  their  clerks,  draughtsman,  deputies,  and  ser- 
geant-at-arms,'shall  be  such  as  are  conferred  upon  the  same  officers  by 
the  act  organizing  the  Territorial  government  of  New  Mexico,  which 
subordinate  officers  shall  be  appointed  in  the  same  manner,  and  not 

o  For  other  statutes  of  an  organic  nature  relating  to  Arizona  subsecjuent  to 
1868.  see  an  act  to  regulate  elective  franchise  in,  January  25,  1867;  to  prohibit 
special  acts  of  incorix»ration,  March  2.  1867;  to  confirm  apiK)rtioninent  and  to 
amend  certain  laws  of.  March  23,  1870;  to  limit  the  duration  of  legislative  ses- 
sions and  to  fix  the  pay  of  members,  .January  2;*,.  1873 ;  to  empower  legislative 
assembly  to  pass  general  laws  for  the  incorporation  of  certain  companies.  .Tune 
10,  1872 ;  to  fix  the  nature  of  governor's  veto  power.  .July  10.  1876 :  to  fix  number 
of  members  and  compensation  of  each  house  of  legislature.  .Tune  10.  1878.  .Tune 
27,  1879 ;  to  limit  legislature's  power  to  pass  special  acts  of  incoriwration.  March 
.':.  1885;  to  prohibit  many  forms  of  special  legislation.  ,Tuly  .30.  1886:  to  i)ermit 
the  erection  of  counties.  July  10.  1888;  to  give  control  over  liquor  traffic.  August 
8.  1890 ;  to  provide  for  appeals  to  TTnlted  States  circuit  court  of  api)eals,  March 
3,  1891. 


260  Arizona— 1863 

exceed  in  number  those  created  by  said  act;  and  act«;  amendatory 
thereto,  together  with  all  legislative  enactments  of  the  Territory  oi 
New  Mexico  not  inconsistent  with  the  provisions  of  this  act,  are 
hereby  extended  to  and  continued  in  force  in  the  said  Territory  of 
Arizona,  until  repealed  or  amended  by  future  legislation:  Provided, 
That  no  salary  shall  be  due  or  paid  the  officers  created  by  this  act  until 
ihey  have  entered  upon  the  duties  of  their  respective  offices  within  the 
said  Territory. 

Sec.  3.  And  he  it  further  enacted^  That  there  shall  neither  be  slav- 
ery nor  involuntary  servitude  in  the  said  Territory,  otherwise  than 
in  the  punishment  of  crimes,  whereof  the  parties  shall  have  been 
duly  convicted ;  and  all  acts  and  parts  of  acts,  either  of  Congress  or 
of  the  Territory  of  New  Mexico,  establishing,  regulating  or  in  any 
way  recognizing  the  relation  of  master  and  slave  in  said  Territory, 
are  hereby  repealed. 

Approved,  February  24, 1863. 


ENABLING  ACT  FOR  ARIZONA  AND  NEW  MEXICO— 1906 

(See  OklaUoma.  p.  29tM>.) 


ARKANSAS 

For  organic  acts  issued  before  1817  relating  to  tlie  land  now  included  within 
Arliansas,  see  in  this  vvorlt : 

Treaty  Ceding  Louisiana,  1808  (Louisiana,  p.  135J>). 
The  District  of  Louisiana,  18()4  (Louisiana,  p.  1364). 
The  Territory  of  Louisiana,  1805  (Louisiana,  p.  1371). 
The  Territory  of  Missouri,  1812  (Missouri,  p.  21,39). 

TERRITORIAL  GOVERNMENT  OF  ARKANSAS— 1819  « 

I  F'lFTEENTii  Congress,  Second  Session  | 

An  Act  establishing  a  separate  territorial  government  in  the  southern  i)art  of 
the  Territorj'  of  Missouri 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That,  from  and 
after  the  fourth  day  of  July  next,  all  that  part  of  the  Territory  of 
Missouri  which  lies  south  of  a  line  beginning  on  the  Mississippi 
River,  at  thirty-six  decrees  north  latitude,  running  thence  west  to 
the  river  Saint  Frangois;  thence,  up  the  same,  to  thirty-six  degrees 
thirty  minutes  north  latitude ;  and  thence,  west,  to  the  western  terri- 
torial boundary-line;  shall,  for  the  purposes  of  a  territorial  govern- 
ment, constitute  a  separate  Territory,  and  be  called  the  Arkansaw 
Territory. 

Sec.  2.  And  he  it  further  enacted,  That  there  shall  be  established 
in  the  said  Territory  of  Arkansaw,  a  temporary  government,  to 
consist  of  three  departments,  the  executive,  the  legislative,  and  the 
judiciary. 

Sec.  3.  And  he  it  further  enacted,  That  the  executive  power  shall 
be  vested  in  a  governor,  who  shall  reside  in  the  said  Territory,  and 
shall  hold  his  office  during  three  years,  unless  sooner  removed  by  the 
President  of  the  United  States;  he  shall  be  commander-in-chief  of 
the  militia  of  said  Territory,  shall  have  power  to  appoint  and  com- 
mission all  officers  required  by  law  to  be  appointed  for  said  Territory, 
whose  appointments  are  not  otherwise  provided  for  by  this  act;  shall 

o  For  other  statutes  of  an  organic  nature  relating  to  Arkansas  subsequent  to 
1819,  see  the  act  to  declare  the  provisions  of  eai'lier  laws  resi>ecting  Missouri 
Territory  in  force  in  Arkansas,  April  24,  1820;  to  fix  the  western  boundary 
of,  May  26,  1824;  to  reorganize  the  courts  and  permit  the  erection 'of  counties, 
April  17,  1828;  to  mark  boundary  with  Louisiana,  M:iy  19.  1828;  to  pay  salaries 
of  legislative  council  and  of  officers,  JLiy  24.  1828;  to  authorize  citizens  to 
elect  officers,  and  giving  governor  a  qualified  veto  upon  the  action  of  the  two 
houses  of  the  legislature,  January  21,  1829;  to  appoint  a  brigadier-general  over 
the  militia,  April  1.'),  1&30;  to  authorize  the  courts  to  revei-se  certain  decisions, 
May  8,  1830;  to  authorize  governor  to  appoint  to  certain  vacancies.  May  8,  18.30; 
to  define  qualifications  of  electors.  May  31,  1832;  to  increase  salaries  of  judges, 
June  30,  1834. 

261 


262  Arkansas-  1  SI  9 

take  care  that  the  hnvs  he  faitlifiilly  exeeuted;  shall  have  power  to 
grant  pardons  for  ofl'enses  against  the  said  Territory,  and  reprieves 
for  those  against  the  United  States,  until  the  decision  of  the  President 
thereon  shall  have  been  made  known;  shall,  on  extraordinary  occa- 
sions, have  power  to  convene  the  general  assembly,  hereinafter  pro- 
videtl  for,  after  one  shall  have  l)een  organized  in  conformity  to  law ; 
shall,  ex-officio,  l)e  suj)erintendent  of  Indian  aifairs,  and  shall  have 
.such  other  powers,  and  perform  such  further  duties,  as  are  by  law. 
given  to,  and  imi)osed  on,  the  governor  of  the  Missouri  Territory,  in 
all  cases  in  whicli  they  shall  become  legally  applicable  to  the  Terri- 
tory of  Arkansaw. 

Sec.  4.  And  be  it  further  enacted,  That  there  shall  be  a  secretary 
for  the  said  Territory,  Avho  shall  reside  therein  and  continue  in 
office  for  the  term  of  four  years,  unless  sooner  removed  by  the  Presi- 
dent ;  he  shall  jierform  all  the  duties  imposed  on  the  secretary  for 
the  Territory  of  Missouri,  by  an  act  of  Congress  of  the  fourth  of 
June,  eighteen  hundred  and  twelve,  entitled  ''An  act  providing  foi- 
the  government  of  Missouri." 

Sec.  5.  And  he  it  further  enaeted,  That  the  legislative  power  shall", 
until  the  organization  of  the  general  assembly,  hereinafter  provided 
for,  be  vested  in  the  governor  and  the  judges  of  the  sui)erior  court 
of  the  Territory,  who  shall  have  power  to  jiass  any  law  for  the  ad- 
ministration of  justice  in  said  Territory,  which  shall  not  be  repug- 
nant to  this  act,  or  inconsistent  with  the  Constitution  of  the  United 
States:  Provided,  That  whenever  the  general  assembly  shall  be 
organized,  all  the  legislative  power  of  the  Territory  shall  l)e  vested 
in,  and  be  exercised  by,  the  said  general  assembly. 

Sec.  C.  And  he  it  further  enacted,  That  so  much  of  the  act  of  Con- 
gress of  the  fourth  of  June,  eighteen  hundred  and  twelve,  entitled 
"An  act  providing  for  the  government  of  the  Territory  of  Missouri," 
as  relates  to  the  organization  of  a  general  assembly  therein,  pre- 
scribes the  powers  and  privileges  thereof,  the  mode  of  election,  and 
period  of  service,  of  the  members  thereof,  and  defines  the  qualifica- 
tions and  privileges  of  the  electors  and  elected,  shall  be  in  full  force 
and  operation  in  the  Arkansaw  Territory,  to  the  extent  of  its  appli- 
cation, so  soon  as  the  governor  thereof  shall  be  satisfied  that  such  is 
the  desire  of  a  majority  of  the  freeholders  thereof,  and  not  until 
then:  Provided,  That  until  there  shall  be  five  thousand  free  white 
males,  of  the  age  of  twenty-one  3'ears  and  upwards,  resident  in  the 
said  Territory,  the  whole  number  of  representatives  shall  not  exceed 
nine. 

Sec.  7.  And  he  it  further  enacted,  That  the  judicial  power  of  the 
Territory  shall  be  vested  in  a  superior  court,  and  in  such  inferior 
courts  as  the  legislative  department  of  the  Territory  shall,  from  time 
to  time,  institute  and  establish,  and  in  justices  of  the  peace.  The 
superior  court  shall  be  composed  of  three  judges,  who  shall  reside  in 
the  Territory,  and  continue  in  office  for  the  term  of  four  years,  unless 
sooner  removed  by  the  President.  The  superior  court  shall  have 
jurisdiction  in  all  criminal  and  penal  cases,  and  exclusive  cognizance 
of  all  capital  cases,  and  shall  have  and  exercise  original  jurisdiction, 
concurrently  with  the  inferior  courts,  and  exclusive  appellate  juris- 
diction in  all  civil  cases  in  which  the  amount  in  controversy  shall  be 
one  hundred  dollars  or  upwards.     The  superior  court  shall  be  holden 


Arkansas — 1819  263 

at  such  times  and  place,  or  places,  as  the  legislative  department  shall 
direct,  and  continue  in  session  until  the  Dusiness  therein  shall  be 
disposed  of,  or  as  long  as  shall  be  prescribed  by  law.  Provided, 
That  any  two  of  the  judges  shall  constitute  a  court  of  appellate,  and 
any  one  a  court  of  original,  jurisdiction. 

Sec.  8.  And  he  it  further  enacted,  That  the  governor,  secretary, 
judges,  and  all  other  officers,  of  the  Territory,  civil  and  military, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take  an 
oath  or  affirmation  to  support  the  Constitution  of  the  United  States, 
and  to  discharge,  with  fidelity,  the  duties  of  their  offices;  the  gov- 
ernor, before  a  judge  of  the  supreme  or  district  court  of  the  United 
States,  or  a  judge  of  the  superior  court  of  the  said  Territory;  the 
secretary  and  judges,  before  the  said  governor,  or  a  judge  of  the 
supreme  or  district  court  of  the  United  States ;  and  all  other  officers, 
before  the  governor,  or  any  of  the  judges  of  the  supreme  or  inferior 
courts,  or  justices  of  the  peace,  of  said  Territory. 

Sec.  9.  And  he  it  further  enacted,  That  the  governor,  secretary,  and 
judges  of  the  superior  court  authorized  for  said  Territory,  during  the 
temporary  government  thereof,  shall  be  appointed  by  the  President 
of  the  United  States,  with  the  advice  and  consent  of  the  Senate: 
Provided,  That  the  President  shall  have  full  poAver,  during  the  recess 
of  the  Senate,  to  commission  all  or  any  of  the  said  officers,  until  the 
end  of  the  session  of  Congress  next  succeeding  the  date  of  the  com- 
mission. The  governor,  secretary,  and  judges  of  the  superior  court 
shall  receive  the  same  compensation,  payable  quarter-yearly,  which 
the  governor,  secretary,  and  superior  judges  of  the  Missouri  Territory 
are  entitled  to  by  law. 

Sec.  10.  And  he  it  further  enacted,  That  all  the  laws  which  shall  be 
in  force  in  the  Territory  of  Missouri,  on  the  fourth  day  of  July  next, 
not  inconsistent  with  the  provisions  of  this  act,  and  which  shall  be 
applicable  to  the  Territory  of  Arkansaw,  shall  be,  and  continue,  in 
force  in  the  latter  Territory,  until  modified  or  repealed  by  the  legis- 
lative authority  thereof. 

Sec.  11.  And  he  it  further  enacted.  That  the  bounty-lands  granted, 
or  hereafter  to  be  granted,  for  military  services  during  the  late  war, 
shall,  while  they  continue  to  be  held  by  the  patentees  or  their  heirs, 
remain  exempt  from  all  taxes,  for  the  term  of  three  years  from  and 
after  the  date  of  the  patents  respectively. 

Sec.  12.  And  he  it  further  enacted,  That  whenever,  according  to  the 
provisions  of  this  act,  the  people  of  the  Arkansaw  Territory  shall  have 
a  right  to  elect  members  of  the  house  of  representatives  of  their 
general  assembly,  they  shall  also  have  the  right  to  elect  a  Delegate 
from  the  said  Territory  to  the  Congress  of  the  United  States,  who  shall 
possess  the  same  powers,  enjoy  the  same  privileges,  and  receive  the 
same  compensation  granted  and  secured  by  law  to  the  delegates  from 
other  Territories. 

Sec.  13.  And  he  it  further  enacted,  That  until  otherwise  directed 
by  the  legislative  department  of  the  said  Territory  of  Arkansaw,  the 
seat  of  the  territorial  government  thereof  shall  be  the  post  of  Arkan- 
saw, on  the  Arkansaw  River. 

Sec.  14.  And  he  it  further  enacted.  That  the  line  now  established 
by  law,  between  the  land-offices  at  the  seat  of  justice  in  the  county  of 
Lawrence,  and  at  the  town  of  Jackson,  in  the  county  of  Cape  Girar- 


264  A  rknnsas—1836 

fleaiu  shall,  from  and  after  the  ])assaj;e  of  this  act.  lie  so  altered  as  to 
run,  be  the  same,  and  c'orrespf)nd.  ^^ith  the  northern  line  of  the  said 
Territory  of  Arkansaw,  anything  in  the  act,  entitled  "An  act  making 
provision  for  the  establishment  of  additional  land-offices  in  the  Ter- 
ritory of  Missouri,"  passed  the  seventeenth  day  of  February,  one 
thousand  eight  hundred  and  eighteen,  to  the  contrary  notwithstanding. 
Approved  March  2,  1819. 


ENABLING  ACT  FOR  ARKANSAS— 1836 

[TWENTY-FOUBTH     CONGRESS,     FiBST     SESSION] 

An  Act  for  tho  julinlssion  of  the  State  of  Arkansas  into  the  I'nion.  and  to  pro- 
vide for  the  due  exe<-ution  of  the  hiws  t)f  the  I'nlted  States  within  the  same, 
and  for  other  piirposes 

Whereas,  the  people  of  the  Territory  of  Arkansas  did,  on  the  thir- 
tieth day  of  January,  in  the  present  year,  by  a  convention  of  delegates 
called  and  assembled  for  that  purpose,  form  for  themselves  a  con- 
stitution and  State  government,  which  constitution  and  State  govern- 
ment, so  formed,  is  republican:  And  whereas  the  number  of  inhab- 
itants within  the  said  Territory  exceeds  forty-seven  thousand  seven 
hundred  persons,  computed  according  to  the  rule  prescribed  by  the 
Constitution  of  the  United  States;  and  the  said  convention  have,  in 
their  behalf,  asked  the  Congress  of  the  United  States  to  admit  the  said 
Territory  into  the  Union  as  a  State,  on  an  equal  footing  with  the 
original  States: 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  State  of 
Arkansas  shall  be  one,  and  is  hereby  declared  to  be  one,  of  the  United 
States  of  America,  and  admitted  into  the  Union  on  an  equal  footing 
with  the  original  States  in  all  respects  whatever;  and  the  said  State 
shall  consist  of  all  the  territory  included  within  the  following 
boundaries,  to  wit :  Beginning  in  the  middle  of  the  main  channel  of 
the  Mississippi  l\iver,  on  tlie  parallel  of  thirtv-six  degrees  north  lati- 
tude, running  from  thence  west,  with  the  said  parallel  of  latitude,  to 
the  Saint  Francis  River;  thence  up  the  middle  of  the  main  channel 
of  said  river  to  the  parallel  of  thirty-six  degrees,  thirty  minutes, 
north;  from  thence  west  to  the  southwest  corner  of  the  State  of 
Missouri;  and  from  thence  to  be  bounded  on  the  west,  to  the  north 
bank  of  Red  River,  by  the  lines  described  in  the  first  article  of  the 
treaty  between  the  United  States  and  the  Cherokee  Nation  of  Indians, 
west  of  the  Mississippi,  made  and  concluded  at  the  city  of  AVashing- 
ton,  on  the  twenty-sixth  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  twenty-eight;  and  to  be  bounded  on 
the  south  side  of  Red  River  by  the  Mexican  boundary-line,  to  the 
northwest  corner  of  the  State  of  Louisiana ;  thence  east,  witfi  the 
Ix)uisiana  State  line,  to  the  middle  of  the  main  channel  of  the  Missis- 
sippi River;  thence  up  the  middle  of  the  main  channel  of  the  said 
river  to  the  thirty-sixth  degree  of  north  latitude,  the  point  of 
l)eginning. 

Sec.  2.  And  he  it  further  enacted.  That  until  the  next  general 
census  shall  be  taken,  the  said  State  shall  be  entitled  to  one  Represent- 
tative  in  the  House  of  Representatives  of  the  United  States. 


Arkansas — 1836  265 

Sec.  3.  And  be  it  farther  enacted.  That  all  the  laws  of  the  United 
States,  which  are  not  locally  inapplicable,  shall  have  the  same  force 
and  effect  within  the  said  State  of  Arkansas  as  elsewhere  within  the 
United  States. 

Sec.  4,  And  he  it  further  enacted,  That  the  said  State  shall  be  one 
judicial  district,  and  be  called  the  Arkansas  district;  and  a  district 
court  shall  be  held  therein,  to  consist  of  one  judge,  who  shall  reside 
in  the  said  district,  and  be  called  a  district  judge.  He  shall  hold,  at 
the  seat  of  government  of  the  said  State,  two  sessions  annually,  on 
the  first  Mondays  of  April  and  November;  and  he  shall,  in  all  things, 
have  and  exercise  the  same  jurisdiction  and  powers  which  were  by 
law  given  to  the  judge  of  the  Kentucky  district,  under  an  act  entitled 
"An  act  to  establish  the  judicial  courts  of  the  United  States."  He 
shall  appoint  a  clerk  for  the  said  district  court,  Avho  shall  reside  and 
keep  the  records  of  the  court,  at  the  place  of  holding  the  same ;  and 
shall  receive,  for  the  services  iDcrformed  by  him,  the  same  fees  to 
which  the  clerk  of  the  Kentucky  district  is  entitled  for  similar 
services. 

Sec.  5.  And  he  it  further  enacted,  That  there  shall  be  allowed  to 
the  judge  of  the  said  district  court  the  annual  compensation  of  two 
thousand  dollars,  to  conmience  from  the  date  of  his  appointment,  to 
be  paid  quarter-yearly  at  the  Treasury  of  the  United  States. 

Sec.  6.  And  he  it  further  eiiacted,  That  there  shall  be  appointed 
in  the  said  district  a  person  learned  in  the  law,  to  act  as  attorney  for 
the  United  States,  who  shall,  in  addition  to  his  stated  fees,  be  paid 
by  the  United  States  two  hundred  dollars,  as  a  full  compensation 
for  all  extra  services. 

Sec.  7.  And  he  it  further  enacted,  That  a  marshal  shall  be  appointed 
for  the  said  district,  who  shall  perform  the  same  duties,  be  subject  to 
the  same  regulations  and  penalties,  and  be  entitled  to  the  same  fees, 
as  are  prescribed  to  marshals  in  other  districts;  and  he  shall,  more- 
over, be  entitled  to  the  sum  of  two  hundred  dollars  annually,  as  a 
compensation  for  all  extra  services. 

Sec.  8.  And  he  it  further  enacted.  That  the  State  ot  Arkansas  is 
admitted  into  the  Union  upon  the  express  condition,  that  the  people 
of  the  said  State  shall  never  interfere  with  the  primary  disposal  of  the 
public  lands  within  the  said  State,  nor  shall  they  levy  a  tax  on  any 
of  the  lands  of  the  United  States  within  the  said  State ;  and  nothing 
in  this  act  shall  be  construed  as  an  assent  by  Congress  to  all  or  to  any 
of  the  propositions  contained  in  the  ordinance  oi  the  said  convention 
of  the  people  of  Arkansas,  nor  to  deprive  the  said  State  of  Arkansas 
of  the  same  grants,  subject  to  the  same  restrictions,  which  w^ere  made 
to  the  State  of  Missouri,  by  virtue  of  an  act  entitled  "An  act  to 
authorize  the  people  of  the  Missouri  Territory  to  form  a  constitution 
and  State  government,  and  for  the  admission  of  such  State  into  the 
Union,  on  an  equal  footing  with  the  original  States,  and  to  prohibit 
slavery  in  certain  Territories,"  approved  the  sixth  day  of  March,  one 
thousand  eight  hundred  and  twenty. 

Approved,  June  15,  1836. 


266  Arkamas—18S6 

SUPPLEMENTARY  ENABLING  ACT  FOR  ARKANSAS— 1836  « 

[TWENTY-FOUBTH    CONGRESS,    FiBST    SESSION  J 

An  Ai't  supplemontary  t<»  the  a<'t  ontitletl.  "An  act  for  the  admission  <»f  the  State 
of  Arkansjis  into  tlie  I'nion.  and  to  provide  for  the  dne  execution  of  the  hiws 
of  the  United  States  within  the  same,  and  for  other  punwses  " 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  in  lieu  of  the 
propositions  submitted  to  the  Congress  of  the  United  States,  by  an 
ordniance  passed  by  the  convention  of  delegates  at  Little  Kock,  assem- 
bled for  the  purpose  of  making  a  constitution  for  the  State  of  Arkan- 
sas, Avhich  are  hereby  rejected;  and  that  the  following  propositions 
be,  and  the  same  are  hereby,  offered  to  the  general  assembly  of  the 
State  of  Arkansas,  for  their  free  acceptance  or  rejection,  which,  if 
accepted,  under  the  authority  granted  to  the  said  general  assembly  for 
this  purpose,  bv  the  convention  which  fi*amed  the  constitution  of  the 
said  State,  shall  be  obligatory  upon  the  United  States: 

First,  That  section  numbered  sixteen  in  every  township,  and,  when 
such  section  has  been  sold  or  otherwise  disposed  of,  other  lands 
equivalent  thereto,  and  as  contiguous  as  may  be,  shall  be  granted  to 
the  State  for  the  use  of  the  inhabitants  of  such  township  for  the  use 
of  schools. 

Second.  That  all  salt-springs  not  exceeding  twelve  in  number, 
with  six  sections  of  land  adjoining  to  each,  shall  be  granted  to  the 
said  State,  for  the  use  of  said  State,  the  same  to  be  selected  by  the 
general  assembly  thereof  on  or  before  the  first  day  of  January,  one 
tliousand  eight  hundred  and  foi"ty;  and  the  same,  when  so  selected, 
to  l)e  used  under  such  terms,  conditions,  and  regulations,  as  the  gen- 
eral assembly  of  the  said  State  shall  direct:  Provided^  That  no  salt- 
spring,  the  right  whereof  is  now  vested  in  any  individual  or  individ- 
uals, or  which  may  hereafter  l)e  confirmed  or  adjudged  to  any  indi- 
vidual or  individuals,  shall  by  this  section  be  granted  to  said  State : 
And  provided,  also^  That  the  general  assembly  shall  never  sell  or 
lease  the  same,  at  any  one  time,  for  a  longer  period  than  ten  years, 
without  the  consent  of  Congress;  and  that  nothing  contained  in  the 
act  of  Congress  entitled,  "An  act  authorizing  the  governor  of  the 
Territory  of  Arkansas  to  lease  the  salt-springs  in  said  Territory,  and 
for  other  purposes,"  or  in  any  other  act,  shall  be  construed  to  give  to 

n  The  following  acts  of  Congress  are  In  substantial  modification  of  the  enabling 
act,  viz : 

I.  "An  act  to  authorize  the  legislatures  of  the  States  of  Illinois.  Arlcansjis. 
Ix>uisiana,  and  Tennessee  to  sell  the  lands  heretofore  appropriated  for  the  use 
of  schools  In  those  States,"  approved  February  15.  184.S. 

II.  "An  act  giving  the  as.sent  of  Congress  to  a  change  of  the  compact  entere<l 
into  l>et«-een  the  I'nitetl  States  and  the  State  of  Arkansas,  on  her  admission 
into  the  Union,"  approved  .Tuly  20.  1846.  [Authorizing  the  general  assembly  of 
the  State  to  appropriate  for  the  use  and  l)enefit  of  conimon  schools,  or  in  any 
other  mode  deeme<l  proper,  for  the  promotion  of  e<iucation.  certain  lands,  known 
as  "  Seminary  Lands."  therefore,  by  direction  of  act  of  Congress,  appropriated 
solel.v  to  the  use  and  support  of  a  university.] 

III.  Section  3  of  "An  act  to  give  the  consent  of  Congress  to  the  sale  of  certain 
salt-spring  lands,  lieretofore  granted  to  the  States  of  Michigan,  Illinois,  and 
Arkansas,"  approved  March  3,  1847. 


Arkansas— 1 836  267 

the  said  State  any  fiiitlier  or  other  claim  whatsoever,  to  any  salt- 
springs  or  lands  adjoining  thereto,  than  to  those  hereby  granted. 

Third.  That  five  per  cent  of  the  nett  proceeds  of  the  sale  of  lands 
lying  within  the  said  State,  and  which  shall  be  sold  by  Congress  from 
and  after  the  first  day  of  July  next,  after  deducting  all  expenses 
incident  to  the  same,  shall  be  reserved  for  making  public  roads  and 
canals  within  the  said  State,  under  the  direction  of  the  general  assem- 
bly thereof. 

Fourth.  That  a  quantity  of  land  not  exceeding  five  sections  be,  and 
the  same  is  hereby,  granted  to  the  said  State,  in  addition  to  the  ten 
sections  which  have  already  been  granted,  for  the  purpose  of  complet- 
ing the  public  buildings  ot  the  said  State,  at  Little  Rock;  which  said 
five  sections  shall,  under  the  direction  of  the  general  assembly  of  said 
State,  be  located,  at  any  time,  in  legal  divisions  of  not  less  than  one 
quarter-section,  in  such  townships  and  ranges  as  the  general  assembly 
aforesaid  may  select,  on  any  of  the  unappropriated  lands  of  the 
United  States  within  the  said  State. 

Fifth.  That  the  two  entire  townships  of  land  which  have  already 
been  located  by  virtue  of  the  act  entitled  "An  act  concerning  a  sem- 
inary of  learning  in  the  Territory  of  Arkansas,"  approved  the  second 
of  March,  one  thousand  eight  hundred  and  twenty-seven,  are  hereby 
vested  in,  and  confirmed  to,  the  general  assembly  of  the  said  State,  to 
be  appropriated  solely  to  the  use  of  such  seminary  by  the  general 
assembly:  Prorided,  That  the  five  foregoing  propositions  herein 
offered  are  on  the  condition  that  the  general  assembly  or  legislature 
of  the  said  State,  by  virtue  of  the  powers  conferred  upon  it  by  the 
convention  which  framed  the  constitution  of  the  said  State,  shall  pro- 
vide, by  an  ordinance  irrevocable  without  the  consent  of  the  United 
States,  that  the  said  general  assembly  of  said  State  shall  never  inter- 
fere with  the  i^rimarv  disposal  of  the  soil  Avithin  the  same  by  the 
United  States,  nor  Avith  anv  regulations  Congress  may  find  necessary 
for  securing  the  title  m  such  soil  to  the  hona-fdc  purchasers  thereof; 
and  that  no  tax  shall  be  imposed  on  lands  the  property  of  the  United 
States;  and  that  in  no  case  shall  non-resident  proprietors  be  taxed 
higher  than  residents;  and  that  the  bounty-lands  granted,  or  here- 
after to  be  granted,  for  military  services  during  the  late  war,  shall, 
whilst  they  continue  to  be  held  'w.the  patentees  or  their  heirs,  remain 
exempt  from  any  tax  laid  by  order  or  under  the  authority  of  the 
State,  whether  for  State,  county,  township,  or  any  other  purpose,  for 
the  term  of  three  years  from  and  after  the  date  of  the  patents  respec- 
tively. 

Approved,  June  23, 1830. 


ORDINANCE   OF  ACCEPTANCE   BY  ARKANSAS— 1836 

Ordinance  and  acceptance  of  compact  by  the  general  assembly  of  the  State  of 

Arkansas 

Be  it  ordained  hy  the  general  assembly  of  the  State  of  Arkansas^ 
By  virtue  of  the  authority  vested  in  said  general  assembly  by  the  pro- 
visions of  the  ordinance  adopted  l)y  the  convention  of  delegates  assem- 
bled at  Little  Eock,  for  the  purpose  of  forming  a  constitution  and 
system  of  government  for  said  State,  that  the  propositions  set  forth 


268  Arkansas— 1836 

in  "All  act  supplomontary  to  tlie  act  entitled  'An  act  for  the  admission 
of  the  State  or  Arkansas  into  the  Union,  and  to  provide  for  the  due 
execution  of  the  laws  of  the  United  States  within  the  same,  and  for 
other  purposes,' "  be,  and  the  same  are  hereby,  freely  accepted,  rati- 
fied, and  irrevocably  confirmed,  as  articles  of  compact  and  union 
betwtH'n  the  State  of  Arkansas  and  the  United  States. 

And  he  it  further  ordained  by  the  authority  aforesaid^  That  the 
general  assembly  of  the  State  of  Arkansas  shall  never  interfere,  with- 
out the  consent  of  the  United  States,  with  the  primary  disposal  of  the 
soil  within  said  State,  owned  by  the  United  States,  nor  with  any 
regulations  Congress  may  find  necessary  for  securing  the  title  in  such 
soil  to  the  hona-fide  purchasers  thereof;  and  that  no  tax  shall  lx», 
imposed  on  lands  the  i)roperty  of  the  United  States;  and  that  in  no 
case  shall  non-resident  proprietors  be  taxed  higher  than  resident; 
and  that  the  bounty-lands  granted,  or  hereafter  to  be  granted,  for 
military  services  during  the  late  war,  shall,  while  they  continue  to 
be  held  by  the  patentees  or  their  heirs,  remain  exempt  from  any  tax 
laid  by  order,  or  under  the  authority,  of  the  State,  whether  for  State, 
county,  township,  or  any  other  purpose,  for  the  term  of  three  years 
from  and  after  the  date  of  the  patents  respectively. 

Approved,  October  18,  1836. 

CONSTITUTION  OF  ARKANSAS— 1836  *  « 

We,  the  people  of  the  Territory  of  Arkansas,  by  our  representatives 
in  convention  assembled,  at  Little  Rock,  on  Monday,  the  4th  day  of 
January,  A.  D.  1836,  and  of  the  Independence  of  the  United  States 
the  sixtieth  year,  having  the  right  of  admission  into  the  Union  as  one 
of  the  United  States  of  America,  consistent  with  the  Federal  Consti- 
tution, and  by  virtue  of  the  treaty  of  cession,  by  France  to  the  United 
States,  of  the  Province  of  Louisiana,  in  order  to  secure  to  ourselves 
and  our  posterity  the  enjoyment  of  all  the  rights  of  life,  liberty,  and 
jiroperty,  and  the  free  pursuit  of  happiness,  do  mutually  agree  with 
each  other  to  form  ourselves  into  a  free  and  independent  State,  by  the 
name  and  style  of  ''  The  State  of  Arkansas,"  and  do  ordain  and  estab- 
lish the  following  constitution  for  the  government  thereof : 

ARTICLE  I 

OF   BOUNDARIES 

We  do  declare  and  establish,  ratify  and  confirm,  the  following  as 
the  permanent  boundaries  of  said  State  of  Arkansas,  that  is  to  say: 
Beginning  in  the  middle  of  the  main  channel  of  the  Mississippi  river, 

*  Verified  by  Judge  U.  M.  Rose's  text  in  his  edition  of  the  eonstitutions  of 
Arlcansas :  The  Constitutions  of  the  State  of  Arltansas  Framed  and  Adopted  By 
the  Convention  Which  Assembled  at  Little  Hock,  July  14,  1874,  and  Ratified  By 
the  People  of  State  at  the  Election  Held  October  13th,  1874.  With  an  Appendix. 
Containing  the  Constitutions  of  the  United  States,  and  the  Constitutions  of 
Arkansas  of  1836,  1861,  1864,  and  18(>8.  With  Notes  by  U.  M.  Hose.  Little 
Rock,  Ark. :  Press  Printing  Company.  1801.  pp.  17.5-20,'i.  Also  from  the  text 
of  the  constitution  as  amended,  from  the  Biennial  Reix)rt  of  the  Secretarj*  of 
State  of  Arkansas.  Hon.  O.  C.  Ludwig.     Little  Rock :  1906.     pp.  17-68. 

<»  This  constitution  was  framtnl  by  a  convention  which  met  January  4,  1836, 
and  adjourned  January  30,  1836.     It  was  not  submittetl  to  the  people. 


Arkansas    -1836  269 

on  the  parallel  of  thirty-six  degrees  north  latitude;  running  from 
thence  west  with  the  said  parallel  of  latitude  to  the  Saint  Francis 
river;  thence  up  the  middle  of  the  main  channel  of  said  river  to  the 
parallel  of  thirty-six  degrees,  thirty  minutes  north ;  from  thence  west 
to  the  southwest  corner  of  the  State  of  Missouri ;  and  from  thence  to 
be  bounded  on  the  west,  to  the  north  bank  of  Red  river,  as  by  acts  of 
Congress  and  treaties  heretofore  defining  the  western  limits  of  the 
Territory  of  Arkansas ;  and  to  be  bounded  on  the  south  side  of  Red 
river  by  the  Mexican  boundary-line  to  the  northwest  corner  of  the 
State  of  Louisiana ;  thence  east  with  the  Louisiana  State  line  to  the 
middle  of  the  main  channel  of  the  Mississippi  river;  thence  up  the 
middle  of  the  main  channel  of  said  river  to  the  thirty-sixth  degree  of 
north  latitude,  the  point  of  beginning. 

Article  II 

DECLARATION    OF   RIGHTS 

That  the  great  and  essential  principles  of  liberty  and  free  govern- 
ment may  be  recognized  and  unalterably  established,  we  declare : 

Section  1.  That  all  freemen,  when  they  form  a  social  compact,  are 
equal,  and  have  certain  inherent  and  indefeasible  rights,  among  which 
are  those  of  enjoying  and  defending  life  and  liberty;  of  acquiring, 
possessing  and  protecting  property  and  reputation ;  and  of  pursuing 
their  own  happiness. 

Sec.  2.  That  all  power  is  inherent  in  the  people ;  and  all  free  govern- 
ments are  founded  on  their  authority,  and  instituted  for  their  peace, 
safety  and  happiness.  Yov  the  advancement  of  these  ends,  they  have, 
at  all  times,  an  unqualified  right  to  alter,  reform  or  abolish  their 
government,  in  such  manner  as  they  may  think  proper. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  consciences ; 
and  no  man  can  of  right  be  compelled  to  attend,  erect  or  support  any 
place  of  worship,  or  to  maintain  any  ministry  against  his  consent. 
That  no  human  authority  can,  in  any  case  whatever,  interfere  with 
the  rights  of  conscience ;  and  that  no  preference  shall  ever  be  given  to 
any  religious  establishment  or  mode  of  worship. 

Sec.  4.  That  the  civil  rights,  privileges  or  capacities  of  any  citizen 
shall  in  no  wise  be  diminished  or  enlarged  on  account  of  his  religion. 

Sec.  5.  That  all  elections  shall  be  free  and  equal. 

Sec.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  7.  That  printing-presses  shall  be  free  to  every  person ;  and  no 
law  shall  ever  be  made  to  restrain  the  rights  thereof.  The  free  com- 
munication of  thoughts  and  opinions  is  one  of  the  invaluable  rights 
of  man ;  and  every  citizen  may  freely  speak,  write  and  print  on  any 
subject — being  responsible  for  the  abuse  of  that  liberty. 

Sec.  8.  In  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers  or  men  in  public  capacity,  or  where  the 
matter  published  is  proper  for  public  information,  the  truth  thereof 
may  be  given  in  evidence:  and  in  all  indictments  for  libels,  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts. 

Sec.  9.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  searches  and  seizures;  and 
7251— VOL  1—07 20 


270  Arkansas— 1886 

tliat  general  warrants,  whereby  any  officer  may  be  commanded  to 
search  suspected  places,  without  eviaence  of  the  fact  conunitted,  or  to 
seize  any  person  or  persons  not  named,  whose  offences  are  not  particu- 
larly described  and  supported  by  evidence,  are  dangerous  to  liberty, 
and  shall  not  be  granted. 

Sec.  10.  That  no  freeman  shall  be  taken  or  imprisoned,  or  disseized 
of  his  freehold,  liberties  or  privileges,  or  outlawed  or  exiled,  or  in  any 
numner  destroyed  or  deprived  of  nis  life,  lil>erty  or  property,  but  by 
the  judgment  of  his  peers,  or  the  law  of  the  land. 

Sec.  11.  That  in  all  criminal  prosecutions  the  accu.sed  hath  a  right 
to  be  heard  by  himself  and  counsel ;  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  and  to  have  a  copy  thereof;  to  meet 
the  witnesses  face  to  face ;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  in  prosecutions  by  indictment  or  present- 
ment, a  speedy  public  trial  by  an  impartial  jury  of  the  county  or  dis- 
trict in  which  the  crime  shall  have  been  committed;  and  shall  not 
be  compelled  to  give  evidence  against  himself. 

Sec.  12.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  life  or  limb. 

Sec.  13.  That  all  penalties  shall  be  reasonable,  and  proportioned 
to  the  nature  of  the  offence. 

Sec.  14.  That  no  man  shall  be  put  to  answer  any  criminal  charge, 
but  by  j)resentment,  indictment  or  impeachment. 

Sec.  15.  That  no  conviction  shall  work  corruption  of  blood  or  for- 
feiture of  estate. 

Sec.  16.  That  all  prisoners  shall  be  bailable  by  sufficient  securities, 
unless  in  capital  offences,  where  the  proof  is  evident  or  the  presump- 
tion great,  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  where,  m  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  17.  That  excessive  bail  shall  in  no  case  be  required,  nor  exces- 
sive fines  imposed. 

Sec.  18.  That  no  ex  post  facto  law,  or  any  law  impairing  the  obli- 
gation of  contracts,  shall  ever  be  made. 

Sec.  19.  That  perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  republic,  and  shall  not  be  allowed;  nor  shall  any  heredi- 
tary emolument,  privileges  or  honors  ever  be  granted  or  conferred  in 
this  State. 

Sec.  20.  That  the  citizens  have  a  right  in  a  peaceable  manner  to 
assemble  together  for  their  common  good,  to  instruct  their  represent- 
atives, and  to  apply  to  those  invested  with  the  jjower  of  the  govern- 
ment for  redress  or  grievances,  or  other  proper  purposes,  by  address 
or  remonstrance. 

Sec.  21.  That  the  free  white  men  of  this  State  shall  have  a  right  to 
keep  and  to  bear  arms  for  their  common  defence. 

Sec.  22.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner;  nor  in  time  of  war,  but  in 
a  manner  prescribed  by  law. 

Sec.  23.  The  military  shall  be  kept  in  strict  subordination  to  the 
civil  power. 

Sec.  24.  This  enumeration  of  rights  shall  not  l^e  construed  to  deny 
or  disparage  othei-s  retained  by  the  people;  and,  to  guard  against  any 


Arkansas— 1836  271 

encroachments  on  the  rights  herein  retained,  or  any  transgression  of 
anj  of  the  higher  powers  herein  delegated,  we  declare  that  every- 
thing in  this  article  is  excepted  out  of  the  general  powers  of  the  gov- 
ernment, and  shall  forever  remain  inviolate;  and  that  all  laws  con- 
trary thereto,  or  to  the  other  provisions  herein  contained,  shall  be  void. 

Article  III 

or   DEPARTMENTS 

Section  1.  The  powers  of  the  government  of  the  State  of  Arkansas 
shall  be  divided  into  three  distinct  departments,  each  of  them  to  be 
confided  to  a  separate  body  of  magistracy,  to  wit:  those  which  are 
legislative,  to  one;  those  which  are  executive,  to  another;  and  those 
which  are  judicial,  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  belonging  to  either  of  the 
others ;  except  in  the  instances  hereinafter  expressly  directed  or  per- 
mitted. 

Article  IV 

LEGISLATIVE   DEPARTMENT 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a  senate,  and  a  house  of  rep- 
resentatives. 

qualifications  of  electors 

Sec.  2.  Every  free  white  male  citizen  of  the  United  States,  who 
shall  have  attained  the  age  of  twenty-one  years,  and  who  shall  liave 
been  a  citizen  of  this  State  six  months,  shall  be  deemed  a  qualified 
elector,  and  be  entitled  to  vote  in  the  county  or  district  where  he 
actually  resides,  for  each  and  every  office  made  elective  under  this 
State,  or  under  the  United  States:  Provided,  That  no  soldier,  sea- 
man, or  marine,  in  the  Army  or  Navy  of  the  United  States,  shall  be 
entitled  to  vote  at  any  election  within  this  State. 

TIME  OF   choosing  KEPRESENTAT1^  ES 

Sec.  3.  The  House  of  Representatives  shall  consist  of  members  to 
be  chosen  every  second  year,  by  the  qualified  electors  of  the  several 
counties. 

QUALIFICATIONS  OF  A  REPRESENTATIVE 

Sec.  4.  No  person  shall  be  a  member  of  the  House  of  Representa- 
tives, who  shall  not  have  attained  the  age  of  twenty-five  yeai-s;  who 
shall  not  be  a  free  white  male  citizen  of  the  United  States;  who  shall 
not  have  been  an  inhabitant  of  this  State  one  year;  and  who  shall 
not,  at  the  time  of  his  election,  haye  an  actual  residence  in  the  county 
he  may  be  chosen  to  represent. 


272  Arkansas— 1836 

QUALIFICATIONS  OF  A  SENATOR 

Sec.  5.  The  Senate  shall  consist  of  members  to  be  chosen  every 
four  yeai*s,  by  the  qualified  electoi*s  of  the  several  districts. 

Sec.  C.  No  pei*son  shall  Ije  a  Senator,  who  shall  not  have  attained 
the  age  of  thirtj^  years;  who  shall  not  be  a  free  white  male  citizen  of 
the  United  States;  who  shall  not  have  been  an  inhabitant  of  this 
State  one  year;  and  who  shall  not,  at  the  time  of  his  election,  have 
an  actual  residence  in  the  district  he  may  be  chosen  to  represent. 

MEETING  OF  THE  GENERAL  ASSEMBLY 

Sec.  7.  The  General  Assembly  shall  meet  every  two  years,  on  the 
first  Monday  of  November,  at  the  seat  of  government,  until  altered 
by  law. 

THE  MODE  OF  ELECTION,  AND  TIME,  AND  PRIVILEGE  OF  ELECTORS 

Sec.  8.  All  general  elections  shall  be  viva  voce,  until  otherwise 
directed  by  law,  and  shall  commence  and  be  holden  every  two  years, 
on  the  first  Monday  in  October,  until  altered  by  law ;  and  the  electors 
in  all  cases  except  in  cases  of  treason,  felony  and  breach  of  the  peace, 
shall  be  privileged  from  arrest  during  their  attendance  on  elections, 
and  in  going  to  and  returning  therefrom. 

DUTY  OF  GOVERNOR 

Sec.  9.  The  Governor  shall  issue  writs  of  election  to  fill  such  vacan- 
cies as  shall  occur  in  either  House  of  the  General  Assembly. 

Sec.  10.  No  Judge  of  the  Supreme,  Circuit  or  Inferior  Courts  of 
law  or  equity.  Secretary  of  State,  Attorney  for  the  State,  State 
Auditor  or  Treasurer,  Register  or  Recorder,  Clerk  of  any  Court  of 
Record,  Sheriff,  Coroner,  Member  of  Congress,  nor  any  other  person 
holding  any  lucrative  office  under  the  United  States  or  this  State, 
(militia  officers.  Justices  of  the  Peace,  Postmasters  and  Judges  of 
the  County  Courts  excepted,)  shall  l^e  eligible  to  a  seat  in  either 
House  of  the  General  Assembly. 

Sec.  11.  No  person  who  now  is,  or  shall  be  hereafter,  a  collector 
or  holder  of  public  money,  nor  any  assistant  or  deputy  of  such  holder 
or  collector  of  public!  money,  shall  Ixi  eligible  to  a  seat  in  either 
House  of  the  General  Assemblv,  nor  to  any  office  of  profit  or  trust, 
until  he  shall  have  accounted  ior  and  paid  over  all  sums  for  which 
he  may  have  been  liable. 

Sec.  12.  The  General  Assembly  shall  exclude  from  every  office  of 
trust  or  profit,  and  from  the  right  of  suffrage,  within  this  State,  all 
persons  convicted  of  bril^ery,  iierjury,  or  other  infamous  crime. 

Sec.  18.  Every  person  who  shall  have  Ix'en  convicted  of  directly  or 
indirectly  giving  or  offering  anv  bril)e.  to  procure  his  election  or 
appointment,  shall  be  disqualified  from  holding  any  office  of  trust  or 

{>rofit  under  this  State;  and  any  person  who  shall  give  or  offer  any 
)ril)e  to  j)rocure  the  election  or  appointment  of  any  person,  shall,  on 
conviction  thereof.  1h'  disqualified  from  l)eing  an  elector,  or  from 
holding  office  of  trust  or  profit  under  this  State. 


A  rknmns—18S6  2T.\ 

Sec.  14.  No  Senator  or  Representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  State,  which  shall  have  lx;en  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  his  continuance  of  office,  except  to 
such  office  as  shall  be  filled  by  the  election  of  the  people. 

Sec.  15.  Each  House  shall  appoint  its  own  officers,  and  shall  judge 
of  the  qualifications,  returns  and  elections  of  its  own  members.  Two- 
thirds  of  each  House  shall  constitute  a  quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  compel  the  attend- 
ance of  absent  members,  in  such  manner,  and  under  such  penalties,  as 
each  House  shall  provide. 

Sec.  16.  Each  House  may  determine  the  rule  of  its  proceedings, 
punish  its  own  members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds  of  the  members  elected,  expel  a  member;  but  no 
member  shall  be  expelled  a  second  time  for  the  same  offence.  They 
shall  each,  from  time  to  time,  publish  a  journal  of  their  proceedings, 
except  such  parts  as  may  in  their  opinion  require  secrecy;  and  the 
yeas  and  nays  upon  any  question  shall  be  entered  on  the  journal,  at 
the  desire  of  any  five  members. 

Sec.  17,  The  door  of  each  House  when  in  session  or  in  committee 
of  the  whole,  shall  be  kept  open,  except  in  cases  which  may  require 
secrecy;  and  each  House  may  punish  by  fine  and  imprisonment,  any 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  House, 
by  any  disorderly  or  contemptuous  behavior  in  their  presence,  during 
their  session ;  but  such  imprisonment  shall  not  extend  beyond  the  final 
adjournment  of  that  session. 

Sec.  18.  Bills  may  originate  in  either  House,  and  be  amended  or 
rejected  in  the  other;  and  every  bill  shall  be  read  on  three  different 
days  in  each  House,  unless  two-thirds  of  the  House  where  the  same  is 
pending  shall  dispense  with  the  rules.  And  every  bill  having  passed 
both  Houses,  shall  be  signed  by  the  President  of  the  Senate  and  the 
Speaker  of  the  House  or  Representatives. 

Sec.  19.  AVhenever  an  officer,  civil  or  military,  shall  be  appointed 
by  the  joint  or  concurrent  vote  of  both  Houses,  or  by  the  separate 
vote  of  either  House  of  the  General  Assembly,  the  vote  shall  be  taken 
viva  voce^  and  entered  on  the  journal. 

Sec.  20.  The  Senators  and  Representatives  shall,  in  all  cases  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest, 
during  the  session  of  the  General  Assembly,  and  for  fifteen  days 
before  the  commencement  and  after  the  termination  of  each  session; 
and  for  any  speech  or  debate  in  either  House,  they  shall  not  be  ques- 
tioned in  any  other  place. 

Sec.  21.  The  members  of  the  General  Assembly  shall  severally 
receive,  from  the  public  treasury,  compensation  tor  their  services, 
which  may  be  increased  or  diminished ;  but  no  alteration  of  such  com- 
pensation of  members  shall  take  effect  during  the  session  at  which  it 
is  made. 

THE  MANNER  OF  BRINGING  SUITS  AGAINST  THE  STATE 

Sec.  22.  The  General  Assembly  shall  direct  by  law,  in  what  courts, 
and  in  what  manner  suits  may  be  commenced  against  the  State. 
Sec.  23.  They  shall  have  power  to  pass  all  laws  that  are  necessary 


274  Arkansas— 1836 

to  prohibit  the  iiitrochiction  into  this  State  of  any  slave  or  slaves, 
who  may  have  committed  any  high  crime,  in  any  other  State  or 
Territory. 

Sec.  24.  The  General  Assembly  shall  not  have  power  to  pass  any 
bill  of  divorce;  but  may  prescribe  by  law  the  manner  in  which  such 
cases  shall  be  investigated  in  the  courts  of  justice  and  divorces 
granted. 

Sec.  25.  The  general  assembly  shall  have  power  to  prohibit  the 
introduction  of  any  slave  or  slaves,  for  the  purpose  of  speculation,  or 
as  an  article  of  trade  and  merchandise;  to  oblige  the  owner  of  any 
slave  or  slaves  to  treat  them  with  humanity:  and,  in  the  prosecution 
of  slaves  for  any  crime,  they  shall  not  l>e  deprived  of  an  impartial 
jury;  and  any  slave  who  shall  1x3  convicted  of  a  capital  offence,  shall 
suffer  the  same  degree  of  i)unishment  as  would  be  inflicted  on  a  free 
white  |)erson,  and  no  other;  and  courts  of  justice,  before  whom  slaves 
shall  be  tried,  shall  assign  them  counsel  for  their  defence. 

Sec.  2G.  The  governor,  secretary  of  state,  auditor,  treasurer,  and  all 
the  judges  of  the  supreme,  circuit  and  inferior  courts  of  law  and 
equity,  and  the  prosecuting  attorneys  for  the  State,  shall  be  liable 
to  impeachment,  for  any  malpractice  or  misdemeanor  in  office;  but 
judgment  in  such  cases  shall  not  extend  further  than  removal  froni 
office,  and  disqualification  to  hold  any  office  of  honor,  trust  or  j)rofit 
under  this  State:  the  party  impeached,  whether  convicted  or  ac- 
quitted, shall  nevertheless  be  liable  to  be  indicted,  tried  and  punished, 
according  to  law. 

Sec.  27.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment,  and  all  impeachments  shall  be  tried  by  the  senate;  and 
when  sitting  for  that  i)urpose,  the  senators  shall  be  on  oath  or  affirma- 
tion to  do  justice  according  to  law  and  evidence.  When  the  governor 
shall  be  tried,  the  chief  justice  of  the  supreme  court  shall  preside; 
and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  or  all  the  senators  elected:  and  for  reasonable  cause,  which 
shall  not  be  sufficient  ground  of  impeachment,  the  governor  shall, 
on  the  joint  address  of  two-thirds  of  each  branch  of  the  legislature, 
remove  from  office  the  judges  of  the  supreme  and  inferior  courts: 
Provided,  The  cause  or  causes  of  removal  be  spread  on  the  journals, 
and  the  party  charged  be  notified  of  the  same,  and  heard  by  himself 
and  counsel,  before  the  vote  is  finally  taken  and  decided. 

Sec.  28.  The  appointment  of  all  officers,  not  otherwise  directed  by 
this  constitution,  shall  he  made  in  such  manner  as  may  be  prescribed 
by  law :  and  all  officei"s,  both  civil  and  military,  acting  under  the 
authority  of  this  State,  shall,  before  entry  on  the  duties  of  their 
respective  offices,  take  an  oath  or  affirmation  to  support  the  Constitu- 
tion of  the  United  States  and  of  this  State,  and  to  demean  them- 
selves faithfully  in  office. 

Sec.  20.  No  county  now  established  by  law,  shall  ever  be  reduced, 
by  the  establishment  of  any  new  county  or  counties,  to  less  than  nine 
hundred  square  miles,  nor  to  a  less  population  than  its  ratio  of  rep- 
resentation in  the  house  of  representatives;  nor  shall  any  county  be 
hereafter  established,  which  shall  contain  less  than  nine  hundred 
square  miles,  (except  Washington  County,  which  may  be  reduced  to 
six  hundred  square  miles,)  or  a  less  population  than  w^ould  entitle 
each  county  to  a  member  in  the  house  of  representatives. 


Arkansas— 18S0  275 

Sec.  30.  The  style  of  the  Ieavs  of  this  State  shall  be — "5e  U  enacted 
by  the  general  assembly  of  the  State  of  Arkarisasy 

Sec.  31.  The  State  shall  from  time  to  time  be  divided  into  conveni- 
ent districts,  in  such  manner  that  the  senate  shall  be  based  upon  the 
free  white  male  inhabitants  of  the  State,  each  senator  representing 
an  equal  number,  as  nearly  as  practicable ;  and  until  the  first  enumera- 
tion of  the  inhabitants  shall  be  taken,  the  districts  shall  be  arranged  as 
follows : 

The  county  of  Washington  shall  compose  one  district,  and  elect  two 
senators ; 

The  counties  of  Carroll,  Searcy  and  Izard  shall  compose  one  dis- 
trict, and  elect  one  senator. 

The  counties  of  Independence  and  Jackson  shall  compose  one  dis- 
trict, and  elect  one  senator. 

The  counties  of  Lawrence  and  Randolph  shall  compose  one  distri(;t. 
and  elect  one  senator. 

The  counties  of  Johnson  and  Pope  shall  compose  one  district,  and 
elect  one  senator. 

The  counties  of  Crawford  and  Scott  shall  compose  one  district,  and 
elect  one  senator. 

The  counties  of  Conway  and  Van  Buren  shall  compose  one  district, 
and  elect  one  senator. 

The  counties  of  Pulaski,  White  and  Saline  shall  compose  one  dis- 
trict, an  elect  one  senator. 

The  counties  of  Hot  Spring,  Clark  and  Pike  shall  compose  one  dis- 
trict, and  elect  one  senator. 

The  counties  of  Hempstead  and  Lafayette  shall  compose  one  dis- 
trict, and  elect  one  senator. 

The  counties  of  Sevier  and  Miller  shall  compose  one  district,  and 
elect  one  senator. 

The  counties  of  Chicot  and  Union  shall  compose  one  district,  and 
elect  one  senator. 

The  counties  of  Arkansas  and  Jefferson  shall  compose  one  district, 
and  elect  one  senator. 

The  counties  of  Phillips  and  Monroe  shall  compose  one  district, 
and  elect  one  senator. 

The  counties  of  Saint  Francis  and  Greene  shall  compose  one  dis- 
trict, and  elect  one  senator. 

The  counties  of  Crittenden  and  Mississippi  shall  compose  one  dis- 
trict, and  elect  one  senator. 

And  the  senate  shall  never  consist  of  less  than  seventeen  nor  more 
than  thirty-three  members ;  and  as  soon  as  the  senate  shall  meet  after 
the  first  election  to  be  held  under  this  constitution,  they  shall  cause 
the  senators  to  be  divided  by  lot  into  two  classes — nine  of  the  first 
class  and  eight  of  the  second;  and  the  seats  of  the  first  class  shall 
be  vacated  at  the  end  of  two  years  from  the  time  of  their  election, 
and  the  seats  of  the  second  class  at  the  end  of  four  years  from  the 
time  of  their  election ;  in  order  that  one  class  of  the  senators  may  be 
elected  every  two  years. 

Sec.  32.  An  enumeration  of  the  inhabitants  of  the  State  shall  be 
taken  under  the  direction  of  the  general  assembly,  on  the  first  day  of 
January,  one  thousand  eight  hundred  and  thirty-eight,  and  at  th* 
end  of  every  four  years  thereafter;  and  the  general  assembly  shall, 


276  ArknnHafi—lSSO 

at  the  first  session  after  the  return  of  every  enumeration,  so  alter  and 
arrange  the  senatorial  districts  that  each  district  shall  contain,  as 
nearly  as  practicable,  an  equal  number  of  free  white  male  inhabitants: 
Provided,  That  Wasliington  County,  as  long  as  its  population  shall 
justify  the  same,  mav,  according  to  its  numbers,  elect  more  than  one 
senator;  and  such  districts  shall  then  remain  unaltered,  until  the 
return  of  another  enumeration,  and  shall  at  all  times  consist  of  con- 
tiguous territory;  and  no  county  shall  be  divided  in  the  formation  of 
a  senatorial  district. 

Sec.  33.  The  ratio  of  representation  in  the  senate,  shall  be  fifteen 
hundred  free  white  male  inhabitants  to  each  senator,  until  the  sena- 
tors amount  to  twenty-five  in  number ;  and  then  they  shall  be  equally 
apportioned,  upon  the  same  basis,  throughout  the  State,  in  such  ratio 
as  the  increased  numbers  of  free  white  male  inhabitants  may  require, 
without  increasing  the  senators  to  a  greater  number  than  twenty- 
five,  until  the  population  of  the  State  amounts  to  five  hundred  thou- 
sand souls;  and  when  an  increase  of  senators  takes  place,  the}'  shall, 
from  time  to  time,  be  divided  by  lot,  and  classed  as  prescribed  above. 

Sec.  34.  The  house  of  representatives  shall  consist  of  not  less  than 
fifty-four,  nor  more  than  one  hundred  representatives,  to  be  appor- 
tioned among  the  several  counties  in  this  State,  according  to  the  num- 
ber of  free  white  male  inhabitants  therein,  taking  five  hundred  as 
the  ratio,  until  the  number  of  representatives  amounts  to  seventy- 
five  ;  and  when  they  amount  to  seventy-five,  they  shall  not  be  further 
increased  until  the  population  of  the  State  amounts  to  five  hundred 
thousand  souls:  Provided,  That  each  county  now  organized  shall, 
although  its  population  may  not  give  the  existing  ratio,  always  be 
entitled  to  one  representative;  and  until  the  first  enumeration  shall 
be  taken,  the  representatives  shall  be  apportioned  among  the  several 
counties,  as  follows: 

The  county  of  Washington  shall  elect  six  representatives. 

The  county  of  Scott  shall  elect  one  representative. 

The  county  of  Johnson  shall  elect  two  representatives. 

The  county  of  Pope  shall  elect  two  representatives. 

The  county  of  Conway  shall  elect  one  representative. 

The  county  of  Van  Buren  shall  elect  one  representative. 

The  county  of  Carroll  shall  elect  two  representatives. 

The  county  of  Searcy  shall  elect  one  representative. 

The  county  of  Izard  shall  elect  one  representative. 

The  county  of  Inde])endence  shall  elect  two  representatives. 

The  county  of  Crawford  shall  elect  three  representatives. 

The  county  of  Jackson  shall  elect  one  representative. 

The  county  of  Lawrence  shall  elect  two  representatives. 

The  county  of  Randolph  shall  elect  two  representatives. 

The  county  of  AMiite  shall  elect  one  representative. 

The  county  of  Pulaski  shall  elect  two  representatives. 

The  county  of  Saline  shall  elect  one  representative. 

The  county  of  Hot  Spring  shall  elect  one  representatiA^e. 

The  county  of  Clarke  shall  elect  one  representative. 

The  county  of  Saint  Francis  shall  elect  two  representatives. 

The  county  of  Pike  shall  elect  one  representative. 

The  county  of  Hempstead  shall  elect  two  representatives. 

The  county  of  ISIiller  shall  elect  one  representative. 


Arkansas — ISSf)  277 

The  county  of  Sevier  shall  elect  one  representative. 

The  county  of  Lafayette  shall  elect  one  representative. 

The  county  of  Union  shall  elect  one  representative. 

The  county  of  Arkansas  shall  elect  two  representatives. 

The  county  of  Jefferson  shall  elect  one  representative. 

The  county  of  Monroe  shall  elect  one  representative. 

The  county  of  Phillips  shall  elect  two  representatives. 

The  county  of  Greene  shall  elect  one  representative. 

The  county  of  Crittenden  shall  elect  two  representatives. 

The  county  of  Mississippi  shall  elect  one  representative. 

The  county  of  Chicot  shall  elect  two  representatives. 

And  at  the  first  session  of  the  general  assembly  after  the  return  of 
every  enumeration,  the  representation  shall  be  equalh^  divided  and 
re-apportioned  among  the  several  counties,  according  to  the  number 
of  free  white  males  in  each  county,  as  above  prescrih^d. 

MODE   OP   AMENDING   THE   CONSTITUTION 

Sec.  35.  The  General  Assemblj'^  may  at  any  time  propose  such 
amendments  to  this  Constitution  as  two-thirds  of  each  house  shall 
deem  expedient,  which  shall  be  published  in  all  the  newspapers  pub- 
lished in  this  State,  three  several  times,  at  least  twelve  months  before 
the  next  general  election;  and  if,  at  the  first  session  of  the  General 
assembly  after  such  general  election,  two-thirds  of  each  house  shall, 
by  yeas  and  nays,  ratify  such  proposed  amendments,  they  shall  be 
valid  to  all  intents  and  purposes,  as  parts  of  this  constitution :  Pro- 
mded,  That  such  proposed  amendments  shall  be  read  on  three  several 
days,  in  each  house,  as  w^ell  when  the  same  are  proposed,  as  when  they 
are  finally  ratified. 

Article  V 

EXECUTIVE   department 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  "  the  governor  of 
the  State  of  Arkansas." 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors,  at 
the  time  and  places  where  they  shall  respectively  vote  for  representa- 
tives. 

Sec.  3.  The  returns  of  every  election  for  governor  shall  be  seal<jd 
up  and  transmitted  to  the  speaker  of  the  house  of  representatives, 
who  shall,  during  the  first  week  of  the  session,  open  and  publish  them 
in  the  presence  of  both  houses  of  the  general  assembly.  The  person 
having  the  highest  number  of  votes  shall  be  the  Governor;  but  if  two 
or  more  shall  be  equal  and  highest  in  votes,  one  of  them  shall  be 
chosen  governor  by  the  joint  vote  of  both  houses.  Contested  elections 
for  governor  shall  be  determined  by  both  Houses  of  the  General 
Assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  governor  shall  hold  his  office  for  the  term  of  four 
years  from  the  time  of  his  installation,  and  until  his  successor  shall 
be  duly  qualified;  but  he  shall  not  be  eligible  for  more  than  eight 
years  in  any  term  of  twelve  years.  He  shall  be  at  least  thirty  years 
of  age,  a  native-born  citizen  of  Arkansas,  or  a  native-born  citizen  of 


278  Arkamas—18Sf) 

the  United  States,  or  a  resident  of  Arkansas  ten  years  previous  to  the 
adoption  of  this  constitution,  if  not  a  native  of  the  United  States; 
and  shall  have  been  a  resident  of  the  same  at  least  four  years  next 
before  his  election. 

Sec.  5.  He  shall,  at  stated  times,  receive  a  compensation  for  his 
services,  which  shall  not  be  increased  or  diminishecf  during  the  term 
for  which  he  shall  have  been  elected;  nor  shall  he  receive,  within  that 
period,  any  other  emolument  from  the  United  States,  or  any  one  of 
them,  or  from  any  foreign  power. 

Sec.  6.  He  shall  be  commander-in-chief  of  the  army  of  this  State, 
and  of  the  militia  thereof,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

Sec.  7.  He  may  require  any  information,  in  writing,  from  the  offi- 
cers of  the  executive  department,  on  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  8.  He  may,  by  proclamation,  on  extraordinary  occasions,  con- 
vene the  general  assembly,  at  the  seat  of  government,  or  at  a  different 
place,  if  that  shall  have  become,  since  their  last  adjournment,  dan- 
gerous from  an  enemy  or  from  contagious  diseases.  In  case  of  dis- 
agreement l)etween  the  two  houses  with  resf)ect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper,  not 
beyond  the  day  of  the  next  meeting  of  the  general  assembly. 

Sec.  9.  He  shall,  from  time  to  tmie,  give  to  the  general  assembly 
information  of  the  state  of  the  government,  and  recommended  to 
their  consideration  such  measures  as  he  may  deem  expedient. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason 
and  impeachment,  he  shall  have  power  to  grant  pardons  after  con- 
viction, and  remit  fines  and  forfeitures,  under  such  rules  and  regula- 
tions as  shall  be  prescribed  by  law.  In  cases  of  treason,  he  shall  have 
power,  by  and  with  the  advice  and  consent  of  the  senate,  to  grant 
reprieves  and  pardons ;  and  he  may,  in  the  recess  of  the  senate,  respite 
the  sentence  until  the  end  of  the  next  session  of  the  general  assembly. 

Sec.  12.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially ;  and  the  present  seal  of  the 
Territory  shall  be  the  seal  of  the  State,  until  otherwise  directed  by 
the  general  assembly. 

Sec.  13.  All  commissions  shall  be  in  the  name,  and  by  the  authority 
of  the  State  of  Arkansas,  be  sealed  with  the  seal  of  the  State,  signed 
by  the  governor,  and  attested  by  the  secretarj^  of  state. 

Sec.  14.  There  shall  be  a  secretary  of  state,  elected  by  a  joint  vote 
of  both  houses  of  the  general  assembly,  who  shall  continue  in  office 
during  the  term  of  four  years,  and  untd  his  successor  in  office  be  duly 
qualified.  He  shall  keep  a  fair  register  of  all  the  official  acts  and 
proceedings  of  the  governor,  and  shall,  when  required,  lay  the  same, 
and  all  papers,  minutes  and  vouchers  relative  thereto,  before  the  gen- 
eral assembly;  and  shall  perform  such  other  duties  as  may  be 
required  by  law. 

Sec.  15.  Vacancies  that  may  happen  in  offices,  the  election  to  which 
is  vested  in  the  general  assembly,  shall  be  filled  by  the  governor  dur- 
ing the  recess  of  the  general  assembly,  by  granting  conmiissions. 
which  shall  expire  at  the  end  of  the  next  session. 

Sec.  16,  Every  bill  which  shall  have  passed  both  houses,  shall  be 
presented  to  the  governor.     If  he  approve  it,  he  shall  sign  it;  but  if 


Arkansas— 1836  279 

h«  shall  not  approve  it,  he  shall  return  it,  with  his  objections,  to  the 
house  in  Avhich  it  shall  have  originated,  who  shall  enter  his  objections 
at  large  upon  their  journals,  and  proceed  to  reconsider  it.  If,  after 
such  reconsideration,  a  majority  of  the  whole  number  elected  to  that 
house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections, 
to  the  other  house,  by. which,  likewise,  it  shall  be  reconsidered;  and  if 
approved  by  a  majority  of  the  whole  number  elected  to  that  house, 
it  shall  be  a  law ;  but  in  such  cases,  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays;  and  the  names  of  the  persons  voting 
for  or  against  the  bill,  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  governor 
within  three  days,  Sundays  excepted,  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  General  Assembly,  by  their  adjournment,  pre- 
vent its  return ;  in  such  cases  it  shall  not  be  a  law. 

Sec.  17.  Every  order  or  resolution,  to  which  the  concurrence  of 
both  Houses  may  be  necessary,  except  on  questions  of  adjournment, 
shall  be  presented  to  the  Governor,  and  before  it  shall  take  effect,  be 
approved  by  him,  or  being  disapproved,  shall  be  repassed  by  both 
Houses,  according  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill. 

Sec.  18.  In  case  of  the  impeachment  of  the  Governor,  his  removal 
from  office,  death,  refusal  to  qualify,  resignation,  or  absence  from 
the  State,  the  President  of  the  Senate  shall  exercise  all  the  authority 
appertaining  to  the  office  of  Governor,  until  another  Governor  shall 
have  been  elected  and  qualified,  or  until  the  Governor,  absent  or 
impeached,  shall  return  or  be  acquitted. 

Sec.  19.  If,  during  the  vacancy  of  the  office  of  Governor,  the 
President  of  the  Senate  shall  be  impeached,  removed  from  office, 
refuse  to  qualify,  resign,  die,  or  be  absent  from  the  State,  the  Speaker 
of  the  House  of  Representatives  shall,  in  like  manner,  administer  the 
government. 

Sec.  20.  The  President  of  the  Senate,  and  Speaker  of  the  House  of 
Representatives,  during  the  time  they  respectively  administer  the 
government,  shall  receive  the  same  compensation  which  the  (Jovernor 
would  have  received,  had  he  been  employed  in  the  duties  of  his  office. 

Sec.  21.  Whenever  the  office  of  Governor  shall  have  become  vacant, 
by  death,  resignation,  removal  from  office,  or  otherwise,  provided  such 
vacancy  shall  not  happen  within  eighteen  months  of  the  end  of  the 
term  for  which  the  late  Governor  shall  have  been  elected,  the  Presi- 
dent of  the  Senate,  or  Speaker  of  the  House  of  Representatives,  as  the 
case  may  be,  exercising  the  powers  of  Governor  for  the  time  being, 
shall  immediatelv  cause  an  election  to  be  held  to  fill  such  vacancy, 
giving,  by  proclamation,  sixty  days'  previous  notice  thereof,  whicli 
election  shall  be  governed  bv  the  same  rules  prescribed  for  general 
elections  of  Governor,  as  far  as  applicable;  the  returns  shall  be  made 
to  the  Secretary  of  State,  who  in  presence  of  the  acting  (xovernor. 
and  Judges  of  the  Supreme  Court,  or  one  of  them  at  least,  shall 
compare  them,  and  together  with  said  acting  Governor  and  Judges, 
declare  who  is  elected;  and  if  there  be  a  contested  election,  it  shall  be 
decided  by  the  Judges  of  the  Supreme  Court,  in   manner  to  be 

prescribed  by  law.  •  i       x   xi,  *.  ^f  ««»- 

Sec.  22.  The  Governor  shall  always  reside  at  the  seat  of  gov- 
ernment. 


2.S0  Arkansas— 18,30 

Sec.  23.  No  person  shall  hold  the  office  of  Governor  and  any  other 
office  or  connnission,  civil  or  military,  either  in  this  State,  or  under 
any  State,  or  the  United  States,  or  any  other  power,  at  one  and  the 
same  time.  > 

Sec.  24.  There  shall  l^e  elected,  by  the  joint  vote  of  both  Houses  of 
the  (Jenoral  Assembly,  an  Auditor  and  Treasurer  for  this  State,  who 
shall  hold  their  offices  for  the  term  of  two  years,  and  until  their 
resnective  successors  are  elected  and  qualified,  unless  sooner  removed; 
and  shall  keep  their  respective  offices  at  the  seat  of  government,  and 
I)erform  such  duties  as  shall  be  prescribed  by  law.  And  in  case  of 
vacancy,  by  death,  resif^nation,  or  otherwise,  such  vacancy  shall  be 
filled  by  the  (lovernor,  as  in  other  cases. 

MILITIA 

Section  1.  The  militia  of  this  State  shall  be  divided  into  conven- 
ient divisions,  brigades,  regiments  and  companies,  and  officers  of  cor- 
responding titles  and  rank  elected  to  command  them,  conforming,  as 
nearlv  as  practicable,  to  the  general  regulations  of  the  Army  ot  the 
United  States. 

Sec.  2.  Major-generals  shall  be  elected  by  the  Brigadier-Generals 
and  field  officers  of  their  respective  divisions;  Brigadier-Generals 
shall  be  elected  by  the  field  officers  and  commissioned  company  officers 
of  their  respective  brigades;  field  officers  shall  be  elected  by  the 
officers  and  privates  of  their  respective  regiments ;  and  Captains  and 
Subaltern  officers  shall  be  elected  by  those  subject  to  military  duty  in 
their  respective  companies. 

Sec.  3.  The  (Jovernor  shall  appoint  the  Adjutant-General  and 
other  members  of  his  staff,  and  major-generals,  brigadier-generals, 
and  commanders  of  regiments,  shall  respectively  appoint  their  own 
staff:  and  all  commissioned  officers  may  continue  m  office  during 
good  behavior;  and  staff  officers  during  the  same  time,  subject  to  be 
removed  by  the  superior  officer  from  whom  they  respectively  derive 
their  commissions. 

Article  VI 

JUDICIAL    DEPARTMENT 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
supreme  court,  in  circuit  courts,  in  county  courts,  and  in  justices  of 
the  peace;  the  general  assembly  may  also  vest  such  jurisdiction  as  may 
be  deemed  necessary  in  corporation  courts,  and  when  they  deem  it 
expedient,  may  establish  courts  of  chancer^'. 

Sec.  2.  The  supreme  court  shall  be  composed  of  three  judges,  one 
of  whom  shall  be  styled  chief  justice,  any  two  of  whom  shall  consti- 
tute a  quorum,  and  the  concurrence  of  any  two  of  said  judges  shall, 
in  every  case,  be  necessary  to  a  decision.  The  supreme  court,  except 
in  cases  otherwise  directed  by  this  constitution,  shall  have  appellate 
jurisdiction  only,  which  shall  be  co-extensive  with  the  State,  under 
such  restrictions  and  regulations  as  may,  from  time  to  time,  be  pre- 
scrilx'd  by  law ;  it  shall  have  a  general  superintending  control  over  all 
inferior  and  other  courts  of  law  and  equity.  It  shall  have  power  to 
issue  writs  of  error  and  svpersedeas,  certiorari  and  habeas  corpns, 
mandamus  and  quo  warranto^  and  other  remedial  writs,  and  to  near 


Arkansas — 1836  281 

and  determine  the  same.  Said  judges  shall  be  conservators  of  the 
peace  throughout  the  State.  And  shall  severally  have  power  to 
issue  any  of  the  aforesaid  writs. 

Sec.  3.  The  circuit  courts  shall  have  original  jurisdiction  over  all 
criminal  cases  which  shall  not  be  otherwise  provided  for  by  law ;  and 
exclusive  original  jurisdiction  of  all  crimes  amounting  to  felony  at 
the  common  law;  and  original  jurisdiction  of  all  civil  cases  which 
shall  not  be  cognizable  before  justices  of  the  peace,  until  otherwise 
directed  by  the  general  assembly;  and  original  jurisdiction  in  all 
matters  of  contracts,  where  the  sum  in  controversy  is  over  one  hundred 
dollars.  It  shall  hold  its  terms  at  such  place  in  each  county  as  may 
be  by  law  directed. 

Sec.  4.  The  State  shall  be  divided  into  convenient  circuits,  each  to 
consist  of  not  less  than  five  nor  more  than  seven  counties,  contiguous 
to  each  other,  for  each  of  which  a  judge  shall  be  elected,  who,  during 
his  continuance  in  office,  shall  reside  and  be  a  conservator  of  the 
peace  within  the  circuit  for  which  he  shall  have  been  elected. 

Sec.  5.  The  circuit  courts  shall  exercise  a  superintending  control 
over  the  county  courts,  and  over  justices  of  the  peace,  in  each  county 
in  their  respective  circuits;  and  shall  have  power  to  issue  all  the 
necessary  writs  to  carry  into  effect  their  general  and  specific  powers. 

Sec.  6.  Until  the  general  assembly  shall  deem  it  expedient  to 
establish  courts  of  chancery,  the  circuit  court  shall  have  jurisdiction 
in  matters  of  equity,  subject  to  appeal  to  the  supreme  court,  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  7.  The  general  assembly  shall,  by  joint  vote  of  both  houses, 
elect  the  judges  of  the  supreme  and  circuit  courts,  a  majority  of  the 
Avhole  number  in  joint  vote  being  necessary  to  a  choice.  The  judges 
of  the  supreme  court  shall  be  at  least  thirty  years  of  age;  they  shall 
hold  their  offices  during  the  term  of  eight  years  from  the  date  of  their 
commissions.  Immediately  after  such  election,  by  tlie  first  general 
assembly,  the  president  of  the  senate  and  speaker  of  the  house  of 
representatives  shall  proceed  by  lot  to  divide  the  judges  into  three 
classes.  The  commission  of  the  first  class  shall  expire  at  the  end  of 
four  years;  of  the  second  class  at  the  end  of  six  years;  and  of  the 
third  class  at  the  end  of  eight  years:  so  that  one-third  of  the  whole 
number  shall  be  chosen  every  four,  six  and  eight  years.  The  judges 
of  the  circuit  court  shall  be  at  least  twenty-five  years  of  age,  and 
shall  be  elected  for  the  term  of  four  years  from  the  date  of  their 
commissions.  The  supreme  court  shall  appoint  its  own  clerk  or  clerks 
for  the  term  of  four  years.  The  qualified  voters  of  each  county  shall 
elect  a  clerk  of  the  circuit  court  for  their  respective  counties,  who 
shall  hold  his  office  for  the  term  of  two  years;  and  courts  of  chan- 
cery, if  any  be  established,  shall  appoint  their  own  clerks. 

Sec.  8.  The  judges  of  the  supreme  and  circuit  courts  shall,  at  stated 
times,  receive  a  compensation  for  their  services,  to  be  ascertained  by 
law,  which  shall  not  be  diminished  during  the  time  for  which  they  are 
elected.  They  shall  not  be  allowed  any  fees  or  perquisites  of  office, 
nor  hold  anv  other  office  of  trust  or  profit  under  this  State  or  the 
United  States.  The  State's  Attorneys,  and  Clerks  of  the  Supreme 
and  Circuit  Courts,  and  courts  of  chancery,  if  any  such  be  estab- 
lished, shall  receive  for  their  services  such  salaries,  fees,  and  per- 
quisites of  office,  as  shall  be  from  time  to  time  fixed  by  law. 


2.S2  Arkansas— 1836 

Sec.  1>.  There  shall  be  established  in  each  county  in  the  State,  a 
Court  to  be  holden  by  the  Justices  of  the  Peace  and  called  the  County 
Court,  which  shall  have  jurisdiction  in  all  matters  relating  to  county 
taxes,  disbursements  of  money  for  county  purposes,  and  in  every  other 
case  that  may  be  necessary  to  the  internal  improvement  and  local 
concerns  of  the  respective  counties. 

Sec.  10.  There  snail  be  elected,  by  the  Justices  of  the  Peace  of  the 
respective  counties,  a  Presiding  Judge  of  the  County  Court,  to  be 
connnissionod  by  the  Governor,  and  hold  his  office  for  the  term  of  two 
years,  and  until  his  successor  is  elected  and  qualified.  He  shall,  in 
addition  to  the  duties  that  may  be  required  of  him  by  law,  as  a  Pre- 
siding Judge  of  the  County  Court,  be  a  judge  of  the  Court  of  Probate 
and  nave  such  jurisdiction  in  matters  relative  to  the  estates  of 
deceased  persons,  executors,  administrators  and  guardians,  as  may  he 
prescribed  by  law,  until  otherwise  directed  by  the  General  Assembly. 

Sec.  11.  The  presiding  judge  of  the  County  Court  and  Justices  of 
the  Peace  shall  receive  for  their  services  such  compensation  and  fees 
as  the  General  Assembly  may  from  time  to  time  by  law  direct. 

Sec.  12.  No  judge  shall  preside  on  the  trial  of  any  cause,  in  the 
event  of  which  he  may  be  mterested,  or  where  either  of  the  parties 
shall  be  connected  with  him  by  affinity  or  consanguinity  within  such 
degrees  as  may  be  prescribed  by  law,  or  in  which  he  may  have  been  of 
counsel,  or  have  presided  in  any  inferior  court,  except  by  consent  of 
all  the  parties.  In  case  all  or  any  of  the  Judges  of  the  Supreme  Court 
shall  be  thus  disqualified  from  presiding  on  any  cause  or  causes,  the 
Court  or  Judges  thereof  shall  certify  the  same  to  the  Governor  of  the 
State,  and  he  shall  immediately  commission  specially  the  requisite 
numl)er  of  men,  of  law-knowledge,  for  the  trial  and  determination 
thereof.  The  same  course  shall  be  pursued  in  the  Circuit  and  other 
inferior  courts,  as  prescribed  in  this  section  for  cases  in  the  Supreme 
Court.  Judges  of  the  Circuit  Courts  may  temporarily  exchange  cir- 
ceased  persons,  executors,  administrators  and  guardians,  as  may  be 
pointed  out  by  law.  Judges  shall  not  charge  juries  with  regard  to 
matter  of  fact ;  but  may  state  the  testimony  and  declare  the  law. 

Sec.  13.  The  General  Assembly  shall,  by  a  joint  vote  of  both 
Houses,  elect  an  attorney  for  the  State  for  each  circuit  established  by 
law,  who  shall  continue  in  office  two  years,  and  reside  within  the 
circuit  for  which  he  was  elected  at  the  time  of  and  during  his  con- 
tinuance in  office.  In  all  cases  where  an  attorney  for  the  State  of  any 
circuit  fails  to  attend  and  prosecute  according  to  law,  the  court  shall 
have  power  to  appoint  an  attorney  pro  tempore.  The  attorney  for  the 
circuit  in  which  the  Supreme  Court  may  hold  its  terms,  shall  attend 
the  Supreme  Court  and  prosecute  for  the  State. 

Sec.  14.  All  writs  and  other  process  shall  run  in  the  name  of  the 
'"'■State  of  Arkansas,''^  and  bear  test  and  be  signed  by  the  Clerks  of 
the  respective  courts  from  which  they  issue.  Indictments  shall  con- 
clude "  against  the  peace  and  dignity  of  the  State  of  Arkansas." 

Sec.  15.  The  qualified  voters  residing  in  each  township  shall  elect 
the  Justices  of  the  Peace  for  their  respective  townships.  For  every 
fifty  voters  there  may  be  elected  one  Justice  of  the  Peace:  Provided, 
That  each  township,  however  small,  shall  have  two  justices  of  the 
peace.  Justices  of  the  Peace  shall  be  elected  for  the  term  of  two 
years,  and  shall  be  commissioned  by  the  Governor,  and  reside  in  the 
townships  for  which  they  w^ere  elected,  during  their  continuance  in 


Arkansas — 1836  283 

the  office.  They  shall  have,  individually,  or  two  or  more  of  them 
jointly,  exclusive  original  jurisdiction  in  all  matters  of  contract, 
except  in  actions  of  covenant,  where  the  sum  in  controversy  is  of  one 
hundred  dollars  and  under.  Justices  of  the  Peace  shall  in  no  case 
have  jurisdiction  to  try  and  determine  any  criminal  case  or  penal 
offence  against  the  State;  but  may  sit  as  examining  courts,  and  com- 
mit, discharge,  or  recognize  to  the  court  having  jurisdiction,  for  fur- 
ther trial,  of  offenders  against  the  peace.  For  the  foregoing  purposes 
they  shall  have  power  to  issue  all  necessary  process.  They  shall  also 
have  power  to  bind  to  keep  the  peace,  or  for  good  behavior. 

Sec.  IG.  The  qualified  voters  of  each  township  shall  elect  one  con- 
stable, for  the  term  of  tw^o  years,  w^ho  shall,  during  his  continuance 
in  office,  reside  in  the  township  for  which  he  was  elected.  Incorpo- 
rated towns  may  have  a  separate  constable  and  a  separate  magistracy. 

Sec.  17.  The  qualified  voters  of  each  county  shall  elect  one  sheriff, 
one  coroner,  one  treasurer,  and  one  county  surveyor,  for  the  term  of 
two  years.  They  shall  be  commissioned  by  the  governor,  reside  in 
their  respective  counties  during  their  continuance  in  office,  and  be 
disqualified  for  the  office  a  second  term,  if  it  should  appear  that  they 
or  either  of  them  are  in  default  for  any  moneys  collected  by  virtue  of 
their  respective  officas. 

Article  VII 

EDUCATION 

Sectiox  1.  Knowledge  and  learning,  generally  diffused  through  a 
community,  being  essential  to  the  preservation  of  a  free  government — 
and  diffusing  the  opportunities  and  advantages  of  education  through 
the  various  parts  of  the  State  being  highly  conducive  to  this  end — it 
shall  be  the  duty  of  the  general  assembly  to  provide  by  law  for  the 
improvement  of  such  lands  as  are  or  hereafter  may  be  granted  by  the 
United  States  to  this  State  for  the  use  of  schools,  and  to  apply  any 
funds  fhich  may  be  raised  from  such  lands,  or  from  any  other  source, 
to  the  accomplishment  of  the  object  for  which  they  are  or  may  be 
intended.  The  general  assembly  shall,  from  time  to  time,  pass  such 
laws  as  shall  be  calculated  to  encourage  intellectual,  scientific  and 
agricultural  improvement,  by  allowing  rewards  and  immunities  for 
the  promotion  and  improvement  of  arts,  science,  commerce,  manu- 
factures and  natural  history;  and  countenance  and  encourage  the 
principles  of  humanity,  industry  and  morality. 

emancipation  of  slaves 

Section  1.  The  general  assembly  shall  have  no  power  to  pass  laws 
for  the  emancipation  of  slaves,  without  the  consent  of  the  owners. 
Thej'^  shall  have  no  power  to  prevent  emigrants  to  this  State  from 
bringing  w  ith  them  such  persons  as  are  deemed  slaves  by  the  laws  of 
any  one  of  the  United  States,  They  shall  have  power  to  pass  laws 
to  permit  owners  of  slaves  to  emancipate  them,  saving  the  right  of 
creditors,  and  preventing  them  from  becoming  a  public  charge.  They 
shall  have  power  to  prevent  slaves  from  being  brought  to  this  State 
as  merchandise,  and  also  to  oblige  the  owners  of  slaves  to  treat  them 
with  humanity. 


284  Arkansas — 1836 

GENERAL   PROVISIONS 

Section  1.  Treason  against  the  State  shall  consist  only  in  levying 
war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  umess  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open 
court. 

Sec.  2.  No  j)erson  who  denies  the  being  of  a  God,  shall  hold  any 
office  in  the  civil  department  of  this  State,  nor  be  allowed  his  oath  in 
any  court. 

Sec.  3.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  an  appropriation  by  law,  nor  shall  any  appropriation  of 
money  for  the  support  of  an  army  be  made  for  a  longer  term  than 
two  years;  and  a  regular  statement  and  account  of  the  receipts  and 
e.xjjenditures  of  all  public  moneys  shall  be  published  with  the  pro- 
mulgation of  the  laws. 

Sec.  4.  Absence  on  business  of  this  State  or  of  the  United  States,  or 
on  a  visit  or  necessary  private  business,  shall  not  cause  a  forfeiture 
of  a  residence  once  obtained. 

Sec.  5.  No  lottery  shall  be  authorized  by  this  State,  nor  shall  the 
sale  of  lottery  tickets  be  allowed. 

Sec.  6.  Internal  improvements  shall  be  encouraged  by  the  govern- 
ment of  this  State,  and  it  shall  be  the  duty  of  the  General  Assembly, 
as  soon  as  may  be,  to  make  provisions  by  law  for  ascertaining  the 
proper  objects  of  improvement  in  relation  to  roads,  canals  and  navi- 
gable waters;  and  it  shall  also  be  their  duty  to  provide  by  law  for  an 
equal,  systematic  and  economical  application  of  the  funds  which  may 
be  appropriated  to  these  objects. 

Sec.  7.  Returns  for  all  elections  for  officers  who  are  to  be  commis- 
sioned by  the  governor,  and  for  members  of  the  General  Assembly, 
shall  be  made  to  the  Secretary  of  State. 

Sec.  8.  Within  five  years  after  the  adoption  of  this  Constitution, 
the  laws,  civil  and  criminal,  shall  he  revised,  digested  and  arranged, 
and  promulgated  in  such  manner  as  the  General  Assembly  may 
direct ;  and  a  like  revision,  digest  and  promulgation  shall  be  made 
within  every  subsequent  period  of  ten  yeai*s. 

Sec.  0.  In  the  event  of  the  annexation  of  any  territory  to  this  State, 
by  a  cession  from  the  United  States,  laws  may  be  passed  extending  to 
the  inhabitants  of  such  territory  all  the  rights  and  privileges  which 
may  be  required  by  the  terms  of  such  cession,  anything  in  this  Con- 
stitution to  the  contrary  notwithstanding. 

Sec.  10.  The  person  of  a  debtor,  except  where  there  is  strong  pre- 
sumption of  fraud,  shall  neither  l^e  imprisoned  nor  continued  in 
prison,  after  delivering  up  his  estate  for  the  l)enefit  of  his  creditors, 
in  such  manner  as  may  be  prescribed  by  law. 

REVENUE 

Secttion  1.  All  revenue  shall  be  raised  by  taxation,  to  be  fixed  by 
law. 

Sec.  2.  All  jiroperty  subject  to  taxation,  shall  be  taxed  according 
to  its  value — that  value  to  be  ascertained  in  such  manner  as  the  Gen- 
eral Assembly  shall  direct ;  making  the  same  equal  and  uniform 
ihioughout  the  State.     No  one  species  of  property,  from  which  a  tax 


Arkansas— 1836  285 

may  be  collected,  shall  be  taxed  higher  than  another  species  of  prop- 
erty, of  equal  value:  Provided,  The  General  Assembly  shall  have 
power  to  tax  merchants,  hawkers,  peddlers,  and  privileges,  in  such 
manner  as  may  from  time  to  time  be  prescribed  by  law  :  And  prorided 
further,  That  no  other  or  greater  amount  of  revenue  shall  at  any  time 
be  levied  than  required  for  the  necessary  expenses  of  the  government, 
unless  by  a  concurrence  of  two-thirds  of  both  Houses  of  the  General 
Assembly. 

Sec.  3.  No  poll-tax  shall  be  assessed  for  other  than  county  purposes. 

Sec.  4.  No  other  or  greater  tax  shall  be  levied  on  the  productions  or 
labor  of  the  country,  than  may  be  required  for  expenses  of  inspection. 

ESTABLISHMENT   OF   BANKS 

Section  1.  The  General  Assembly  may  incorporate  one  State  bank, 
with  such  amount  of  capital  as  may  be  deemed  necessary,  and  such 
number  of  branches  as  may  be  required  for  the  public  convenience, 
which  shall  become  the  repository  of  the  funds  belonging  to  or  under 
the  control  of  the  State;  and  shall  be  required  to  loan  them  out 
throughout  the  State,  and  in  each  county,  in  proportion  to  repre- 
sentation. And  they  shall  further  have  power  to  incorporate  one 
other  banking  institution,  calculated  to  aid  and  promote  the  great 
agricultural  interests  of  the  country ;  and  the  faith  and  credit  of  the 
State  may  be  pledged  to  raise  the  funds  necessary  to  carry  into  opera- 
tion the  two  banks  herein  specified:  Provided,  Such  security  can  be 
given  by  the  individual  stockholders  as  will  guarantee  the  State 
against  loss  or  injury. 

Schedule 

Section  1.  That  no  inconvenience  may  arise  from  the  change  of 
government,  we  declare  that  all  writs,  actions,  prosecutions,  judg- 
ments, claims  and  contracts  of  individuals  and  bodies  corporate,  shall 
continue  as  if  no  change  had  taken  place;  and  all  process  which  may 
be  issued  under  the  authority  of  the  Territory  of  Arkansas,  previous 
to  the  admission  of  Arkansas  into  the  Union  of  the  United  States, 
shall  be  as  valid  as  if  issued  in  the  name  of  the  State. 

Sec.  2.  All  laws  now  in  force  in  the  Territory  of  Arkansas,  which 
are  not  repugnant  to  this  constitution,  shall  remain  in  force  until  they 
expire  by  their  own  limitations,  or  be  altered  or  repealed  by  the  gen- 
eral assembly. 

Sec.  3.  All  fines,  penalties  and  escheats,  accruing  to  the  Territory 
of  Arkansas,  shall  accrue  to  the  use  of  the  State. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  taken 
before  the  change  of  territorial  to  a  permanent  State  government, 
shall  remain  valid,  and  shall  pass  over  to,  and  be  prosecuted  in  the 
name  of  the  State;  and  all  bonds  executed  to  the  governor  of  the 
Territory,  or  to  any  other  officer  or  court,  in  his  or  their  official 
capacity,  shall  pass  over  to  the  governor  or  State  authority',  and  their 
successors  in  office,  for  the  uses  therein  respectively  expressed ;  and 
may  be  sued  for  and  recovered  accordingh\  All  crimmal  prosecu- 
tions and  penal  actions  which  may  have  arisen,  or  which  may  arise, 
before  the  change  from  a  territorial  to  a  State  governmont,  and 
which  shall  then  be  pending,  shall  be  prosecuted  to  judgment  and 
7251— VOL  1—07 21 


286  Arkansas— 1836 

execution  in  the  name  of  the  State.  All  actions  at  law,  which  noAv  are, 
or  may  Ix;  pending,  in  any  of  the  courts  of  record  in  the  Territory 
of  Arkansas,  may  be  commenced  in,  or  transferred  to  any  court  of 
record  of  the  State  which  shall  have  jurisdiction  of  the  subject- 
matter  tliereof ;  and  all  suits  in  equity  may,  in  like  manner,  be  com- 
menced in,  or  transferred  to,  the  court  having  chancery  jurisdiction. 

Sec.  5.  All  officers,  civil  and  military,  now  holding  connnissions 
under  authority  of  the  United  States,  or  of  the  Territory  of  Arkan- 
.sas,  shall  continue  to  hold  and  exercise  their  respective  offices  until 
they  shall  be  suj^erseded  under  the  authority  of  the  State. 

Sfx'.  G.  The  fii-st  session  of  the  general  assembly  of  the  State  of 
Arkansas  shall  be  held  at  the  city  of  Little  Rock,  which  shall  be  and 
renuiin  the  seat  of  government  until  otherwise  provided  for  by  law. 

Sec.  7.  Elections  shall  be  held  at  the  several  precincts,  on  the  first 
Monday  of  August  next,  for  a  governor;  also,  one  Representative  to 
the  Congress  of  the  United  States;  also,  for  Senators  and  representa- 
tives to  the  next  general  assembly,  clerks  of  the  circuit  and  county 
courts,  sheriff's,  coroners,  county  surveyors  and  treasurers,  justices 
of  the  peace  and  constables. 

Sec.  8.  The  next  general  assembly  shall  be  holden  on  the  second 
Monday  of  September  next. 

Sec.  9.  The  election  shall  be  conducted  according  to  the  existing 
laws  of  the  Territory  of  Arkansas;  and  the  returns  of  all  township 
elections  held  in  pursuance  thereof,  shall  be  made  to  the  clerks  of  the 
proper  counties,  within  five  days  after  the  day  of  election.  The 
clerks  of  the  circuit  courts  of  the  several  counties  shall  immediately 
thereafter  certify  the  returns  of  the  election  of  governor,  and  trans- 
mit the  same  to  the  speaker  of  the  house  of  representatives,  at  the 
seat  of  government,  in  such  time  that  they  may  be  received  on  the 
second  Monday  of  September  next.  As  soon  as  the  general  assembly 
shall  be  organized,  the  speaker  of  the  house  of  representatives  and 
the  j)resident  of  the  senate  shall,  in  the  presence  of  both  houses, 
examine  the  returns,  and  declare  who  is  duly  elected  to  fill  that  office; 
and  if  any  two  or  more  persons  shall  have  an  equal  number  of  votes, 
and  a  higher  number  than  any  other  j^erson,  the  general  assembly 
shall  determine  the  election  by  a  joint  vote  of  both  houses;  and  the 
returns  of  the  election  for  member  to  Congress  shall  be  made  to  the 
secretary  of  state,  within  thirty  days  after  the  day  of  election. 

Sec.  10.  The  oaths  of  office  may  be  administered  by  any  judge  or 
justice  of  the  peace,  until  the  general  assembly  shall  otherwise 
direct. 

Done  in  convention,  at  Little  Rock,  in  the  State  of  Arkansas,  the 
thirtieth  day  of  January,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  thirty-six.  and  in  the  sixtieth  year  of  the  Independence 
of  the  United  States  of  America, 

JtniN  Wii>Jt)N,  President. 

Charli-^  p.  Bektkand,  ISecretary. 


Arkansas— 1846-59  287 

AMENDMENTS  TO  THE  CONSTITUTION  OF  1836 

(Katified  November  17.  184G) 

Article  I.  No  bank  or  banking  institution  shall  be  hereafter  incor- 
porated, or  established  in  this  State. 

Art.  II.  The  general  assembly  shall  have  power  to  compel  the 
judges  of  the  circuit  courts  to  interchange  circuits  either  temporarily 
or  permanently,  under  such  regulationns  as  may  be  provided  by  law. 

Art.  III.  The  general  assembly  shall  have  power  to  confer  such 
jurisdiction  as  it  may  from  time  to  time  deem  proper,  on  justices  of 
the  peace  in  all  matters  of  contracts,  covenants,  and  in  actions  for  the 
recovery  of  fines  and  forfeitures,  when  the  amount  claimed  does  not 
exceed  one  hundred  dollars,  and  in  actions  and  prosecutions  for 
assault  and  battery,  and  other  penal  offences,  less  than  felony,  which 
may  be  punishable  by  fine  only. 

Art.  IV.  Judges  of  the  supreme  and  circuit  courts,  clerks  of  the 
supreme  and  circuit  courts,  attorneys  for  the  State,  sheriffs,  coroners, 
county  treasurers,  justices  of  the  peace,  constables,  and  all  other  offi- 
cers whose  term  is  fixed  by  the  constitution  to  a  specific  number  of 
years,  shall  hold  their  respective  offices  for  the  term  now  specified, 
and  until  their  successors  are  elected  and  qualified. 

(Ratified  November  24,  1848) 

Art.  V.  That  the  qualified  voters  of  each  judicial  circuit  in  the 
State  of  Arkansas,  shall  elect  their  circuit  judge. 

Art.  VI.  That  the  qualified  voters  of  each  judicial  circuit  shall 
elect  their  prosecuting  attorney  for  the  State. 

Art.  VII.  That  the  qualified  voters  of  each  county  shall  elect  a 
county  and  probate  judge. 

Art.  VIII.  That  no  member  of  the  general  assembly  shall  be 
elected  to  any  office  within  the  gift  of  the  general  assembly  during  the 
term  for  which  he  shall  have  been  elected. 

Art.  IX.  That  the  general  assembly  of  the  State  of  Arkansas  shall 
not  be  restricted,  as  to  the  number  of  counties  that  shall  compose  a 
judicial  circuit  in  this  State. 

(Ratified  December  2,  1850) 

Art.  X.  That  the  words  "  except  Washington  County,  which  may 
be  reduced  to  six  hundred  square  miles,"  included  in  brackets  in  the 
XXIXth  article,"  be  stricken  out  of  said  constitution. 

(Ratified  February  12,  1859) 

Art.  XL  That  section  29  of  article  IV  of  the  constitution  of  this 
State  be  so  amended  that  no  county  now  established  by  law  shall  be 
deemed  or  considered  unconstitutional  on  account  of  its  containing 
a  less  number  of  square  miles  than  nine  hundred. 

(Ratified  February  12,  1859) 

Art.  XII.  The  22d  article  of  the  IVth  article  of  the  constitution 
is  hereby  stricken  out  and  repealed,  and  instead  thereof  the  follo\ying 
shall  be  inserted  as  an  amendment  to  and  part  of  the  constitution : 
The  State  of  Arkansas  shall  not  be  sued  in  any  of  its  courts. 


oTliere  was  no  XXIXth  article  of  the  constitution  of  1830.     The  sonato  jour- 
nal of  1850  shows  the  amendment  to  have  been  of  the  29th  section  of  article  IV. 


288  Arkansas— 1864 

CONSTITUTION  OF  ARKANSAS— 1861 

[A  State  convention,  which  met  at  Little  Rock,  passed  an  ordinance 
of  secession  on  the  Cth  of  May,  18(51,  and  on  the  22d  amended  the 
State  constitution  of  1830  by  inserting  the  words  "  Confederate 
States  "  in  place  of  "  United  States,"  with  a  few  other  unimportant 
changes.     These  amendments  were  not  submitted  to  the  people.  1 

CONSTITUTION  OF  ARKANSAS— 1864  *  « 

We,  the  people  of  the  State  of  Arkansas,  having  the  right  to  estab- 
lish for  ourselves  a  Constitution  in  conformity  with  the  Constitu- 
tion of  the  United  States  of  America,  recognizing  the  legitimate  con- 
sequences of  the  existing  rebellion,  do  hereby  declare  the  entire  action 
of  the  late  convention  of  the  State  of  Arkansas,  which  assembled  in 
the  city  of  Little  Rock,  on  the  fourth  day  of  March,  one  thousand 
eight  hundred  and  sixty-one,  was,  and  is,  null  and  void,  and  is  not 
now,  and  never  has  been  binding  and  obligatory  upon  the  people. 

That  all  the  action  of  the  State  of  Arkansas  under  the  authority 
of  said  convention,  of  its  ordinances,  or  of  its  constitution,  whether 
legislative,  executive,  judicial  or  military  (except  as  hereinafter  pro- 
vided,) was,  and  is  hereby  declared  nidi  and  void;  Provided,  That 
this  ordinance  shall  not  be  so  construed  as  to  affect  the  rights  of 
individuals,  or  change  county  boundaries,  or  county  seats,  or  to  make 
invalid  the  acts  of  justices  of  the  peace,  or  other  officers  in  their 
authority  to  administer  oaths,  or  take  and  certify  the  acknowledg- 
ment of  deeds  of  conveyance  or  other  instruments  of  Avriting,  or  in 
the  solemnization  of  marriages:  And  provided  further,  That  no  debt 
or  liability  of  the  State  of  Arkansas  incurred  by  the  action  of  said 
convention,  or  of  the  legislature  or  any  department  of  the  govern- 
ment under  the  authority  of  either,  shall  ever  be  recognized  as 
obligatory. 

And  we,  the  people  of  the  State  of  Arkansas,  in  order  to  establish 
therein  a  State  government,  loyal  to  the  Government  of  the  United 
States — to  secure  to  ourselves  and  our  posterity,  the  protection  and 
blessings  of  the  Federal  Constitution,  and  the  enjoyment  of  all  the 
rights  of  liberty  and  the  free  pursuit  of  happiness,  do  agree  to  con- 
tinue ourselves  as  a  free  and  independent  State,  by  the  name  and 
style  of  "  the  State  of  Arkansas,"  and  do  ordain  and  establish  the 
following  Constitution  for  the  government  thereof: 

Article  I 

BOUNDARIES   OF  THE  STATE 

We  do  declare  and  establish,  ratify  and  confirm  the  following  as  the 
permanent  boundaries  of  the  State  of  Arkansas,  that  is  to  say :  Begin- 
ning in  the  middle  of  the  Mississippi  River,  on  the  parallel  of  thirt}'^- 

*  Verified  by  idem.  See  note  to  Constitution  of  Arljansas,  1836.  Rose's  edi- 
tion, pp.  243-276.    See  also  Ai)pendlx  to  present  work. 

o  On  tlie  4th  of  January.  1804.  and  subsequent  to  the  occupation  by  the  forces 
of  the  T'nited  States  of  a  iwrtion  of  tlie  State,  a  mass  convention  of  the  people 
as.sem!)le<l  at  Little  Rock,  and  on  the  19th  of  January,  18<>4.  proposed  this  Con- 
stitution to  the  people.     It  was  ratified  by  12,177  votes  against  266  votes. 


Arkansas — 1864  289 

six  degrees  north  latitude,  to  tlie  Saint  Francis  River;  thence  up  the 
middle  of  the  main  channel  of  said  river,  to  the  parallel  of  thirty-six 
degrees,  thirty  minutes,  north,  from  the  west  to  the  southwest  corner 
of  the  State  of  Missouri ;  and  from  thence  to  be  bounded  on  the  west 
to  the  north  bank  of  Red  River,  as  by  acts  of  Congress  of  the  United 
States,  and  the  treaties  heretofore  defining  the  western  limits  of  the 
Territory  of  Arkansas;  and  to  be  bounded  on  the  south  side  of 
Red  River  by  the  boundary-line  of  the  State  of  Texas,  to  the  north- 
west corner  of  the  State  of  Louisiana ;  thence  east  with  the  Louisiana 
State  line,  to  the  middle  of  the  main  channel  of  the  Mississippi  River ; 
thence  up  the  middle  of  the  main  channel  of  said  river,  to  the  thirty- 
sixth  degree  of  north  latitude,  the  point  of  beginning — these  being 
the  boundaries  of  the  State  of  Arkansas  as  defined  by  the  constitution 
thereof,  adopted  by  a  convention  of  the  representatives  of  the  j^eople 
of  said  State,  on  the  thirtieth  day  of  January,  anno  Domini,  eighteen 
hundred  and  thirty-six,  being  the  same  boundaries  which  limited  the 
area  of  the  Territory  of  Arkansas  as  it  existed  prior  to  that  time. 

Article  II 

DECLARATION  OF  RIGHTS 

That  the  great  and  essential  principles  of  liberty  and  free  govern- 
ment may  be  unalterably  established,  we  declare : 

Section  1.  That  all  men,  when  they  form  a  social  compact,  are 
equal,  and  have  certain  inherent  and  indefeasible  rights,  amount 
which  are  those  of  enjoying  and  defending  life  and  liberty ;  of  acquir- 
ing, possessing  and  protecting  property  and  reputation,  and  of  pur- 
suing their  own  happiness. 

Sec.  2.  That  all  power  is  inherent  in  the  people ;  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
peace  and  happiness.  For  the  advancement  of  these  ends,  they  have, 
at  all  times,  an  unqualified  right  to  alter,  reform,  or  abolish  their  gov- 
ernment in  such  manner  as  they  may  think  proper. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  consciences; 
and  no  man  can,  of  right,  be  compelled  to  attend,  erect  or  support 
any  place  of  worship,  or  to  maintain  any  ministry  against  his  consent ; 
that  no  human  authority  can,  in  any  case  whatever,  interfere  with  the 
rights  of  conscience;  and  that  no  preference  shall  ever  be  given  to 
any  religious  establishment  or  mode  of  worship. 

Sec.  4.  That  the  civil  rights,  privileges  or  capacities  of  any  citizen 
shall  in  no  wise  be  diminished  or  enlarged  on  account  of  his  religion. 

Sec.  5.  That  all  elections  shall  be  free  and  equal. 

Sec.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  7.  That  printing-presses  shall  be  free  to  every  person ;  and  no 
law  shall  ever  be  made  to  restrain  the  rights  thereof.  The  free  com- 
munication of  thoughts  and  opinions  is  one  of  the  invaluable  rights  of 
man;  and  every  citizen  may  freely  speak,  write  and  print,  on  any 
subject — being  responsible  for  the  abuse  of  that  liberty. 

Sec.  8.  In  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers  or  men  in  public  capacity,  or  where  the 
matter  published  is  proper  for  public  information,  the  truth  thereof 


290  Arkansas— 1864 

imiy  Lh^  pven  in  evidence,  and  in  all  indictments  for  libels,  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts. 

Sec.  1).  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  search  and  seizures;  and 
that  general  warrants,  whereby  any  officer  mav  be  commanded  to 
search  suspected  places  without  evidence  of  the  ^act  committed,  or  to 
seize  any  person  or  persons  not  named,  whose  offences  are  not  particu- 
larly descrilx>d  and  supported  by  evidence,  are  dangerous  to  liberty, 
and  shall  not  be  granted. 

Sec.  10.  That  no  num  shall  be  taken  or  imprisoned,  or  disseized  of 
liis  freehold,  liberties  or  privileges,  or  outlawed  or  exiled,  or  in  any 
manner  destroyed,  or  deprived  of  his  life,  liberty,  or  property,  but  by 
the  judgment  of  his  peers  or  the  law  of  the  land. 

Sec.  11.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right 
to  be  heard  by  himself  and  counsel;  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  and  to  have  a  copy  thereof;  to  meet 
the  witnesses  face  to  face;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  in  prosecutions  by  indictment  or  present- 
ment, a  sjjeedy  public  trial  by  an  impartial  jury  of  the  county  or  dis- 
trict in  which  the  crime  may  have  been  committed ;  and  shall  not  be 
compelled  to  give  evidence  against  himself. 

Sec.  12.  That  no  person  shall  for  the  same  offence,  be  twice  put  in 
jeopardy  of  life  or  limb. 

Sec.  13.  That  all  penalties  shall  be  reasonable,  and  proportioned 
to  the  nature  of  the  offence. 

Sec.  14.  That  no  man  shall  be  put  to  answer  any  criminal  charge, 
but  by  presentment,  indictment  or  impeachment,  except  as  hereinafter 
provided. 

Sec.  15.  That  no  conviction  shall  work  corruption  of  blood  or  for- 
feiture of  estate,  under  any  law  of  this  State. 

Sec.  K).  That  all  prisoners  shall  be  bailable  by  sufficient  securities, 
unless  in  capital  offences,  where  the  proof  is  evident  or  the  presump- 
tion great.  And  the  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  where  in  case  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

Sec.  17.  That  excessive  bail  shall  in  no  case  be  required,  nor  exces- 
sive fines  imposed. 

Sec.  18.  That  no  ex  post  facto  law,  or  law  impairing  the  obliga- 
tions of  contracts  shall  ever  be  made. 

Sec.  10.  That  perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  republic,  and  shall  not  be  allowed ;  nor  shall  any  heredit- 
ary emoluments,  privileges  or  honors,  ever  be  granted  or  conferred  in 
this  State. 

Sec.  20.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together  for  their  common  wood  to  instruct  their  represen- 
tatives, and  to  apply  to  those  invested  with  the  power  of  the  govern- 
ment for  redress  of  grievances  or  other  proper  purposes,  by  address 
or  remonstrance. 

Sec.  21.  That  the  free  white  men  of  this  State  shall  have  a  right  to 
keep  and  to  bear  arms  for  their  common  defence. 

Sec.  22.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a 
manner  prescribed  by  law. 


Arkansas — 1864  291 

Sec.  23.  The  military  shall  be  kept  in  strict  subordination  to  the 
civil  power. 

Sec,  24.  This  enumeration  of  rights  shall  not  be  construed  to  deny 
or  disparage  others  retained  by  the  peoj)le,  and  to  guard  against  any 
encroachments  on  the  rights  herein  retained,  or  any  transgression  of 
anj  of  the  higher  powers  herein  delegated,  we  declare  that  every- 
thing in  this  article  is  excepted  out  of  the  general  powers  of  the  gov- 
ernment, and  shall  forever  remain  inviolate;  and  that  all  laws  con- 
trary thereto,  or  to  the  other  provisions  herein  contained,  shall  be 
void. 

Article  III 

OP   DEPARTMENTS 

Section  1.  The  power  of  the  government  of  the  State  of  Arkansas 
shall  be  divided  into  three  distinct  departments,  each  of  them  to  be 
confided  to  a  separate  body  of  magistracy,  to  wit:  Those  which  are 
legislative  to  one;  those  which  are  executive  to  another;  and  those 
which  are  judicial  to  another. 

Sec.  2.  No  person  or  collection  of  persons  being  of  one  of  those 
departments,  shall  exercise  any  power  belonging  to  either  of  the 
others,  except  in  the  instances  hereinafter  expressly  directed  or  per- 
mitted. 

Article  IV 

legislative  department 

Section  1.  The  legislative  power  of  this  State  shall  be  invested  in 
a  general  assembly,  which  shall  consist  of  a  senate  and  house  of 
representatives. 

qualification  of  electors 

Sec.  2.  Every  free  wdiite  male  citizen  of  the  United  States  who 
shall  have  attained  the  age  of  twenty-one  j^ears,  and  who  shall  have 
been  a  citizen  of  the  State  six  months  next  preceding  the  election, 
shall  be  deemed  a  qualified  elector,  and  be  entitled  to  vote  in  the 
county  or  district  w^here  he  actually  resides,  or  in  case  of  volunteer 
soldiers,  within  their  several  military  departments  or  districts,  for 
each  and  every  office  made  elective  under  the  State  or  under  the 
United  States:  Provided,  That  no  soldier,  seaman  or  marine  in  the 
Regular  Army  or  Navy  of  the  United  States  shall  be  entitled  to  vote 
at  any  election  within  the  State  in  time  of  peace:  And  provided  fur- 
ther, That  any  one  entitled  to  vote  in  this  State  in  the  county  where 
he  resides,  may  vote  for  the  adoption  or  rejection  of  this  constitution 
in  any  county  in  this  State. 

time  of  choosing  representatives 

Sec.  3.  The  house  of  representatives  shall  consist  of  meml)ers  to  be 
chosen  every  second  year  by  the  qualified  electors  of  the  several 
counties. 

qualifications  or  a  representative 

Sec.  4.  No  person  shall  be  a  member  of  the  house  of  representatives 
who  shall  not  have  attained  the  age  of  twenty-five  years ;   who  shall 


292  Arkansas— 1864 

not  be  a  free  male  white  citizen  of  the  United  States;  who  shall  not 
have  been  an  inhabitant  of  this  State  one  year;  and  who  shall  not,  at 
the  time  of  his  electi<m,  have  an  actual  residence  in  the  county  he  may 
be  chosen  to  represent. 

QUALIFICATlCiNS   OF   A    SENATOR 

Sec.  5.  The  senate  shall  consi.st  of  members  to  be  chosen  every  four 
years,  by  the  qualified  electors  of  the  several  districts. 

Sec.  0.  No  person  shall  be  a  senator  who  shall  not  have  attained  the 
age  of  twenty-five  years;  who  shall  not  be  a  free,  white  male  citizen 
of  the  United  States;  who  shall  not  have  been  an  inhabitant  of  ttiis 
State  one  year;  and  who  shall  not,  at  the  time  of  his  election,  have  an 
actual  residence  in  the  district  he  mav  be  chosen  to  represent. 

Sec.  7.  The  general  assembly  shall  meet  every  two  years,  on  the 
first  ^londay  in  November,  at  the  seat  of  government,  until  changed 
by  law,  except  that  the  general  assembly  for  the  year  1864,  shall  meet 
on  the  second  Monday  in  April  of  that  year. 

MODE    OF    ELECTION    AND    TIAIE    AND    PRIVILEGES    OF    ELECTORS 

Sec.  8.  All  general  elections  shall  be  viva  voce  until  otherwise 
directed  by  law,  and  commence  and  be  holden  every  two  years,  on  the 
first  Monday  in  August,  until  altered  by  law,  (except  that)  the  first 
election  under  this  constitution  shall  be  held  on  the  second  Monday  in 
March,  1804,  and  the  electors  in  all  cases,  except  in  cases  of  treason, 
felony  and  breach  of  the  peace,  shall  be  privileged  from  arrest  during 
their  attendance  on  elections  and  in  going  to  and  returning  therefrom. 

DUTY   OF   GOVERNOR 

Sec.  9.  The  governor  shall  issue  writs  of  election  to  fill  such  vacan- 
cies as  shall  occur  in  either  house  of  the  general  assembly. 

Sec.  10.  No  judge  of  the  supreme  circuit,  or  inferior  courts  of  law, 
or  equity.  Secretary  of  State,  Attorney-General  of  the  State,  District 
Attorneys,  State  Auditor  or  Treasurer,  register  or  recorder,  clerk  of 
any  court  of  record,  sheriff,  coroner  or  member  of  Congress,  nor  any 
other  person  holding  any  lucrative  office  under  the  United  States  or 
this  State,  (militia  officers,  justices  of  the  peace,  postmasters  and 
judges  of  the  county  courts  excepted,)  shall  be  eligible  to  a  seat  in 
either  House  of  the  General  Assembly. 

Sec.  11.  No  person  who  now  is,  or  shall  be  hereafter,  a  collector  or 
holder  of  public  money,  nor  any  assistant  or  deputy  of  such  holder  or 
collector  of  public  money,  shall  be  eligible  to  a  seat  in  either  House 
of  the  General  Assembly,  nor  to  any  office  of  trust  or  profit ;  until  he 
shall  have  accounted  for  and  paid  over  all  sums  for  which  he  may 
have  been  liable. 

Sec.  12.  The  General  Assembly  shall  exclude  from  every  office  of 
trust  or  profit,  and  from  the  right  of  sufferage  within  this  State,  all 
persons  convicted  of  briber}',  or  perjury,  or  other  infamous  crime. 

Sec.  13.  Every  person  who  shall  have  been  convicted,  either 
directly  or  indirectly,  of  giving  or  offering  any  bribe  to  procure  his 
election  or  appointment,  shall  be  disqualified  from  holding  any  office 


Arkansas — 1864  293 

of  trust  or  profit  under  this  State ;  and  any  person  who  shall  give  or 
offer  any  bribe  to  procure  the  election  or  appointment  of  any  person 
shall,  on  conviction  thereof,  be  disqualified  irom  being  an  elector,  or 
from  holding  office  of  trust  or  profit  under  this  State. 

Sec.  14.  No  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  State  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  his  continuance  in  office,  except  to 
such  office  as  shall  be  filled  by  the  election  of  the  people. 

Sec.  15.  Each  House  shall  appoint  its  own  officers,  and  shall  judge 
of  the  qualifications,  returns  and  elections  of  its  own  members.  Two- 
thirds  of  each  house  shall  constitute  a  quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  compel  the  attend- 
ance of  absent  members,  in  such  manner  and  under  such  penalties  as 
"each  house  shall  provide. 

Sec.  10.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  own  members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds  of  the  members  elected,  expel  a  member;  but 
no  member  shall  be  expelled  a  second  time  for  the  same  offence.  They 
shall  each,  from  time  to  time,  publish  a  journal  of  their  proceedings, 
except  such  parts  as  may  require  secrecy ;  and  the  yeas  and  nays  upon 
any  question  shall  be  entered  on  the  journal  at  the  desire  of  any  five 
members. 

Sec.  17.  The  door  of  each  house,  when  in  session  or  in  committee 
of  the  whole,  shall  be  kept  open,  except  in  cases  which  may  require 
secrecy;  and  each  house  may  punish,  by  fine  and  imprisonment,  any 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house, 
by  any  disorderly  or  contemptuous  behavior  in  their  presence  during 
their  session;  but  such  imprisonment  shall  not  extend  beyond  the 
final  adjournment  of  that  session. 

Sec.  18.  Bills  may  originate  in  either  House,  and  be  amended  or 
rejected  in  the  other,  and  every  bill  for  an  act  shall  be  read  three 
times  before  each  house,  twice  at  length,  and  in  no  case  shall  a  bill  be 
read  more  than  twice  on  one  day;  and  the  vote  upon  the  passage  of 
any  law  shall,  in  all  cases,  be  taken  by  yeas  and  nays,  and  by  record- 
ing the  same;  and  every  bill  having  passed  both  houses,  shall  be 
signed  by  the  president  of  the  senate  and  the  speaker  of  the  house  of 
representatives. 

Sec.  10.  Whenever  an  officer,  civil  or  military,  shall  be  appointed 
by  the  joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote 
of  either  house  of  the  General  Assembly,  the  vote  shall  be  taken  vira 
voce,  and  entered  on  the  journal. 

Sec.  20.  The  senators  and  representatives  shall,  in  all  cases  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  the  session  of  the  General  Assembly,  and  for  fifteen  days 
before  the  commencement  and  after  the  termination  of  each  session ; 
and  for  any  speech  or  debate  in  either  House,  they  shall  not  be  ques- 
tioned in  any  other  place. 

Sec.  21.  The  members  of  the  General  Assembly  shall  severally 
receive  from  the  public  treasury,  compensation  for  their  services, 
which  may  be  increased  or  diminished ;  but  no  alteration  of  such  com- 
pensation of  members  shall  take  effect  during  the  session  at  which  it 
is  made. 


294  Arkansas — 1864 

MANNER   OK    BBINOING   SUITS   AGAINST  THE   STATE 

Sec.  22.  The  general  assembly  shall  direct  by  law,  in  what  courts, 
and  in  what  manner  suits  may  be  commenced  against  the  State. 

Sec.  23.  The  general  asstunbly  shall  not  have  power  to  pass  any  bill 
of  divorce,  but  may  prescribe  by  law  the  manner  in  which  such  cases 
may  be  investigated  in  the  courts  of  justice,  and  divorces  granted. 

Sec.  24.  The  governor,  lieutenant-governor,  secretary  of  state,  audi- 
tor, treasurer,  and  all  judges  of  the  supreme,  circuit  and  inferior 
courts  of  law  and  equity,  and  the  prosecuting  attorneys  for  the  State, 
shall  be  liable  to  impeachment  for  any  malpractice  or  misdemeanor 
in  office,  but  judgment  in  such  cases  shall  not  extend  further  than 
removal  from  office,  and  disqualification  to  hold  any  office  of  trust  or 
profit  under  this  State.  The  party  impeached,  whether  convicted  or 
acquitted,  shall  nevertheless  be  liable  to  be  indicted,  tried  and  pun- 
ished according  to  law. 

Sec.  25.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment,  and  all  impeachments  shall  be  tried  by  the  senate;  and 
when  sitting  for  that  purpose,  the  senators  shall  be  on  oath  or  affirma- 
tion to  do  justice  according  to  law  and  evidence.  AVlien  the  governor 
shall  be  tried,  the  chief  justice  of  the  supreme  court  shall  preside,  and 
no  })erson  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
all  the  senators  elected ;  and  for  reasonable  cause  which  shall  not  be 
sufficient  ground  for  impeachment,  the  governor  shall,  on  the  joint 
address  of  two-thirds  of  each  branch  of  the  legislature,  remove  from 
office  the  judges  of  the  supreme  and  inferior  courts:  Provided,  The 
cause  or  causes  of  removal  be  spread  on  the  journals,  and  the  party 
charged  be  notified  of  the  same,  and  heard  by  himself  and  counsel 
before  the  vote  is  finally  taken  and  decided. 

Sec.  26,  The  appointment  of  all  officers,  not  otherwise  directed  by 
this  constitution,  shall  be  made  in  such  manner  as  may  be  prescril^ed 
by  law;  and  all  officers,  both  civil  and  military,  acting  under  the 
authority  of  this  State,  shall,  before  entering  on  the  duties  of  their 
respective  offices,  take  an  oath  or  affirmation  to  support  the  Constitu- 
tion of  the  United  States  and  of  this  State,  and  to  demean  themselves 
faithfully  in  office. 

Sec.  27.  No  county  now  established  by  law  shall  ever  be  reduced  by 
the  establishment  of  any  new  county  or  counties,  to  less  than  six 
hundred  square  miles,  nor  to  a  less  population  than  its  ratio  of  repre- 
sentation in  the  house  of  representatives;  nor  shall  any  county  be 
hereafter  established  which  shall  contain  less  than  six  hundred  square 
miles,  or  a  less  population  than  would  entitle  each  county  to  a  member 
in  the  house  of  representatives. 

Sec.  28.  The  style  of  the  laws  of  this  State  shall  be — ^^Be  it  enacted 
by  the  general  assembly  of  the  State  of  Arkansas^ 

Sec.  29.  The  State  shall  from  time  to  time  be  divided  into  con- 
venient districts,  in  such  manner  that  the  senate  shall  be  based  upon 
the  free,  white  male  inhabitants  of  the  State,  each  senator  represent- 
ing an  equal  numl)er  as  nearly  as  practicable;  and  the  senate  shall 
never  consist  of  less  than  seventeen  nor  more  than  thirty-three  mem- 
bers; and  as  soon  as  the  senate  shall  meet  after  the  first  election  to 
be  held  under  this  constitution,  they  shall  cause  the  senators  to  be 
divided  by  lot  into  two  classes,  nine  of  the  first  class  and  eight  of  the 
second ;  and  the  seats  of  the  first  class  shall  be  vacated  at  the  end  of 


Arkansas — 1864  295 

two  years  from  the  time  of  their  election ;  and  the  seats  of  the  second 
class  at  the  end  of  four  years  from  the  time  of  their  election,  in 
order  that  one  class  of  the  senators  may  be  elected  every  two  years. 

Sec.  30.  An  enumeration  of  the  inhabitants  of  the  State  shall  be 
taken  under  the  direction  of  the  general  assembly  on  the  first  day  of 
January,  one  thousand  eight  hundred  and  sixty-five,  and  at  the  end 
of  every  ten  years  thereafter;  and  the  general  assembly  shall,  at  the 
first  session  after  the  return  of  every  enumeration,  so  alter  and 
arrange  the  senatorial  districts,  that  each  district  shall  contain,  as 
nearly  as  practicable,  an  equal  number  of  free  white  male  inhabitants. 

Sec.  31.  The  ratio  of  representation  in  the  senate  shall  be  fifteen 
hundred  free  white  male  inhabitants  to  each  senator,  until  the  sena- 
tors amount  to  twenty-five  in  number,  and  then  they  shall  be  equally 
apportioned  upon  the  same  basis  throughout  the  State,  in  such  ratio 
as  the  increased  number  of  free  white  male  inhabitants  may  require, 
without  increasing  the  senators  to  a  greater  number  than  twenty- 
five,  until  the  population  of  the  State  amounts  to  five  hundred  thou- 
sand souls;  and  when  an  increase  of  senators  takes  place,  they  shall, 
from  time  to  time,  be  divided  by  lot,  and  be  classed  as  prescribed 
above. 

Sec.  32.  The  house  of  representatives  shall  consist  of  not  less  than 
fifty-four,  nor  more  than  one  hundred  representatives,  to  be  appor- 
tioned among  the  several  counties  in  this  State,  according  to  the 
number  of  free  white  male  inhabitants  therein,  taking  five  hundred 
as  the  ratio,  until  the  number  of  representatives  amounts  to  seventy- 
five;  and  when  they  amount  to  seventy-five,  they  shall  not  be  further 
increased  until  the  population  of  the  State  amounts  to  fiv-e  hundred 
thousand  souls:  Provided,  That  each  county  now  organized,  shall, 
although  its  population  may  not  give  the  existing  ratio,  always  be 
entitled  to  one  representative ;  and  at  the  first  session  of  the  general 
assembly,  after  the  return  of  every  enumeration,  the  representation 
shall  be  equally  divided  and  re-apportioned  among  the  several  coun- 
ties, according  to  the  number  of  free  white  males  in  each  county,  as 
above  prescribed. 

mode  or  amending  the  constitution 

The  General  Assembly  may,  at  any  time,  propose  such  amendments 
to  this  Constitution  as  two-thirds  of  each  house  shall  deem  expedient, 
which  shall  be  published  in  all  the  newspapers  published  in  this 
State,  three  several  times,  at  least  twelve  months  before  the  next 
General  Election ;  and  if,  at  the  first  session  of  the  General  Assembly 
after  such  general  election,  two-thirds  of  each  House  shall,  by  yeas 
and  nays,  ratify  such  proposed  amendments,  they  shall  be  valid  to 
all  intents  and  purposes  as  parts  of  this  Constitution:  Provided, 
That  such  proposed  amendments  shall  be  read  on  three  several  days 
in  each  House,  as  well  when  the  same  are  proposed  as  when  they 
are  finally  ratified. 

Article  V 

abolishment  of  slavery 

Section  1.  Neither  slavery  nor  involuntary  servitude  shall  here- 
after exist  in  this  State,  otherwise  than  for  the  punishment  of  crime, 


296  Arkansas — 1864 

wlu'irof  the  ])ait y  shall  have  Ix'en  convicted  by  due  process  of  law ; 
nor  shall  any  male  jjerson,  arrived  at  the  a^e  of  twenty-one  years,  nor 
female  arrived  at  the  ape  of  eijjhteen  years,  lje  held  to  serve  any  per- 
son as  a  servant,  under  any  indenture  or  contract  hereafter  made, 
unless  such  person  shall  enter  into  such  indenture  or  contract  while 
in  a  state  of  perfect  freedom,  and  on  condition  of  a  bona-fide  con- 
sideration received,  or  to  be  received  for  their  services. 

Nor  shall  any  indenture  of  any  negro  or  mulatto  hereafter  made  and 
executed  out  of  this  State,  or  if  made  in  this  State,  where  the  term 
of  service  exceeds  one  vear,  be  of  the  least  validity,  except  those  given 
in  case  of  apprenticesliip,  which  shall  not  be  for  a  longer  term  than 
until  the  apprentice  shall  arrive  at  the  age  of  twenty-one  years,  if  a 
male,  or  the  age  of  eighteen  years,  if  a  female. 

Article  VI 

EXECUTIVE   DEPARTMENT 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  ''  the  (Governor  of 
Arkansas." 

Sec  2.  The  Governor  shall  be  elected  by  the  qualified  electors,  at 
the  time,  and  places  where  they  shall  respectively  vote  for  Repre- 
sentatives. 

Sec.  3.  The  returns  of  every  election  for  Governor,  except  those  of 
the  election  of  eighteen  hundred  and  sixty-four,  which  shall  be  sealed 
and  directed,  as  ordered  in  the  schedule  apjxsnded  to  this  Constitu- 
tion, shtill  be  sealed  up  and  transmitted  to  the  speaker  of  the  House 
of  Representatives,  who  shall,  during  the  first  week  of  the  session, 
open  and  publish  them  in  the  presence  of  both  Houses  of  the  General 
assembly.  The  person  having  the  highest  number  of  votes  shall  be 
governor;  but  if  two  or  more  shall  be  equal  and  highest  in  votes, 
one  of  them  shall  be  chosen  governor  by  the  joint  vote  of  both  houses 
of  the  general  assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  governor  shall  hold  his  office  for  the  term  of  four  years 
from  the  time  of  his  installation,  and  until  his  successor  shall  be  duly 
qualified,  but  he  shall  not  be  eligible  for  more  than  eight  years  in 
any  term  of  twelve  years;  he  shall  be  at  least  thirty  years  of  age, 
a  native-born  citizen  of  Arkansas,  or  a  native-born  citizen  of  the 
United  States,  or  a  resident  of  Arkansas  ten  years  previous  to  the 
adoption  of  this  constitution,  if  not  a  native  of  the  United  States, 
and  shall  have  been  a  resident  of  the  same  at  least  four  years  next 
before  his  election. 

Sec.  5.  He  shall,  at  stated  times,  receive  a  compensation  for  his 
services,  which  shall  not  be  increased  or  diminished  during  the  term 
for  which  he  shall  have  been  elected;  nor  shall  he  receive,  within 
that  period,  any  other  emolument  from  the  United  States,  or  any  one 
of  them,  or  from  any  foreign  power. 

Sec.  0.  He  shall  be  conmiander-in-chief  of  the  army  of  this  State, 
and  of  the  militia  thereof,  except  when. they  shall  be  called  into  the 
service  of  the  United  States. 

Sec.  7.  He  may  require  any  information,  in  writing,  from  the 
officers  of  the  executive  department  on  any  subject  relating  to  the 
duties  of  their  respective  offices. 


Arkansas— 1864  297 

Sec.  8,  He  may,  by  proclamation,  on  extraordinary  occasions,  con- 
vene the  general  assembly  at  the  seat  of  government,  or  at  a  different 
place,  if  that  shall  have  become,  since  their  last  adjournment,  danger- 
ous from  an  enemy,  or  from  contagious  diseases.  In  case  of  dis- 
agreement between  the  two  houses,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  beyond  the  day  of  the  next  meeting  of  the  general 
assembly. 

Sec.  9.  He  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  government,  and  recommend  to  their 
consideration,  such  measures  as  he  may  deem  expedient. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason 
and  impeachment,  he  shall  have  power  to  grant  j^ardons,  after  con- 
viction, and  remit  fines  and  forfeitures,  under  such  rules  and  regula- 
tions as  shall  be  prescribed  by  law.  In  cases  of  treason,  he  shall 
have  power,  by  and  with  the  advice  and  consent  of  the  senate,  to 
grant  reprieves  and  pardons,  and  he  may,  in  the  recess  of  the  senate, 
respite  the  sentence  imtil  the  end  of  the  next  session  of  the  general 
assembly. 

Sec.  12.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially. 

Sec.  13.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Arkansas,  be  sealed  with  the  seal  of  this  State,  signed 
by  the  governor,  and  attested  by  the  secretary  of  state. 

Sec.  14.  There  shall  be  elected  a  secretary  of  state  by  the  qualified 
voters  of  the  State,  who  shall  continue  in  office  during  the  term  of 
four  years,  and  until  his  successor  in  office  be  duly  qualified ;  he  shall 
keep  a  fair  register  of  all  official  acts  and  proceedings  of  the  gov- 
ernor, and  shall,  when  required,  lay  the  same,  and  all  papers,  minutes 
and  vouchers  relative  thereto,  before  the  general  assembly,  and  sKall 
perform  such  other  duties  as  may  be  required  by  law. 

Sec.  15.  Vacancies  that  may  happen  in  offices,  the  election  of  which 
is  vested  in  the  general  assembly,  shall  be  filled  by  the  governor, 
during  the  recess  of  the  general  assembly,  by  granting  commissions, 
Avhich  shall  expire  at  the  end  of  the  next  session. 

Sec.  1G.  Vacancies  that  may  occur  in  offices,  the  election  to  which 
is  vested  in  the  people,  within  less  than  one  year  before  the  expira- 
tion of  their  term,  shall  be  filled  by  the  governor  granting  commis- 
sions, which  shall  expire  at  the  end'of  the  next  term ;  but  it  one  year 
or  a  longer  period  remains  unexpired  at  the  time  of  the  vacancy, 
then,  and  in  that  case,  the  governor  shall  order  an  election  to  be  held 
to  fill  the  vacancy. 

Sec.  17.  Every  bill  which  shall  have  passed  both  houses  shall  be 
presented  to  the*  governor ;  if  he  approve  it,  he  shall  sign  it;  but  if 
he  shall  not  approve  it,  he  shall  return  it,  with  his  objections,  to 
the  house  in  which  it  shall  have  originated,  who  shall  enter  his  ob- 
jections at  large  upon  their  journals,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  a  majority  of  the  whole  number  elected 
to  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the 
objections,  to  the  other  House,  by  which,  likewise,  it  shall  be  consid- 
ered, and  if  approved  bv  a  majority  of  the  whole  number  elected  to 
that  House,  it  shall  be  "^a  law;  but"  in  such  cases,  the  votes  of  both 
Houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 


298  Arkansas— 1864 

l)ersons  voting  for  or  against  the  bill,  shall  be  entered  on  the  journals 
of  each  House  resjjectively.  If  any  bill  shall  not  be  returned  by  the 
Governor  within  three  days,  Sundays  excepted,  after  it  shall  have 
been  presented  to  him,  the  same  shall  l)e  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  General  Assembly,  by  their  adjournment, 
prevent  its  return ;  in  such  case  it  shall  not  be  a  law. 

Sec.  18.  Every  order  or  resolution,  to  which  the  concurrence  of 
both  Houses  may  be  necessary,  except  on  questions  of  adjournment, 
shall  l)e  presented  to  the  Governor  before  it  shall  take  effect,  be 
approved  by  him,  or,  being  disapproved,  shall  be  repassed  by  both 
Houses,  according  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill. 

Sec.  19.  A  Lieutenant-Governor  shall  be  chosen  at  every  election 
for  Governor,  in  the  same  manner,  continue  in  office  for  the  same 
time,  and  possess  the  same  qualifications.  In  voting  for  Governor 
and  Lieutenant-Governor,  the  electors  shall  distinguish  for  whom 
they  vote  as  Governor,  and  for  whom  as  Lieutenant-Governor. 

Sec.  20.  He  shall,  by  virtue  of  his  office,  he  President  of  the  Senate, 
have  a  right,  when  in  committee  of  the  whole,  to  debate,  and,  when- 
ever the  Senate  are  equally  divided,  shall  give  the  casting  vote. 

Sec.  21.  Whenever  the  government  shall  be  administered  by  the 
Lieutenant-Governor,  or  he  shall  be  unable  to  attend  as  President  of 
the  Senate,  the  Senate  shall  elect  one  of  their  own  members  as  presi- 
dent for  that  occasion;  and  if,  during  the  vacancy  of  the  office  of  the 
Governor,  the  Lieutenant-Governor  shall  be  impeached,  removed 
from  office,  refuse  to  qualify,  or  resign,  or  die,  or  be  absent  from  the 
State,  the  President  of  the  Senate  shall,  in  like  manner,  administer 
the  government. 

Sec.  22.  The  Lieutenant-Governor,  while  he  acts  as  President  of 
the  Senate,  shall  receive  for  his  services  the  same  compensation,  which 
shall  for  the  same  period  l>e  allowed  to  the  Speaker  of  the  House  of 
Representatives,  and  no  more,  and  during  the  time  he  administers 
the  government  as  Governor,  he  shall  receive  the  same  compensation 
which  the  Governor  would  have  received  had  he  been  employed  in  the 
duties  of  his  office. 

Sec.  23.  In  case  of  an  impeachment  of  the  Governor,  his  removal 
from  office,  death,  refusal  to  qualify;  resignation,  or  absence  from  the 
State,  the  Lieutenant-Governor  shall  exercise  all  the  power  and  au- 
thority appertaining  to  the  office  of  Governor,  until  the  time  pointed 
out  by  this  Constitution  for  the  election  of  a  Governor  shall  arrive, 
imless  the  General  Assembly  shall  provide  by  law  for  the  election  of 
Governor  to  fill  such  vacancv. 

Sec.  24.  The  Governor  shall  always  reside  at  the  seat  of  govern- 
ment. 

Sec.  25.  No  person  shall  hold  the  office  of  Governor  or  Lieutenant- 
Governor,  and  any  other  office  or  commission,  civil  or  military,  either 
in  this  State  or  under  any  State,  or  the  United  States,  or  any  other 
power,  at  one  and  the  same  time. 

Sec.  26.  There  shall  be  elected  by  the  qualified  voters  of  this  State, 
an  Auditor  and  Treasurer  for  this  State,  who  shall  hold  their  offices 
for  the  term  of  two  years,  and  until  their  respective  successors  are 
elected  and  qualified,  unless  sooner  removed,  and  shall  keep  their 


Arkansas — 1864  299 

respective  offices  at  the  seat  of  government,  and  shall  perform  such 
duties  as  shall  be  prescribed  by  law ;  and  in  case  of  vacancy  by  death, 
resignation  or  otherwise,  such  vacancy  shall  be  filled  by  the  Governor 
as  in  other  cases. 

MILITIA 

Section  1.  The  militia  of  this  State  shall  be  divided  into  con- 
venient divisions,  brigades,  regiments  and  companies,  and  officers  of 
corresponding  titles  and  rank  elected  to  command  them,  conforming, 
as  nearly  as  practicable,  to  the  general  regulations  of  the  Army  of 
the  United  States;  and  all  officers  shall  be  elected  by  those  subject  to 
military  duty  in  their  several  districts,  except  as  hereinafter  pro- 
vided. 

Sec.  2.  The  Governor  shall  appoint  the  Adjutant-General  and 
other  members  of  his  staff;  and  Major-Generals,  Brigadier-Generals, 
and  Commanders  of  regiments,  shall  respectively  appoint  their  own 
staff;  and  all  commissioned  officers  may  continue  in  office  during  good 
behavior,  and  staff  officers  during  the  same  time,  subject  to  be  re- 
moved by  the  superior  officer  from  whom  they  respectively  derive 
their  commissions. 

Article  VII 
judicial  department 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
supreme  court,  in  circuit  courts,  in  county  courts,  and  in  justices  of 
the  peace.  The  general  assembly  may  also  vest  such  jurisdiction  as 
may  be  deemed  necessary  in  corporation  courts,  and  when  they  deem 
it  expedient,  may  establish  courts  of  chancery. 

Sec.  2.  The  supreme  court  shall  be  composed  of  three  judges,  one 
of  whom  shall  be  styled  chief  justice,  any  two  of  whom  shall  consti- 
tute a  quorum,  and  the  concurrence  of  any  two  of  said  judges  shall,  in 
every  case,  be  necessary  to  a  decision. 

The  supreme  court,  except  in  cases  otherwise  directed  by  this  con- 
stitution, shall  have  appellate  jurisdiction  only,  Avhich  shall  be  co 
extensive  with  the  State,  under  such  restrictions  and  regulations  as 
may,  from  time  to  time,  be  prescribed  by  law. 

It  shall  have  a  general  superintending  control  over  all  inferior  and 
other  courts  of  law  and  equity.  It  shall  have  power  to  issue  writs  of 
error,  supersedeas,  certiorari  and  habeas  corpus,  mandamns  and  quo 
warranto,  and  other  remedial  writs,  and  to  hear  and  determine  the 
same.  Said  judges  shall  be  conservators  of  the  peace  throughout  the 
State,  and  shall  have  power  to  issue  any  of  the  aforesaid  Avrits. 

Sec.  3.  The  circuit  court  shall  have  original  jurisdiction  over  all 
criminal  cases  which  shall  not  be  otherwise  provided  for  by  law;  and 
exclusive  original  jurisdiction  of  all  crimes  amounting  to  felony  at 
the  common  law,  and  original  jurisdiction  of  all  civil  cases  which 
shall  not  be  cognizable  before  justices  of  the  peace,  until  otherwise 
directed  by  the  general  assembly;  and  original  jurisdiction  in  all  mat- 
ters of  contract,  where  the  sum  in  controversy  is  over  two  hundred 
dollars.  It  shall  hold  its  terms  at  such  place  in  each  county  as  may  be 
by  law  directed. 


300  Arkansas— 1864 

Sec.  4.  The  State  shall  be  divided  into  convenient  circuits,  each  to 
consist  of  not  less  than  five  nor  more  than  seven  counties  contiguous 
to  each  other,  for  each  of  which  a  judge  shall  be  elected,  who,  during 
his  continuance  in  office,  shall  reside  and  be  a  conservator  of  the  peace, 
within  the  circuit  for  which  he  shall  have  been  elected. 

Sec.  5.  The  circuit  courts  shall  exercise  a  superintending  control 
over  the  count}^  courts,  and  over  justices  of  the  peace  in  each  county, 
in  their  respective  circuits,  and  shall  have  power  to  issue  all  the  neces- 
sary writs  to  carry  into  effect  their  general  and  specific  powers. 

Sec.  G.  Until  the  general  assembly  shall  deem  it  expedient  to  estab- 
lish courts  of  chancery,  the  circuit  courts  shall  have  jurisdiction  in 
matters  of  eipiity,  subject  to  appeal  to  the  supreme  court,  in  such  man- 
ner as  may  be  i)rescribed  by  law. 

Sec.  7.  The  qualified  voters  of  this  State  shall  elect  the  judges  of 
the  supreme  court;  the  judges  of  the  supreme  court  shall  be  at  least 
thirty  years  of  age;  they  shall  hold  their  offices  during  the  term  of 
eight  years  from  the  date  of  their  commissions,  and  until  their  suc- 
cessors are  elected  and  qualified. 

Immediately  after  such  election  by  the  people,  the  lieutenant-gov- 
ernor and  speaker  of  the  house  of  representatives  shall  proceed,  by 
lot,  to  divide  the  judges  into  three  classes.  The  commission  of  the 
first  class  shall  expire  at  the  end  of  four  years;  of  the  second  class  at 
the  end  of  six  years;  and  of  the  third  class  at  the  end  of  eight  years; 
so  that  one-third  of  the  whole  number  shall  be  chosen  every  four,  six 
and  eight  years. 

Sec.  8.  The  qualified  voters  of  each  judicial  district  shall  elect  a 
circuit  judge.  The  judges  of  the  circuit  court  shall  be  at  least  twenty- 
five  years  of  age,  and  shall  be  elected  for  the  term  of  four  years  from 
the  date  of  their  commissions,  and  shall  serve  until  their  successors 
are  elected  and  qualified. 

Sec.  9.  The  sui)reme  court  shall  appoint  its  own  clerk  or  clerks,  for 
the  term  of  four  years..  The  qualified  voters  of  each  county  shall 
elect  a  clerk  of  the  circuit  court  for  the  respective  counties,  who  shall 
hold  his  office  for  the  term  of  two  years,  and  until  his  successor  is 
elected  and  qualified;  and  courts  of  chancery,  if  any  be  established, 
shall  appoint  their  own  clerks. 

Sec.  10.  The  Judges  of  the  Supreme  Courts  and  Circuit  Courts 
shall,  at  stated  times,  receive  a  compensation  for  their  services,  to  be 
ascertained  by  law,  which  shall  not  be  diminished  during  the  time 
for  which  they  are  elected.  They  shall  not  be  allowed  any  fees  or 
perquisites  of  office,  nor  hold  any  other  office  of  trust  or  profit  under 
this  State  or  the  United  States.  The  Attorney-General,  the  State's 
Attorneys,  and  Clerks  of  the  Supreme  and  circuit  Courts,  and  courts 
of  chancery,  if  any  such  be  established,  shall  receive  for  their  services 
such  salaries,  fees  and  perquisites  of  office,  as  shall,  from  time  to  time, 
be  fixed  by  law. 

Sec.  11.  There  shall  be  established  in  each  county  in  the  State,  a 
court  to  be  holden  by  the  Justices  of  the  Peace,  a  court  called  the 
County  Court,  which  shall  have  jurisdiction  in  all  matters  relating  to 
taxes,  disbursements  of  money  for  county  purposes,  and  in  every 
other  case  that  may  be  necessary  to  the  internal  improvement  and 
local  concerns  of  the  respective  counties. 

Sec.  12.  The  qualified  voters  of  each  county  shall  elect  a  County 
and  Probate  Judge,  who  shall  hold  his  office  for  two  years,  and  until 


Arkansas — 1864.  301 

his  successor  is  elected  and  qualified.  He  shall,  in  addition  to  the 
duties  that  may  be  required  of  him  by  law,  as  a  presiding  judge  of 
the  County  Court,  be  a  judge  of  the  court  of  probate,  and  have  such 
jurisdiction  in  matters  relating  to  the  estates  of  deceased  persons, 
executors,  administrators  and  guardians,  as  may  be  prescribed  by 
law,  until  otherwise  directed  bv  the  General  Assembly. 

Sec.  13.  The  presiding  Judge  of  the  Probate  and  County  Court, 
and  Justices  of  the  Peace,  shall  receive  for  their  services  such  com- 
pensation and  fees  as  the  General  Assembly  may  from  time  to  time 
by  law  direct. 

Sec.  14.  No  judge  shall  preside  on  the  trial  of  any  cause  in  the 
event  of  which  he  may  be  interested,  or  Avliere  either  of  the  parties 
shall  be  connected  with  him  by  affinity  or  consanguinity,  within  such 
degrees  as  may  be  prescribed  by  law,  or  in  which  he  may  have  been 
counsel,  or  have  presided  in  any  inferior  court,  except  by  consent  of 
all  the  parties.  In  case  all  or  any  of  the  Judges  of  the  Supreme 
Court  shall  be  thus  disqualified  from  presiding  on  any  cause  or 
causes,  the  court  or  judges  thereof  shall  certify  the  same  to  the  Gov- 
ernor of  the  State,  and  he  shall  immediately  commission,  specially, 
the  requisite  number  of  men  of  law -knowledge,  for  the  trial  and 
determination  thereof.  The  same  course  shall  be  pursued  in  the  Cir- 
cuit and  inferior  courts  as  prescribed  in  this  section  for  cases  of  the 
Supreme  Court.  Judges  of  the  Circuit  Courts  may  temporarily  ex- 
change circuits,  or  hold  courts  for  each  other,  under  such  regulations 
as  may  be  pointed  out  by  law.  Judges  shall  not  charge  juries  with 
regard  to  matter  of  fact,  but  may  state  the  testimony  and  declare  the 
law. 

Sec.  15.  The  qualified  A^oters  thereof  shall  elect  an  Attorney  for 
the  State,  for  each  judicial  circuit  established  by  law,  who  shall  con- 
tinue in  office  two  years,  and  until  his  successor  is  elected  and  qual- 
ified, and  reside  within  the  circuit  for  which  he  was  elected  at  the 
time  of,  and  during  his  continuance  in  office.  In  all  cases  where  an 
attorney  for  the  State,  of  any  circuit,  fails  to  attend  and  prosecute, 
according  to  law,  the  court  shall  have  power  to  appoint  an  attorney 
pro  tempore. 

Sec.  16.  The  qualified  voters  of  this  State  shall  elect  an  Attorney- 
General,  whose  salary  shall  be  the  same  as  that  of  Circuit  Judge, 
who  shall  be  learned  in  the  laAV ;  who  shall  be  at  least  thirty  years  of 
age,  and  shall  hold  his  office  for  the  term  of  four  years  from  the  date 
of  his  commission,  and  until  his  successor  is  elected  and  qualified ; 
and  whose  duty  it  shall  be  to  prosecute  the  State's  pleas  before  the 
Supreme  Court,  and  give  his  opinion,  in  writing,  on  all  questions  of 
law  or  equity,  when  required  by  the  governor  or  other  officer  of  the 
State,  and  perform  such  other  duties  as  may  be  jjrescribed  by  law. 

Sec.  it.  All  writs  and  other  process  shall  run  in  the  name  of  the 
''^State  of  Arkansas,'''^  and  bear  teste  and  be  signed  by  the  clerks  of 
the  respective  courtg  from  which  they  issue.  Indictments  shall  con- 
clude "  against  the  peace  and  dignity  of  the  State  of  Arkansas." 

Sec.  18,  The  qualified  voters  residing  in  each  township  shall  elect 
the  Justices  of  the  Peace  for  each  township.  For  every  one  hun- 
dred voters  there  may  be  elected  one  Justice  of  the  Peace:  Provided, 
That  each  township,  however  small,  shall  have  two  justices  of  the 
peace.  Justices  of  the  peace  shall  be  elected  for  the  term  of  two 
years,  and  shall  hold  their  offices  until  their  successors  are  elected 

7251— VOL  1—07 22 


302  Arkansas— 1864 

and  (qualified;  shall  he  commissioned  by  the  governor,  and  shall  reside 
in  the  township  for  which  they  are  elected  during  their  continuance 
in  office.  The  first  election  for  justices  of  the  peace  shall  take  place 
on  the  second  Monday  in  March,  one  thousand  eight  hundred  and 
sixty-four,  and  the  second  election  on  the  first  Monday  in  August, 
one  thousand  eight  hundred  and  sixty-six,  and  at  the  regular  elec- 
tions thereafter.  Justices  of  the  peace,  individually,  or  two  or  more 
of  them  jointl}',  shall  have  original  jurisdiction  in  cases  of  bastardy, 
and  in  all  matters  of  contract,  and  actions*  for  the  recovery  of  fines 
and  forfeiture  where  the  amount  claimed  does  not  exceed  two  hun- 
dred dollars,  and  concurrent  jurisdiction  with  circuit  courts  where 
the  amount  claimed  exceeds  one  hundred  dollars,  and  does  not  exceed 
two  hundred  dollars,  and  such  jurisdiction  as  may  be  provided  by 
law  in  actions  ex  delicto,  where  the  damages  claimed  do  not  exceed 
one  hundred  dollars,  and  prosecutions  for  assault  and  battery  and 
other  penal  offences  less  than  felony,  punishable  by  fine  only.  Every 
action  cognizable  before  a  justice  of  the  peace,  instituted  by  summons 
or  warrant,  shall  be  brought  before  some  justice  of  the  peace  of  the 
township  where  the  defendant  resides.  They  may  also  sit  as  exam- 
ining courts,  and  commit,  discharge,  or  recognize  any  person  charged 
with  any  crime  of  any  grade.  For  the  foregoing  purposes  they  shall 
have  power  to  issue  all  necessary  process.  They  shall  also  have 
power  to  bind,  to  keep  the  peace,  or  lor  good  behavior. 

Sec.  19.  The  qualified  voters  of  each  township  shall  elect  one  con- 
stable for  the  term  of  two  years,  who  shall  hold  his  office  till  his 
successor  is  elected  and  qualified,  who  shall,  during  his  continuance 
in  office,  reside  in  the  townshij)  for  which  he  was  elected.  Incorpo- 
rated towns  may  have  a  separate  constable  and  a  separate  magistracy, 
successor  is  elected  and  qualified,  who  shall,  during  his  continuance 
one  coroner,  and  one  county  surveyor,  for  the  term  of  two  years,  and 
until  their  successors  are  elected.  They  shall  be  commissioned  by  the 
governor,  reside  in  their  respective  counties  during  their  continuance 
in  office,  and  be  disqualified  for  the  office  a  second  term,  if  it  should 
appear  that  they  or  either  of  them  are  in  default  for  moneys  collected 
by  virtue  of  their  respective  offices. 

Article  VIII 

GENERAL   PROVISIONS EDUCATION 

Section  1.  Knowledge  and  learning  generally  diffused  throughout 
a  community,  being  essential  to  the  preservation  of  a  free  govern- 
ment, and  diffusing  the  opportunities  and  advantages  of  education 
through  the  various  parts  of  the  State,  being  highly  conducive  to 
this  end,  it  shall  be  the  duty  of  the  general  assenibly  to  provide  by 
law  for  the  improvement  of  such  lands  as  are  or  hereafter  may  be 
granted  by  the  United  States  to  this  State  for  the  use  of  schools,  and 
to  apply  any  funds  which  may  be  raised  from  such  lands,  or  from 
any  other  source,  to  the  accomplishment  of  the  object  for  which  they 
are  or  maj'  be  intended.  The  general  assembly  shall,  from  time  to 
time,  pass  such  laws  as  shall  be  calculated  to  encourage  intellectual, 
scientific  and  agricultural  improvement,  by  allowing  rewards  and 
immunities  for  the   promotion  and  improvement  of  arts,  science, 


Arkansas — 1864  303 

commerce,  manufactures,  and  natural  history,  and  countenance  and 
encourage  the  principles  of  humanity,  industry  and  morality. 

Sec.  2.  Treason  against  the  State  shall  consist  gnly  in  levying  war 
against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open 
court. 

Sec.  3.  No  person  who  denies  the  being  of  a  God  shall  hold  any 
office  in  the  civil  department  of  this  State,  nor  be  allowed  his  oath  in 
any  court. 

Sec.  4.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  an  appropriation  by  law^;  nor  shall  any  appropriation  of 
money  for  the  support  of  the  army  be  made  for  a  longer  term  than 
two  A^ears;  and  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published  with  the  pro- 
mulgation of  the  laws. 

Sec.  5.  Absence  on  business  of  this  State,  or  of  the  United  States, 
or  on  a  visit,  or  necessary  private  business,  shall  not  cause  a  forfeiture 
of  a  residence  once  obtained. 

Sec.  6.  No  lottery  shall  be  authorized  by  this  State,  nor  shall  the 
sale  of  lottery  tickets  be  allowed. 

Sec.  7.  Internal  improvement  shall  be  encouraged  by  the  govern- 
ment of  this  State ;  and  it  shall  be  the  duty  of  the  General  Assembly, 
as  soon  as  may  be,  to  make  provision  by  law  for  ascertaining  the 
proper  objects  of  improvement  in  relation  to  roads,  canals  and  navi- 
gable waters;  and  it  shall  also  be  their  duty  to  provide  by  law  for  an 
equal,  systematic  and  economical  application  or  the  funds  which  may 
be  appropriated  to  these  objects. 

Sec.  8.  Returns  for  all  elections  for  officers  who  are  to  be  commis- 
sioned by  the  Governor,  and  for  members  of  the  General  Assembly, 
shall  be  made  to  the  Secretary  of  State,  except  in  the  election  of 
eighteen  hundred  and  sixty-four,  they  may  be  made  as  directed  in 
the  schedule  appended  to  this  Constitution. 

Sec-  9.  Within  five  years  after  the  adoption  of  this  Constitution, 
the  laws,  civil  and  criminal,  shall  be  revised,  digested  and  arranged, 
and  promulgated  in  such  manner  as  the  General  Assembly  may  direct, 
and  a  like  revision,  digest  and  promulgation  shall  be  made  within 
every  subsequent  period  of  ten  years. 

Sec.  10.  In  the  event  of  the  annexation  of  any  territory  to  this 
State  by  a  cession  from  the  United  States,  laws  may  be  passed  extend- 
ing to  the  inhabitants  of  such  territory  all  the  rights  and  privileges 
which  may  be  required  by  the  terms  of  such  cession,  anything  in  this 
Constitution  to  the  contrary  notwithstanding. 

Sec.  11.  Imprisonment  for  debt  shall  not  be  allowed  in  this  State, 
except  when  an  allegation  of  fraud  on  the  part  of  the  debtor  shall 
be  clearly  proved. 

Sec.  12.  Any  person  who  shall,  after  the  adoption  of  this  Constitu- 
tion, fight  a  duel,  or  send  or  accept  a  challenge  for  that  purpose,  or 
be  aider  or  abettor  in  fighting  a  duel,  shall  be  deprived  of  the  right 
of  suffrage,  and  of  the  right  of  holding  any  office  of  honor  or  profit 
in  this  State,  and  shall  be  punished  otherwise  in  such  manner  as  is 
or  may  be  prescribed  by  law. 


304  Arkansas— 1864 

Akticle  IX 

REVENUE 

Section  1.  All  revenue  shall  bo  raised  by  taxation  to  Ikj  fixed  by 
law. 

Sec.  2.  All  property  subject  to  taxation  shall  l)e  taxed  according  to 
its  value,  that  value  to  be  ascertained  in  such  manner  as  the  General 
Assembly  shall  direct,  making  the  same  equal  and  uniform  through- 
out the  State.  No  one  species  of  property  from  which  a  tax  may  be 
collected  shall  be  taxed  higher  than  another  species  of  property  of 
equal  value:  Provided,  The  General  Assembly  shall  have  the  power 
to  tax  merchants,  hawkers,  peddlers  and  privileges,  in  such  manner 
as  may  from  time  to  time  be  prescribed  law:  And  provided  further, 
That  no  other  or  greater  amount  of  revenue  shall  at  any  time  be 
levied  than  required  for  the  necessary  expenses  of  the  government, 
unless  by  a  concurrence  of  two-thirds  of  both  Houses  of  the  General 
Assembly. 

Sec.  3.  No  poll-tax  shall  be  assessed  for  other  than  county  purposes. 

Sec.  4.  No  other  or  greater  tax  shall  be  levied  on  the  productions  or 
labor  of  the  country  than  may  be  required  for  expenses  of  inspection. 

Schedule 

Section  1.  In  order  that  civil  government  may  be  in  full  operation 
and  effect,  at  the  earliest  day  possible,  it  is  further  ordained  and  pro- 
vided that  a  general  vote  on  the  ratification  of  the  Constitution  and 
ordinance  of  this  convention,  and  a  general  election  shall  be  taken 
and  held  throughout  the  State,  as  far  as  practicable,  on  the  second 
Monday  of  March  next,  as  follows,  to  wit:  Any  number  of  persons, 
being  white  male  citizens  of  the  State,  over  the  age  of  twenty-one 
years,  at  the  countv  seat  of  any  county,  or  (in  case  of  volunteer  sol- 
diers in  the  Federal  Army)  at  the  camp  of  their  respective  companies, 
having  first  taken  the  oath  prescribed  in  the  President's  proclama- 
tion of  December  eight,  one  thousand  eight  hundred  and  sixty-three, 
before  any  justice  of  the  peace,  or  other  person  authorized  to  admin- 
ister an  oath  within  the  county  in  which  they  reside,  or  within  which 
they  are  encamped,  may  appoint  a  commissioner  of  elections,  with 
power  to  appoint  such  election  judges  as  may  be  necessary,  who  shall 
also  be  an  enrolling  officer  for  said  county  or  company,  who  shall 
proceed  as  follows,  to  wit:  Said  commissioners  shall  prepare  an  en- 
rolling and  poll  book,  to  which  shall  be  appended  the  constitution, 
ordinances  and  schedule  of  this  convention;  one  column  shall  then 
be  headed  with  the  oath  contained  in  said  proclamation  of  the  Presi- 
dent ;  another  column  headed  "  Constitution  and  ordinances  ratified ;  " 
another  column,  "  Constitution  and  ordinances  rejected ;  "  other  col- 
umns shall  be  arranged  so  that  a  vote  may  be  taken  for  all  officers  to 
be  voted  for  within  the  county  or  company  where  the  election  is  pro- 
posed to  be  held;  said  commissioner  shall  then  take  the  oath  afore- 
said, before  any  justice  of  the  peace  or  other  officer  authorized  to 
administer  oaths,  and  enroll  his  own  name  at  the  head  of  the  column, 
under  the  said  oath,  written  out  in  full ;  the  said  commissioner  shall 
then,  on  the  said  second  Monday  of  March  next,  within  usual  elec- 
tion hours,  proceed  to  hold  an  election,  as  follows:  viva  voce;  And 


Arkansas — 1864  305 

provided  also,  That  said  commissioner  may  keep  the  polls  open  for 
three  days,  to  wit :  Every  white  male  citizen  over  the  age  of  twenty- 
one  years,  of  the  county,  or  (in  case  of  a  military  company)  of  the 
State,  presenting  himself  to  vote,  and  not  being  included  in  the 
exceptions  contained  in  the  said  proclamation,  shall  take  the  oath 
contained  in  said  proclamation,  administered  by  any  justice  of  the 
peace,  or  other  officer  authorized  to  administer  oaths;  and  when  his 
name  has  been  thereafter  duly  enrolled  or  subscribed  in  the  proper 
column,  the  commissioner  shall  cause  his  vote  to  be  recorded,  first 
upon  the  question  of  the  constitution  and  ordinances,  and  then  in  the 
election  of  all  officers  to  be  voted  for. 

Sec.  2.  That  within  five  days  after  the  holding  of  said  election,  said 
commissioner  shall  foot  up  the  said  vote,  and  certify  the  result,  over 
his  signature,  as  commissioner;  he  shall  then  make  a  duijlicate  of 
said  book,  (except  that  the  constitution  and  ordinances  of  this  con- 
vention need  not  be  appended  to  the  copy,)  and  forward  the  said 
copy  to  Little  Rock,  addressed  to  the  provisional  government;  the 
original  book  shall  be  preserved  by  said  commissioner,  and  deposited 
by  him  as  soon  as  the  counties  are  organized,  with  the  clerk  of  the 
county  wherin  the  election  was  held,  or  (in  case  of  soldiers)  in  the 
county  wherein  the  voters  reside. 

Sec.  3.  Within  ten  days  after  the  receipt  of  the  said  enrolling  and 
election  return-books  by  the  provisional  governor,  it  shall  be  his  duty, 
with  the  assistance  of  the  secretary  of  state,  to  examine  the  same  and 
declare  the  result  by  proclamation  as  follows,  to  wit : 

1st.  Whether  the  constitution  and  ordinances  of  this  convention 
have  been  adopted  or  rejected  within  the  meaning  of  the  President's 
proclamation. 

2d.  He  shall  announce  the  whole  vote  polled  for  or  against  said 
constitution  and  ordinances. 

3d.  He  shall  declare  what  persons  are  elected  to  the  various  offices 
throughout  the  State,  except  that  of  governor  and  lieutenant-gov- 
ernor of  state,  deciding  the  result  by  plurality. 

Sec.  4.  All  persons  thus  declared  to  be  elected  State  officers,  shall 
enter  upon  the  discharge  of  their  respective  offices  as  soon  thereafter 
as  they  take  and  subscribe  an  oath  before  any  justice  of  the  peace,  or 
other  officer  authorized  to  administer  oaths,  as  follows:  That  they 
will  faithfully  perform  the  duties  of  their  respective  offices ;  that  they 
will  support  the  constitution  and  laws  of  the  State  and  of  the  United 
States;  and  said  oath,  in  case  of  State  officers,  shall  be  filed  in  the 
office  of  the  secretary  of  state;  and  in  case  of  county  officers,  they 
shall  enter  upon  the  duties  of  their  respective  offices  immediately  after 
the  election  upon  filing  said  oath  with  the  county  commissioners. 

Sec.  5.  At  the  first  session  of  the  legislature,  and  during  the  first 
week  of  the  session,  the  said  provisional  governor  shall  place  the  said 
return-books  before  that  body,  who  shall  declare  the  result  as  to  the 
election  of  governor  and  lieutenant-governor  and  secretarv  of  state, 
Avho,  before  entering  uopn  the  duties  of  their  respective  oifices,  shall 
take  the  oath  herein  jjrescribed  for  other  officers. 

Sec.  6.  It  is  also  further  ordained  and  declared,  that  in  counties 
wherein,  for  any  cause,  elections  are  not  held  on  the  said  second  Mon- 
day of  March  next,  the  same  may  be  held  for  the  several  local  officers 
provided  for  in  the  constitution,  ordinances  and  schedule  of  this  con- 


306  Arkansas— 1868 

vcntion,  in  the  same  manner  as  lioreinbefore  described,  at  any  time 
thereafter,  till  the  whole  State  is  fully  organized  and  represented. 

Sec.  7.  The  officers  to  he  voted  for  in  this  election,  are  governor, 
lieutenant-governor,  secretary  of  state,  auditor,  treasurer,  attorney- 
general,  three  judges  of  the  supreme  court,  nine  circuit  judges  and 
nine  district  attornevs,  (according  to  act  of  January  fifteenth,  one 
thousand  eight  hundred  and  sixty-one,)  county  judges,  clerks,  sher- 
iffs, coronors,  constables,  justices  of  the  j^ace,  and  all  other  officers 
provided  for  in  the  constitution  and  ordinances  of  this  convention,  or 
which  may  exist  by  law,  and  members  of  the  legislature,  according  to 
the  ratio  or  apportionment  of  senatorial  districts  in  force  in  the  jear 
one  thousand  eight  hundred  and  sixty,  and  members  to  Congress  in 
districts  Nos.  1  and  2,  according  to  the  act  approved  January  nine- 
teenth, one  thousand  eight  hundred  and  sixty-one,  (no  election  V>eing 
ordered  in  district  No.  3,  this  convention  recognizing  the  election  of 
Colonel  James  M.  Johnson  as  the  representative  from  that  district.) 
And  it  is  further  hereby  declared  that  all  laws  in  force  in  this  State 
on  the  fourth  day  of  March,  one  thousand  eight  hundred  and  sixty- 
one,  are  still  in  force,  not  inconsistent  with  the  provisions  of  this  con- 
stitution, and  which  have  not  expired  by  limitation  therein  contained. 

John  McCoy,  President. 

Attest : 

Robert  J.  T.  White,  Secretary. 
James  R.  Berry,  AssH  Secretary. 


CONSTITUTION  OF  ARKANSAS— 1868  *  " 

preamble 

We,  the  people  of  Arkansas,  grateful  to  God  for  our  civil  and 
religious  liberty,  and  desiring  to  perpetuate  its  blessings  and  secure 
the  same  to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution : 

Article  I 

BILL  OF   RIGHTS 

Section  1.  All  political  power  is  inherent  in  the  people.  Govern- 
ment is  instituted  for  the  protection,  security  and  benefit  of  the 
people,  and  they  have  the  right  to  alter  or  reform  the  same  whenever 
the  public  good  may  require  it.  But  the  paramount  allegiance  of 
every  citizen  is  due  to  the  Federal  Government  in  the  exercise  of  all 
its  constitutional  powers  as  the  same  may  have  been  or  may  be 
defined  by  the  Supreme  Court  of  the  United  States,  and  no  power 
exists  in  the  people  of  this  or  any  other  State  of  the  Federal  IJnion 
to  dissolve  their  connection  therewith,  or  perform  any  act  tending  to 
impair,  subvert  or  resist  the  supreme  authority  of  the  United  States. 

*  Verified  from  Judge  U.  M.  Rose's  edition  of  the  Constitution  of  Arkansas, 
1836,  pp.  277-328. 

"A  constitutional  convention,  called  under  the  reconstruction  acts  of  Congress, 
met  at  Little  Rock,  .January  7,  1808,  and  adopted  this  constitution  on  the  11th 
of  I'ehruary  followiujr.  It  was  submltte<l  to  the  people,  and  ratified  by  27,913 
votes  against  20,597  votes. 


Arkansas — 1868  307 

The  Constitution  of  the  United  States  confers  full  powers  on  the 
Federal  Government  to  maintain  and  perpetuate  its  existence;  and 
whensoever  any  portion  of  the  States,  or  the  people  thereof,  attempt 
to  secede  from  the  Federal  Union,  or  forcibly  resist  the  execution  of 
its  laws,  the  Federal  Government  may,  by  warrant  of  the  Constitu- 
tion, employ  armed  force  in  compelling  obedience  to  its  authority. 

Sec.  2.  The  liberty  of  the  press  shall  forever  remain  inviolate. 
The  free  communication  of  thoughts  and  opinions  is  one  of  the  inval- 
uable rights  of  man,  and  all  persons  may  freely  speak,  write  and 
publish  their  sentiments  on  all  subjects,  being  responsible  for  the 
abuse  of  such  right.  In  all  criminal  prosecutions  for  libel,  the  truth 
may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear  to  the 
jury,  that  the  matter  charged  as  libellous  is  true,  and  was  published 
with  good  motives,  and  for  justifiable  ends,  the  party  shall  be 
acquitted. 

Sec.  3.  The  equality  of  all  persons  before  the  law  is  recognized  and 
shall  ever  remain  inviolate ;  nor  shall  any  citizen  ever  be  deprived  of 
any  right,  privilege,  or  immunity,  nor  exempted  from  any  burden  or 
duty,  on  account  of  race,  color,  or  previous  condition. 

Sec.  4.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together  for  their  common  good,  to  instruct  their  representatives  and 
to  petition  for  the  redress  or  grievances,  and  other  proper  purposes. 

Sec.  5.  The  citizens  of  this  State  shall  have  the  right  to  keep  and 
bear  arms  for  their  common  defence. 

Sec.  6.  The  right  of  trial  by  jury  shall  remain  inviolate  and  shall 
extend  to  all  cases  at  law  without  regard  to  the  amount  in  contro- 
versy; but  a  jury  trial  may  be  waived  by  the  parties  in  all  cases,  in 
the  manner  prescribed  by  law. 

Sec.  7.  Excessive  bail  shall  not  be  required,  nor  shall  excessive  fines 
be  imposed ;  nor  shall  cruel  or  unusual  punishments  be  inflicted ;  nor 
witnesses  be  unreasonably  detained. 

Sec.  8.  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial  by  an  impartial  jury  of  the  county 
or  judicial  district  w^herein  the  crime  shall  have  been  committed — 
which  county  or  district  shall  have  been  previously  ascertained  by 
law — and  to  be  informed  of  the  nature  and  cause  of  the  accusation 
against  him;  to  have  compulsory  process  for  obtaining  witnesses  in 
his  favor ;  and  to  have  the  assistance  of  counsel  in  his  defence. 

Sec.  9.  No  person  shall  be  held  to  answer  a  criminal  offence  unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases 
of  impeachment,  or  in  cases  of  petit  larceny,  assault,  assault  and 
battery,  affray,  vagrancy  and  such  other  minor  cases  as  the  general 
assembly  shall  make  cognizable  by  justices  of  the  peace;  or  arising 
in  the  Army  and  Navy  of  the  United  States,  or  in  the  militia  when 
in  actual  service  in  time  of  w^ar  or  public  danger;  and  no  person 
after  having  once  been  acquitted  by  a  jury,  for  the  same  offence,  shall 
be  again  put  in  jeopardy  of  life  or  liberty;  but  if,  in  any  criminal 
prosecution,  the  jury  be  divided  in  opinion,  the  court  before  which 
the  trial  shall  be  had  may  in  its  discretion  discharge  the  jury  and 
commit  or  bail  the  accused  for  trial  at  the  same  or  the  next  term  of 
said  court;  nor  shall  any  person  be  compelled  in  any  criminal  case 
to  be  a  witness  against  himself;  nor  be  deprived  of  life,  liberty  or 
property,  without  due  process  of  law.  All  persons  shall,  before  con- 
viction, be  bailable  by  sufficient  sureties,  except  for  capital  offences — 


308  Arkansas— 1868 

murder  and  treason-;-when  the  proof  is  evident  or  the  presumption 
great ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
|)ended  unless  when  in  cases  of  rebellion  or  invasion  the  public  safety 
may  require. 

Sec.  10.  P^very  person  is  entitled  to  a  eertain  remedy  in  the  laws 
for  all  injuries  or  wrongs  which  he  may  receive  in  his  person,  prop- 
erty or  character;  he  ought  to  obtain  justice  freely  and  without  pur- 
chase; completely  and  without  denial;  promptly  and  without  delay; 
conformably  to  the  laws. 

Sec.  11.  Treason  against  the  State  shall  only  consist  in  levying 
war  against  the  same,  or  in  adhering  to  its  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
oi)en  court. 

Sec.  12.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  warrant  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affimiation,  and  particularly  describing 
the  place  to  be  searched  and  the  person  or  things  to  be  seized. 

Sec.  13.  No  bill  of  attainder,  ex  post  facto  law^,  nor  any  law  impair- 
ing the  obligation  of  contracts,  shall  ever  be  passed ;  and  no  convic- 
tion shall  work  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  14.  No  person  shall  he  imprisoned  for  debt  in  this  State :  but 
this  shall  not  prevent  the  General  Assembly  from  providing  for 
imprisonment  or  holding  to  bail  persons  charged  with  fraud  in  con- 
tracting said  debt.  A  reasonable  amount  of  propertv  shall  be  exempt 
from  seizure  or  sale  for  the  payment  of  debts  or  liabilities. 

Sec.  15.  Private  property  shall  not  be  taken  for  public  use  without 
just  compensation  therefor. 

Sec.  K).  The  military  shall  be  subordinate  to  the  civil  power.  No 
standing  army  shall  be  kept  up  in  this  State  in  time  of  peace,  and  no 
soldier  shall  in  time  of  peace  be  quartered  in  any  house  without  the 
consent  of  the  owner,  nor  in  time  of  war  but  in  a  manner  prescribed 
by  law. 

Sec.  17.  Suits  may  be  brought  by  6t  against  the  State  in  such  man- 
ner and  in  such  courts  as  may  be  by  law  provided. 

Sec.  18.  The  General  Assembly  shall  not  grant  to  any  citizen  or 
class  of  citizens,  privileges  or  immunities  which,  upon  the  same  terms, 
shall  not  equally  belong  to  all  citizens. 

Sec.  19.  The  right  oi  suffrage  shall  be  protected  by  laws  regulat- 
ing elections  and  prohibiting,  under  adequate  penalties,  all  undue 
influence  from  bribery,  tumult,  or  other  improper  conduct. 

Sec.  20.  Foreigners  who  are,  or  may  become  hona-f.de  residents  of 
this  State,  shall  be  secured  the  same  rights  in  respect  to  the  acquisi- 
tion, possession,  enjoyment  and  descent  of  property  as  are  secured  to 
native-born  citizens. 

Sec.  21.  No  religious  test  or  amount  of  property  shall  ever  be 
required  as  a  qualification  for  any  office  of  public  trust  under  the 
State.  No  religious  test  or  amount  of  property  shall  ever  be  required 
as  a  qualification  of  any  voter  at  any  election  in  this  State;  nor  shall 
any  person  be  rendered  incompetent  to  give  evidence  in  any  court 
of  law  or  equity  in  consequence  of  his  opinion  upon  the  subject  of 
religion ;  and  the  mode  of  administering  an  oath  or  affirmation  shall 


Arkansas — 1868  309 

be  such  as  shall  be  most  consistent  with  and  binding  upon  the  con- 
science of  the  person  to  whom  such  oath  or  affirmation  may  be 
administered. 

Sec.  22.  Any  person  who  shall,  after  the  adoption  of  this  Consti- 
tution, fight  a  duel  or  send  or  accept  a  challenge  for  that  purpose,  or 
be  aider  or  abettor  in  fighting  a  duel,  either  within  this  State  or  else- 
where, shall  thereby  be  deprived  of  the  right  of  holding  any  office 
of  honor  or  profit  in  this  State,  and  shall  be  forever  disqualified 
from  voting  at  any  election,  and  shall  be  punished  otherwise  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  23.  Religion,  morality  and  knowledge  being  essential  to  good 
government,  the  General  Assembly  shall  pass  suitable  laws  to  pro- 
tect every  religious  denomination  in  the  peaceable  enjoyment  oi  its 
own  mode  of  public  worship ;  and  to  encourage  schools  and  the  means 
of  instruction. 

Sec.  24.  All  lands  in  this  State  are  declared  to  be  allodial,  and 
feudal  tenures  of  every  description,  with  all  their  incidents,  are  pro- 
hibited. Leases  and  grants  of  land  for  a  longer  period  than  twenty- 
one  years,  hereafter  made,  in  which  shall  be  reserved  any  rent  or 
service  of  any  kind,  shall  be  held  a  conveyance  in  fee  to  the  lessee. 

Sec.  25.  The  action  of  the  convention  of  the  State  of  Arkansas, 
which  assembled  in  the  city  of  Little  Rock  on  the  fourth  day  of 
March,  A.  D.  one  thousand  eight  hundred  and  sixty  one,  was,  and  is 
null  and  void.  All  the  action  of  the  State  of  Arkansas  under  the 
authority  of  said  convention,  of  its  ordinances  or  its  Constitution, 
whether  legislative,  executive,  judicial  or  military,  was,  and  is  hereby 
declared  null  and  void;  and  no  debt  or  liability  of  the  State  of 
Arkansas  incurred  by  the  action  of  said  convention,  or  of  the  General 
Assembly,  or  any  department  of  the  government  under  the  authority 
of  either,  shall  ever  be  recognized  as  obligatory :  Provided,  That  this 
ordinance  shall  not  be  so  construed  as  to  affect  the  rights  of  private 
individuals  arising  under  contracts  between  the  parties,  or  to  change 
county  boundaries  or  county  seats,  or  to  make  invalid  the  acts  of 
justices  of  the  peace,  or  other  officers  in  their  authority  to  administer 
oaths  or  take  and  certify  the  acknowledgment  of  deeds  of  conveyance, 
or  other  instruments  of  writing,  or  in  the  solemnization  of  marriage. 

Article  II 

BOUNDARIES 

We  do  declare  and  establish,  ratify  and  confirm,  the  following  as 
the  permanent  boundaries  of  said  State  of  Arkansas,  that  is  to  say: 
Beginning  at  the  middle  of  the  main  channel  of  the  Mississippi 
River,  on  the  parallel  of  36°  north  latitude;  running  from  thence 
west,  with  the  said  parallel  of  latitude,  to  the  Saint  Francis  River; 
thence  up  the  middle  of  the  main  channel  of  said  river  to  the  parallel 
of  36°  30'  north;  from  thence  west  with  the  boundary-line  of  the 
State  of  Missouri  to  the  southwest  corner  of  that  State;  and  thence 
to  be  bounded  on  the  west  to  the  north  bank  of  Red  River  as  by  acts 
of  Congress  and  treaties  heretofore  defining  the  western  limits  of  the 
'Territory  of  Arkansas ;  and  to  be  bounded  on  the  south  side  of  Red 
River  by  the  boundarv-line  of  the  State  of  Texas,  to  the  northwest 


310  Arkansas— 1868 

corner  of  the  State  of  Iy>nisiana;  thence  east  with  the  Louisiana 
State  line  to  the  middle  of  the  main  channel  of  the  Mississippi 
River;  thence  up  the  middle  of  the  main  channel  of  said  river,  in- 
cluding an  island  in  said  river  known  as  "  Belle  Point  Island  "  to 
the  36°  of  north  latitude — the  place  of  beginning. 

Article  III 

The  seat  of  government  shall  he  at  I^ittle  Rock,  where  it  is  now- 
established. 

Article  IV 

Section  1.  The  powers  of  government  are  divided  into  three 
departnjents — the  legislative,  the  executive,  and  the  judicial. 

bEC.  2.  No  person  belonging  to  one  department  shall  exercise  the 
powers  properlv  belonging  to  another,  excepting  in  the  cases  expressly 
provided  in  this  constitution. 

Article  V 

Section  1.  The  legislative  power  in  this  State  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a  senate  and  a  house  of  rep- 
resentatives. 

Sec.  2.  The  general  assembly  shall  meet  every  two  years,  on  the 
first  Monday  oi  JanuaiT,  at  the  seat  of  government,  until  altered  by 
law ;  but  the  first  general  assembly  elected  after  the  adoption  of  this 
constitution  shall  meet  on  the  second  (2d)  day  of  April,  A.  D.  one 
thousand  eight  hundred  and  sixty-eight,  (ISOS.) 

Sec.  3.  The  house  of  representatives  shall  consist  of  members 
chosen  every  second  year  by  the  qualified  electors  of  the  several  dis- 
tricts. 

Sec.  4.  No  person  shall  be  a  member  of  the  house  of  representatives 
who  shall  not  have  attained  the  age  of  twenty-one  years,  and  have 
been  one  year  a  resident  of  this  State,  who  shall  not  be  a  male  citizen 
of  the  United  States,  who  shall  not,  at  the  time  of  his  election,  have 
an  actual  residence  in  the  district  he  may  be  chosen  to  represent,  and 
who  shall  not  be  a  qualified  elector  as  provided  in  this  constitution. 

Sec.  5.  The  senate  shall  consist  of  membei's  chosen  every  fourth 
year  by  the  qualified  electors  of  the  several  districts. 

Sec.  G.  No  person  shall  be  a  member  of  the  senate  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  have  been  one  year  a 
resident  of  this  State,  who  shall  not  he  a  male  citizen  of  the  United 
States,  who  shall  not,  at  the  time  of  his  election,  have  an  actual  resi- 
dence in  the  district  he  may  be  chosen  to  represent,  and  who  shall  not 
be  a  qualified  elector  as  provided  in  this  constitution. 

Sec.  7.  The  number  of  members  composing  the  senate  shall  be 
twenty-six,  (26,)  and  of  the  house  of  representatives  eighty -two,  (82.) 

Sec.  8.  The  general  assembly  shall  provide  by  law  for  an  enumera- 
tion of  the  inhabitants  of  this  State  in  the  year  one  thousand  eight 
hundred  and  seventy-five,  (1875,)  and  every  tenth  year  thereafter; 
and  the  first  general  assembly  elected  after  each  enumeration  so  made," 
and  also  after  each  enumeration  made  by  the  authority  of  the  United 


Arkansas— 1868     *  311 

States,  may  re-arrange  the  senatorial  and  representative  districts 
according  to  the  number  of  inhabitants  as  ascertained  by  such  enumer- 
ation: Provided,  That  there  shall  be  no  apportionment  other  than 
that  made  in  this  constitution,  until  after  the  enumeration  to  be  made 
in  the  vear  one  thousand  eight  hundred  and  seventy-five,  (1875.) 

Sec.  9.  Senators  shall  be  chosen  at  the  same  time  and  in  the  same 
manner  that  members  of  the  house  of  representatives  are  required  to 
be.  Senatorial  districts  shall  be  composed  of  convenient  contiguous 
territory,  and  no  representative  district  shall  be  divided  in  the  forma- 
tion of  a  senatorial  one.  The  senatorial  district  shall  be  numbered 
in  regular  series,  and  the  term  of  senators  chosen  for  the  districts 
designated  by  odd  numbers  shall  expire  in  two  (2)  years,  and  the 
term  of  senators  chosen  for  the  districts  designated  by  even  numbers 
shall  expire  in  four  (4)  years;  but  thereafter  senators  shall  be  chosen 
for  the  term  of  four  years,  excepting  when  an  enumeration  of  the 
inhabitants  of  the  State  is  made,  in  which  case,  if  a  re-arrangement 
of  the  senatorial  districts  is  made,  then  the  regulation  above  stated 
shall  govern  the  term  of  office. 

Sec.  10.  Removals  of  seiiators  and  representatives  from  their 
respective  districts  shall  be  deemed  a  vacation  of  their  office. 

Sec.  11.  Xo  person  holding  any  office  under  the  United  States,  or 
this  State,  or  any  county  office,  excepting  postmasters,  notaries  public, 
officers  of  the  militia,  and  township  officers,  shall  be  eligible  to,  or 
have  a  seat  in  either  branch  of  the  General  Assembl}^,  and  all  votes 
given  for  any  such  person  shall  be  void. 

Sec.  12.  Senators  and  representatives  shall,  in  all  cases,  (treason, 
felony,  or  breach  of  the  peace  excepted,)  be  privileged  from  arrest 
during  the  session  of  the  general  assembly;  they  shall  not  be  sub- 
jected to  any  civil  process  during  the  session  of  the  general  assem- 
bly, or  for  fifteen  days  next  before  the  commencement,  and  next  after 
the  termination  of  each  session  and  they  shall  not  be  questioned  in 
any  other  place  for  remarks  made  in  either  house. 

Sec.  13.  A  majority  of  the  members  of  each  House  shall  constitute 
a  quorum  to  transact  business,  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  members  in 
such  manner,  and  under  such  penalties,  as  each  house  may  prescribe. 

Sec.  14.  Each  house  shall  choose  its  own  officers,  determine  the 
rules  of  its  proceedings,  judge  of  the  qualifications,  election  and 
return  of  its  members;  and  msij,  with  the  concurrence  of  two-thirds 
of  all  the  members  elected,  expel  a  member;  but  no  member  shall  be 
expelled  a  second  time  for  the  same  cause,  nor  for  any  cause  known  to 
his  constituents  at  the  time  of  his  election.  The  reasons  for  any 
such  expulsion  shall  be  entered  upon  the  journal,  with  the  names  of 
the  members  voting  thereon. 

Sec.  15,  The  General  Assembly  shall  prescribe  by  law  the  manner 
in  which  the  State  printing  shall  be  executed,  and  the  accounts  ren- 
dered therefor,  and  shall  prohibit  all  charges  for  constructive  labor. 
They  shall  not  rescind  or  alter  any  contract  for  such  printing,  or 
release  the  person  or  persons  taking  the  same,  or  his  or  their  securi- 
ties, from  the  performance  of  any  of  the  provisions  of  said  contract. 

Sec.  16.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same,  excepting  such  parts  as  may  require  secrecy.  The 
yeas  and  nays  of  the  members  of  either  house,  upon  any  question, 


312  Arkansas— 1868 

shall  be  entered  on  the  journal  at  the  request  of  five  members.  An}' 
member  of  either  house  may  dissent,  and  protest  against  any  act,  pro- 
ceedinc:  or  resolution  which  he  may  deem  injurious  to  any  person  or 
the  public,  and  have  the  reason  of  his  dissent  entered  on  the  journal. 

Sec.  17.  In  all  elections  by  either  house,  or  in  joint  convention, 
the  votes  shall  Ix^  given  riva  roce.  All  votes  on  nominations  to  the 
senate  shall  be  taken  by  yeas  and  nays,  and  published  with  the  jour- 
nal of  its  proceedings. 

Sec.  18.  The  doors  of  each  house  shall  be  open,  unless  the  public 
welfare  requires  secrecy.  Neither  house  shall,  without  the  consent  of 
the  other,  adjourn  for  .more  than  three  days,  nor  to  any  other  place 
than  where  the  general  assembly  may  then  be  in  session. 

Sec.  10.  Bill  may  originate  in  either  House  of  the  General  Assem- 
bly, but  all  bills  for  raising  revenue  shall  originate  in  the  House  of 
Rejiresentatives,  though  the  Senate  may  propose  amendments  as  on 
other  bills. 

Sec.  20.  No  portion  of  the  public  funds  or  property  shall  ever  be 
appropriated  by  virtue  of  any  resolution.  No  appropriation  shall  be 
made  except  by  a  bill  duly  passed  for  that  purpose. 

Sec.  21.  Every  bill  and  joint  resolution  shall  be  read  three  times,  on 
different  days,  in  each  house,  before  the  final  passage  thereof,  unless 
two-thirds  of  the  house  where  the  same  is  pending  shall  dispense  with 
the  rules.  No  bill  or  joint  resolution  shall  become  a  law  without  the 
concurrence  of  a  majority  of  all  the  members  voting.  On  the  final 
passage  of  all  bills  the  vote  shall  be  taken  by  yeas  and  nays,  and 
entered  on  the  journal. 

Sec.  22.  No  act  shall  embrace  more  than  one  subject,  which  shall  be 
embraced  in  its  title.  No  public  act  shall  take  effect  or  be  in  force 
until  ninety  days  from  the  expiration  of  the  session  at  which  the  same 
is  passed,  unless  it  is  otherwise  provided  in  the  act. 

Sec.  23.  No  law  shall  be  revised,  altered  or  amended,  by  reference 
to  its  title  onh%  but  the  act  revised,  and  the  section  or  sections  of  the 
act  as  altered  or  amended  shall  be  enacted  and  published  at  length. 

Sec.  24.  No  ncM-  bill  shall  be  introduced  into  either  house  during 
the  last  three  days  of  the  session  without  the  unanimous  consent  of 
the  house  in  which  it  originated. 

Sec.  25.  The  general  assembly,  at  its  first  session,  shall  provide 
suitable  laws  for  the  registration  of  qualified  electors,  and  for  the 
prevention  of  frauds  in  elections. 

Sec.  20.  The  general  assembly  shall  provide  for  the  speedy  publi- 
cation of  all  statute  laws  of  a  public  nature,  and  of  such  judicial 
decisions  as  it  may  deem  expedient.  All  laws  and  judicial  decisions 
shall  be  free  for  publication  by  anv  person. 

Sec.  27.  The  style  of  the  laws  o^  the  State  shall  be,  "5e  it  enacted 
by  the  general  assembly  of  the  State  of  Arkansa-'*.'''' 

Sec.  28.  The  general  assembly  may  enact  laws  providing  for 
county,  township  or  precinct  governments. 

Sec.  29.  It  shall  be  the  duty  of  the  general  assembly,  from  time  to 
time,  as  circumstances  may  require,  to  frame  and  adopt  a  penal  code, 
founded  on  principles  of  reformation. 

Sec.  30.  The  general  assembly  shall  not  change  the  venue  in  any 
criminal  or  penal  prosecution,  but  shall  provide  for  the  same  by 
general  laws. 


Arkansas — 1868  313 

Sec.  31.  The  general  assembly  may  pass  laws  authorizing  appeals 
in  criminal  or  penal  cases,  and  regulating  the  right  of  challenge  of 
jurors  therein. 

Sec.  32.  The  general  assembly  shall  direct  by  law  when  and  how 
juries  shall  be  selected  from  judicial  districts  in  criminal  and  civil 
cases. 

Sec.  33.  The  general  assembly  shall  regulate  by  law  by  whom  and 
in  what  manner,  writs  of  election  shall  be  issued  to  fill  the  vacancies 
wli-ich  may  happen  in  either  branch  thereof. 

Sec.  34.  The  general  assembly  may  declare  the  cases  in  which  any 
office  shall  be  deemed  vacant,  and  also  for  the  manner  of  filling  the 
vacancy,  where  no  provision  is  made  for  that  purpose  in  this 
constitution. 

Sec.  35.  Every  bill  and  concurrent  resolution,  except  of  adjourn- 
ment, passed  by  the  general  assembly,  shall  be  presented  to  the  gov- 
ernor for  approval  before  it  becomes  a  laAV.  Ii  he  approve,  he  shall 
sign  it;  if  not,  he  shall  return  it  with  his  objections  to  the  house  in 
which  it  originated,  which  shall  enter  the  objections  at  large  upon 
its  journal,  and  reconsider  it.  On  such  reconsideration,  if  a 
majority  of  the  members  elected  agree  to  pass  the  bill,  it  shall  be 
sent  with  the  objections  to  the  other  house,  by  which  it  shall  be  recon- 
sidered. If  approved  by  a  majority  of  the  members  elected  to  that 
house,  it  shall  become  a  law.  In  such  cases  the  vote  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  and  against  the  bill  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  be  not  returned  by  the  governor 
within  three  (3)  days  (Sunday  excepted)  after  it  has  been  pre- 
sented to  him,  the  same  shall  become  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly,  by  their  adjournment,  pre- 
vent its  return,  in  which  case  it  shall  not  become  a  law.  The  gov- 
ernor may  approve,  sign  and  file  in  the  office  of  the  secretary  of  state, 
within  three  days  after  the  adjournment  of  the  General  Assembly, 
any  act  passed  during  the  last  three  (3)  days  of  the  session,. and  the 
same  shall  become  a  law. 

Sec.  36.  Each  house  may  punish  by  imprisonment,  during  its  ses- 
sion, any  person  not  a  member,  who  shall  be  guilty  of  any  disorderly 
or  contemptuous  behavior  in  their  presence;  but  no  such  imprison- 
ment shall  at  any  time  exceed  twenty-four  (24)  hours. 

Sec.  37.  No  citizen  of  this  State  shall  be  disfranchised,  or  deprived 
of  any  of  the  rights  or  privileges  secured  to  any  citizen  thereof,  unless 
the  same  is  done  bv  the  law  of  the  land,  or  the  judgment  of  his  peers, 
except  as  hereinafter  provided.  There  shall  be  neither  slavery  nor 
involuntary  servitude,  either  by  indentures,  appenticeships  or  other- 
wise, in  the  State,  except  for  the  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted. 

Sec.  38.  The  General  Assembly  shall  have  no  power  to  make  comi- 
pensation  for  emancipated  slaves. 

Sec.  39.  The  General  Assembly  shall  have  no  power  to  grant 
divorces,  to  change  the  names  of  individuals,  or  to  direct  the  sale 
of  estates  belonging  to  infants  or  other  persons  laboring  under  legal 
disabilities,  by  special  legislation;  but,  by  general  laws,  shall  confer 
such  powers  on  the  courts  of  justice. 

Sec.  40.  The  general  assembly  shall  not  authorize,  by  private  or 


314  Arkansas— 1868 

special  law,  the  sale  or  conveyance  of  any  real  estate  belonging  to 
any  person,  or  vacate  or  alter  any  road  laici  out  by  legal  authority,  or 
any  street  in  any  city  or  village,  or  in  any  recorded  town-plat;  but 
shall  provide  for  the  same  by  general  laws. 

Sec.  41.  The  general  assembly  shall  not  authorize  any  lottery,  and 
shall  prohibit  the  sale  of  lottery  tickets. 

Sec.  42.  In  case  of  a  contested  election,  only  the  claimant  decided 
entitled  to  the  seat,  in  either  house  in  which  the  contest  may  take 
place,  shall  receive  from  the  State  per  diem  compensation  and  mile- 
age. 

Sec.  43.  No  collector,  holder,  or  disburser  of  public  moneys  shall 
have  a  seat  in  the  general  assembly,  or  be  eligible  to  any  office  of  trust 
or  profit  under  this  State,  until  he  shall  have  accounted  for,  and  paid 
over,  as  provided  by  law,  all  sums  for  which  he  is  liable. 

Sec.  44.  The  General  Assemblv  shall  have  power  to  alter  and  regu- 
late the  jurisdiction  and  proceedings  in  law  and  equity,  subject  to  the 
provisions  of  this  constitution. 

Sec.  45.  The  general  assembly  shall  direct  by  law  in  what  manner 
and  in  what  courts  suits  may  be  brought  by  and  against  the  State. 

Sec.  46.  It  shall  be  the  duty  of  the  general  assembly  to  make  ade- 
quate provision  for  the  maintenance  of  paupers  throughout  the  State. 

Sec.  47.  The  general  assembly  shall  not  have  j^ower  to  authorize 
any  municipal  corporation  to  pass  any  laws  contrary  to  the  general 
laws  of  the  State,  or  to  levy  any  tax  on  real  or  personal  property  to 
a  greater  extent  than  two  (2)  per  centum  of  the  assessed  value  of  the 
same. 

Sec.  48.  The  general  assembly  shall  pass  no  special  act  conferring 
corporate  powers.  Corporations  may  be  formed  under  general  laws; 
but  all  such  laws  may,  from  time  to  time,  be  altered  or  repealed. 
Dues  from  corporations  shall  be  secured  by  such  individual  liability 
of  the  stockholders,  and  other  means,  as  may  be  prescribed  by  law; 
but,  in  all  cases,  each  stockholder  shall  be  liable  over  and  above  the 
stock  by  him  or  her  owned,  and  any  amount  unpaid  thereon,  to  a 
further  sum,  at  least  equal  in  amount  to  such  stock.  The  property  of 
corporations,  now  existing  or  hereafter  created,  shall  forever  be  sub- 
ject to  taxation,  the  same  as  the  property  of  individuals.  No  ri^ht  of 
way  shall  be  appropriated  to  the  use  of  any  corporation  until  full 
compensation  therefor  shall  be  first  made  in  money,  or  first  secured 
by  a  deposit  of  money,  to  the  owner,  irrespective  of  any  benefit  from 
any  improvement  proposed  by  such  corporation ;  which  compensation 
shall  be  ascertained  by  a  jury  of  twelve  men  in  a  court  of  record,  as 
shall  be  prescribed  by  law. 

Sec.  49.  The  general  assembly  shall  provide  for  the  organization  of 
cities  and  incorporated  villages  by  general  laws,  and  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts, 
and  loaning  their  credit,  so  as  to  prevent  the  abuse  of  such  power. 

Sec.  50.  All  corporations  with  oanking  and  discounting  privileges, 
shall,  preparatory  to  issuing  bills  as  currency,  deposit  the  bonds  oi 
this  State,  equal  in  amount  to  the  capital  stock  of  such  corporation, 
with  the  auditor  of  the  State,  who  shall  not  permit  an  issue  of  circu- 
lation exceeding  eighty  per  centum  of  the  amount  of  bonds  so  depos- 
ited, such  circulation  bein^  receivable  for  all  taxes  and  dues  to  the 
State,  and  the  individual  liability  of  stockholders  shall  be  as  herein- 


Arkansas — 1868  315 

before  directed:  Provided,  That  corporations  chartered  or  existing 
under  any  act  of  the  Congress  of  the  United  States  shall  be  exempted 
from  these  provisions. 

Sec.  51.  The  (General  Assembly,  on  the  day  of  final  adjournment, 
shall  adjourn  at  twelve  o'clock  at  noon. 

Article  VI 

EXECUTIVE  DEPARTMENT 

Section  1.  The  executive  department  of  this  State  shall  consist  of 
a  governor,  lieutenant-governor,  secretary  of  state,  auditor,  treasurer, 
attorney-general  and  superintendent  of  public  instruction — all  of 
whom  shall  hold  their  several  offices  for  the  term  of  four  years  and 
until  their  successors  are  elected  and  qualified.  They  shall  be  chosen 
by  the  qualified  electors  of  this  State  at  the  time  and  places  of  choos- 
ing the  members  of  the  General  Assembly. 

Sec.  2.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  the  governor. 

Sec,  3.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieu- 
tenant-governor who  shall  not  have  attained  the  age  of  twenty-five 
years,  who  shall  not  have  been  five  years  a  citizen  of  the  United 
States,  who  shall  not,  at  the  time  of  his  election,  have  had  an  actual 
residence  in  this  State  for  one  year  next  preceding  his  election,  and 
who  shall  not  be  a  qualified  elector  as  prescribed  in  this  constitution. 

Sec.  4.  In  elections  for  governor  and  lieutenant-governor,  the  per- 
son having  the  highest  number  of  votes  shall  be  declared  elected.  But 
in  case  that  two  or  more  persons  shall  have  an  equal,  and  the  highest 
number  of  votes  for  governor  or  lieutenant-governor,  the  General  As- 
sembly shall,  by  joint  vote,  choose  one  of  such  persons.  The  governor 
shall  be  commander-in-chief  of  the  military  and  naval  forces  of  the 
State,  and  may  call  out  such  forces  to  execute  the  laws,  suppress 
insurrections,  repel  invasions,  or  preserve  the  public  peace.  He  shall 
transact  all  necessary  business  with  other  officers  of  the  State  govern- 
ment, and  may  require  information  in  writing  of  the  officers  of  the 
executive  department  upon  any  subject  pertaining  to  the  duties  of 
their  respective  offices. 

Sec.  5.  It  shall  be  the  duty  of  the  governor  to  see  that  the  laws  are 
faithfully  executed. 

Sec.  6.  He  may  convene  the  legislature  on  extraordinary  occasions. 

Sec.  7.  He  shall  give  to  the  General  Assembly,  and  at  the  close  of 
his  official  term,  to  the  next  General  Assembly  information  by  mes- 
sage, concerning  the  condition  of  the  State,  and  recommend  such 
means  to  their  consideration  as  he  may  deem  expedient. 

Sec.  8.  He  may  convene  the  General  Assembly  at  some  other  place 
when  the  seat  of  governm.ent  becomes  dangerous  from  the  prevalence 
of  disease,  or  the  presence  of  a  common  enemy. 

Sec.  9.  He  may  grant  reprieves,  pardons  and  commutations  after 
conviction  for  all  offences,  except  treason  and  cases  of  impeachment, 
upon  such  conditions  and  wnth  such  restrictions  and  limitations  as  he 
may  think  proper;  subject,  however,  to  such  regulations  as  may  be 
prescribed  by  law  relative  to  the  manner  of  applying  for  par- 
dons.   Upon  conviction  for  treason  he  may  suspend  execution  of  the 


316  Arkansas— 1868 

sentence  until  the  matter  shall  be  reported  to  the  General  Assembly 
at  its  next  session,  when  the  General  Assembly  shall  either  pardon, 
commute  the  sentence,  direct  the  execution  of  the  same  or  grant  a 
further  reprieve.  The  governor  shall  communicate  to  the  General 
Assembly  at  each  session,  information  concerning  each  case  of  par- 
don, reprieve  or  commutation  granted,  and  the  reasons  therefor. 

Sec.  10.  In  case  of  the  impeachment  of  the  governor,  his  removal 
from  office,  death,  resignation,  inability  or  removal  from  the  State, 
the  powers  and  duties  of  the  Governor  shall  devolve  upon  the  Lieuten- 
ant-Governor during  the  residue  of  the  term,  or  until  the  disabilities 
of  the  Governor  are  removed. 

Sec.  11.  During  a  vacancy  in  the  office  of  governor,  if  the  lieuten- 
ant-governor resign,  be  impeached,  displaced,  absent  from  the  State 
or  incapable  of  acting,  the  president  pro  tempore  of  the  senate,  shall 
act  as  governor  until  the  vacancy  be  filled  or  the  disability  cease. 

Sec.  12.  The  lieutenant-governor  shall  by  virtue  of  his  office,  be 
President  of  the  Senate,  and  when  there  is  an  equal  division  he  shall 
give  the  casting  vote. 

Sec.  13.  No  member  of  Congress  or  any  person  holding  any  office 
under  the  United  States  or  this  State,  shall  execute  the  office  of 
governor. 

Sec.  14.  The  lieutenant-governor,  and  the  president  of  the  Senate 
pro  tempore,  while  performing  the  office  of  governor,  shall  receive 
the  same  compensation  as  the  Governor. 

Sec.  15.  All  official  acts  of  the  Governor — his  approval  of  the  laws 
excepted — shall  be  authenticated  by  the  great  seal  of  the  State,  which 
seal  shall  be  kept  by  the  Secretary  of  State. 

Sec.  16.  The  governor  shall,  by  and  with  the  advice  and  consent  of 
the  Senate,  appoint  a  convenient  number  of  notaries  public,  not  to 
exceed  six  for  each  county,  who  shall  discharge  such  duties  as  are  now 
or  as  may  hereafter  be  prescribed  by  law. 

Sec.  17.  All  commissions  issued  to  persons  holding  office  under  the 
provisions  of  this  constitution  shall  he  in  the  name,  and  by  the 
authority  of  the  people  of  the  State  of  Arkansas,  sealed  with  the 
great  seal  of  the  State,  signed  by  the  governor  and  countersigned  by 
the  secretary  of  state. 

Sec.  18.  The  governor,  chief  justice,  secretary  of  state,  treasurer, 
auditor,  attorney-general  and  superintendent  of  public  instruction, 
shall  severally  reside  and  keep  all  public  records,  books,  papers  and 
documents  which  may  pertain  to  their  respective  offices,  at  the  seat 
of  government. 

Sec.  19.  The  returns  of  every  election  for  Governor,  Lieutenant- 
Governor,  Secretary  of  State,  treasurer,  auditor,  attorney-general 
and  superintendent  of  public  instruction,  shall  be  sealed  up  and 
transmitted  to  the  seat  of  government  by  the  returning  officers  and 
directed  to  the  presiding  officer  of  the  senate,  who,  during  the  first 
week  of  the  session  shall  open  and  publish  the  same  in  presence  of 
the  members  then  assembled.  The  person  having  the  highest  num- 
ber of  votes  shall  be  declared  elected,  but  if  two  or  more  shall  have 
the  highest  and  equal  number  of  votes  for  the  same  office,  one  of 
them  shall  be  chosen  by  a  joint  vote  of  both  houses.  Contested 
elections  shall  likewise  be  determined  by  both  houses  of  the  general 
assembly  in  such  manner  as  is  or  may  hereafter  be  prescribed  by  law. 


Arkansas— 1868  317 

Sec.  20.  The  secretary  of  state  shall  keej)  a  fair  record  of  all  official 
acts  and  proceedings  of  the  governor,  and  shall,  when  required,  lay 
the  same  and  all  papers,  minutes  and  vouchers  relative  thereto, 
before  the  general  assembly,  and  shall  perform  such  other  duties  as 
are  now  or  may  hereafter  be  prescribed  by  law. 

Sec.  21.  The  auditor,  treasurer,  attorney-general,  and  superintend- 
ent of  public  instruction,  shall  perform  such  duties  as  are  now,  or 
may  hereafter  be  prescribed  by  law. 

Sec.  22.  In  case  of  the  death,  impeachment,  removal  from  the  State, 
or  other  disability  of  the  secretary  of  state,  treasurer,  auditor, 
attorney-general,  and  superintendent  of  public  instruction,  the  vacan- 
cies in  their  several  offices  thus  occasioned  shall  be  filled  by  appoint- 
ment of  the  governor;  which  appointment  shall  be  made  tor  the 
unexpired  terms  of  said  officers,  or  until  said  disabilities  are  removed, 
or  until  elections  are  held  to  fill  said  vacancies. 

Sec.  23.  Until  the  general  assembly  shall  otherwise  provide,  the 
Governor  shall  appoint  a  suitable  person,  who  shall  be  styled  com- 
missioner of  public  works  and  internal  improvements,  who  shall  hold 
his  office  during  the  term  of  four  years,  and  until  his  successor  is 
duly  commissioned  and  qualified.  It  shall  be  the  duty  of  the  com- 
missioner of  public  works  and  internal  improvements  to  superintend 
all  public  works  which  may  be  carried  on  by  the  State,  and  have  a 
supervising  control  over  all  internal  improvements  in  which  the 
State  is  interested,  and,  until  otherwise  provided  by  the  general 
assembly  he  shall  be  ej;  officio  commissioner  of  immigration  and  of 
State  lands,  and  shall  perform  such  other  duties  as  may  be  prescribed 
by  law.  He  shall  receive  for  his  services  the  same  salary  as  pro- 
vided by  law  for  the  auditor  of  the  State. 

Sec.  24.  The  officers  of  the  executive  department,  mentioned  in  this 
article,  shall,  at  stated  times,  receive  for  their  services  a  compensation- 
to  be  established  by  law,  which  shall  not  be  diminished  during  the 
period  for  which  they  shall  have  been  elected  or  appointed. 

Sec.  25.  The  officers  of  the  executive  department  and  judges  of  the 
supreme  court  shall  not  be  eligible,  during  the  period  for  which  they 
may  be  elected  or  appointed  to  their  respective  offices,  to  any  position 
in  the  gift  of  the  qualified  electors,  or  of  the  general  assembly  of  this 
State. 

Sec.  20.  The  returns  of  every  election  for  State,  county  and  judicial 
officers,  not  herein  provided  for  shall  be  sealed  up  and  transmitted  to 
the  seat  of  government  by  the  returning  officers,  and  directed  to  the 
secretary  of  state  who  shall  open  and  publish  the  same,  and  the  per- 
sons so  elected  shall  be  duly  conmiissioned  by  the  governor. 

Article  VII 

JUDICIARY 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  the 
senate  sitting  as  a  court  of  impeachment,  a  supreme  court,  circuit 
courts,  and  such  other  courts  inferior  to  the  supreme  court  as  the 
general  assembly  may  from  time  to  time  establish. 

Sec.  2.  The  house' of  representatives  shall  have  the  sole  power  of 
impeachment.     All  impeachments  shall  be  tried  by  the  senate.     When 

7251— VOL  1—07 23 


318  .  Arkansas— 1868 

sitting  for  that  purpose  the  senators  shall  be  upon  oath  or  affirmation, 
and  no  person  shall  be  convicted  without  the  concnrrence  of  two- 
thirds  or  the  niemlx'rs  thereof.  The  chief  justice  shall  preside,  and 
the  secretary  of  state  shall  act  as  clerk  of  this  court :  I* ro fided ,  That 
in  case  of  the  trial  of  either  of  them  the  jjerson  appointed  temporarily 
to  perform  the  duties  of  the  office  shall  act.  The  governor,  and  all 
other  civil  officers  under  this  State,  shall  be  liable  to  impeachment  for 
any  misconduct  or  maladministration  of  their  respective  offices;  but 
judgment  in  such  cases  shall  not  extend  further  than  to  removal 
from  office  and  disqualification  to  hold  any  office  of  lumor,  trust,  or 
profit,  under  this  State.  The  party,  whether  convicted  or  acquitted, 
shall  nevertheless  be  liable  to  indictment,  trial  and  judgment  accord- 
ing to  law. 

Skc.  3.  Two  terms  of  the  supreme  court  shall  be  held  at  the  seat  of 
government  annually:  Prorided,  That  the  general  assemblv  may  pro- 
vide by  law  for  holding  said  court  at  three  other  places.  The 
supreme  court  shall  consist  of  one  chief  justice,  Avho  shall  1k'  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  for  the  term  of  eiglit  years,  and  four  associate  justices,  who 
shall  l)e  chosen  by  the  qualified  electors  of  the  State  at  large  for  the 
term  of  eight  years:  Prodded,  That  two  of  the  associate  justices  first 
chosen  under  this  constitution  shall  serve  for  four  years  after  the 
next  general  election,  and  two  of  them  for  eight  years  after  said  elec- 
tion, said  times  to  be  determined  by  lot;  but  thereafter  the  associate 
justices  shall  be  chosen  for  the  full  term. 

Sec.  4.  The  supreme  court  shall  have  general  suj^ervision  and  con- 
trol over  all  inferior  courts  of  law  and  equity.  It  shall  have  power 
to  issue  writs  of  error,  supersedeas^  certiorari^  habeas  corpus^  man- 
damus^ quo  warranto^  and  other  remedial  writs,  and  to  hear  and  deter- 
mine the  same.  Final  judgments  in  the  inferior  courts  may  1k» 
brought  by  writ  of  error,  or  by  appeal,  into  the  supreme  court  in 
such  manner  as  may  be  prescribed  by  law. 

Sec.  5.  The  inferior  courts  of  the  State  as  now  constituted  by  law, 
except  as  hereinafter  provided,  shall  remain  with  the  same  jurisdic- 
tion as  they  now  j)ossess:  Provided^  That  the  general  assembl}'  may 
provide  for  the  establishment  of  such  inferior  courts,  changes  of 
jurisdiction,  or  abolition  of  existing  inferior  courts,  as  may  l)e  deemed 
requisite.  The  judges  of  the  inferior  courts  herein  provided  for,  or 
of  such  as  nuiy  hereafter  1h»  established  by  law,  shall  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the  senate, 
for  the  term  of  six  years,  and  until  such  time  as  the  General  Asseujbly 
may  otherwise  direct:  Provided,  That  the  General  Assembly  shall 
not  interfere  with  the  term  of  office  of  any  judge. 

Sec.  G.  All  writs  and  other  processes  shall  run  in  the  name  of  the 
State  of  Arkansas,  and  bear  teste  and  be  signed  by  the  clerks  of  the 
respective  courts  from  which  they  issue.  Indictments  shall  conclude 
*•  against  the  peace  and  dignity  of  the  State  of  Arkansas," 

Sec.  7.  No  judge  shall  preside  on  the  trial  of  any  cause  in  the  event 
of  which  he  may  l)e  interested,  or  where  either  of  the  iiarties  shall  be 
connected  with  him  by  affinity  or  consanguinity  within  such  degrees 
as  may  l>e  prescriU'd  by  law,  or  in  which  he  may  have  Ijeen  counsel, 
or  have  presided  in  any  inferior  court. 

Sec.  8.  In  case  all  or  anv  of  the  Judges  of  the  Supreme  Court  shall 
be  disqualified  from  presiding  on  any  cause  or  causes,  the  court  or 


Arkansas— 1868  319 

judges  thereof  shall  certify  the  same  to  the  Governor  of  the  State, 
and  he  shall  immediately  commission  specially  the  required  number 
of  men  learned  in  the  law,  for  the  trial  and  determination  thereof. 

Sec.  9.  Whenever,  at  ten  o'clock,  a.  m.,  of  the  second  day  of  any 
term  of  the  inferior  courts  of  this  State,  the  judge  thereof  is  not 
present,  or  if  present  and  he  cannot  for  any  cause  properly  preside  at 
the  trial  of  any  case  then  pending  therein,  the  attorneys  of  said  court 
then  present  may  elect  a  special  judge,  who  shall  preside  during  the 
trial  of  such  case  or  cases,  or  shall  hold  said  court  until  the  appear- 
ance of  the  regular  judge  thereof.  The  proceedings  in  such  cases 
shall  be  entered  at  large  upon  the  record. 

Sec.  10.  The  judges  of  the  inferior  courts  may  temporarily  ex- 
change circuits,  or  hold  courts  for  each  other  under  such  regulations 
as  may  be  prescribed  by  law. 

Sec.  11.  Judges  shall  not  charge  juries  with  regard  to  matters  of 
fact,  but  shall  declare  the  law.  In  all  trials  by  jury  the  judges  shall 
give  their  instructions  and  charges  in  Avriting;  and  if  the  trial  is  by 
the  court  he  shall  reduce  to  Avriting  his  findings  upon  the  facts  in  the 
case,  and  shall  declare  the  law  in  the  same  manner  he  is  required  to 
do  when  instructing  juries. 

Sec.  12.  Any  judge  whose  appointment  or  election  is  herein  pro- 
vided for,  shall  be  at  least  twenty-five  years  of  age,  a  qualified  elector 
of  this  State,  and  shall  have  been  for  one  year  an  actual  resident  of  the 
State,  and  shall  reside  in  the  circuit  or  district  to  which  he  may  be 
appointed  or  elected. 

Sec.  13.  The  Judges  of  the  Supreme  and  inferior  courts  shall,  at 
stated  times,  receive  a  compensation  for  their  services  as  is  now  or 
may  hereafter  be  provided  by  law,  and  which  shall  not  be  diminished 
during  the  respective  terms  for  which  they  may  be  elected  or 
appointed. 

Sec.  14.  The  inferior  courts  shall  hold  annually  such  terms  as  the 
General  Assembly  may  direct. 

Sec.  15.  All  appeals  from  inferior  courts  shall  be  taken  in  such 
manner  and  to  such  courts  as  may  be  provided  by  law.  Apjxjals  may 
be  taken  from  courts  of  justices  of  the  peace  to  such  courts  and  in 
such  manner  as  may  be  prescribed  by  law. 

Sec.  16.  When  a  vacancy  occurs  in  the  office  of  Judge  of  the  Su- 
preme, or  any  of  the  inferior  courts,  it  shall  be  filled  by  appointment 
of  the  Governor;  Avhich  appointee  shall  hold  his  office  the  residue  of 
the  unexpired  term,  and  until  his  successor  is  elected  and  qualified. 

Sec.  17.  The  Supreme  Court  and  such  other  courts  as  may  be  estab- 
lished by  law  shall  be  courts  of  record,  and  shall  each  have  a  common 
seal. 

Sec.  18.  The  Supreme  Court  shall  appoint  a  Clerk  of  such  court, 
and  also  a  Reporter  of  its  decisions.  The  decisions  of  the  Supreme 
Court  shall  be  in  writing  and  signed  by  the  judges  concurring  therein. 
Any  judge  dissenting  therefrom  shall  give  the  reasons  of  such  dissent 
in  writing,  over  his  signature;  all  such  decisions  shall  be  filed  in  the 
office  of  the  Clerk  of  the  Supreme  Court,  and  Ix^  published  in  such 
manner  as  the  General  Assembly  may  direct.  The  Cleilv  and  Re- 
porter shall  hold  their  respective  offices  for  the  term  of  six  years, 
subjex't  to  removal  by  the  court  for  cause. 

Sec.  19.  A  countv  Clerk  shall  be  elected  by  the  (lualitied  electors  m 
each  organized  county  in  this  State  for  the  term  of  four  years,  and 


320  Arkajisas— ISO'S 

shall  j)orform  siicli  duties  and  receive  such  fees  as  are  now  or  may 
hereafter  be  prescribed  by  law. 

Sec.  20.  In  each  township  in  this  State  there  shall  be.  elected  by  the 
qualified  electors  thereof  two  Justices  of  the  Peace,  who  shall  hold 
their  offices  for  the  term  of  four  years:  Proriiled^  That  in  such  town- 
shins  as  nuiy  contain  more  than  two  hinidred  qualified  electors,  an 
additional  justice  of  the  peace  nu»y  be  chosen.  Justices  of  the  peace 
shall  have  exclusive  orig^inal  jurisdiction  in  all  actions  of  contract  and 
replevin  where  the  amount  in  controversy  does  not  exceed  two  Inm- 
dred  dollars,  and  concurrent  jurisdiction  with  the  circuit  court  where 
the  amount  in  controversy  does  not  exceed  five  hundred  dollars.  In 
criminal  causes  the  jurisdiction  of  justices  of  the  peace  shall  extend 
to  all  mattei's  less  than  felony  for  final  determination  and  judirment. 

Sec.  21.  Any  suitor  in  any  court  in  this  State  shall  have  the  riijht 
to  prosecute  or  defend  his  suit  either  in  his  own  proper  pei"son  or  by 
attorney. 

Sec.  22.  In  the  courts  of  this  State  there  shall  l)e  no  exclusion  of 
any  witness  in  civil  actions  because  he  is  a  party  to,  or  is  interested 
in  the  issue  to  be  tried;  and  no  pei*son  convicted  of  infamous  crime 
shall  lx»  a  competent  Avitness  in  any  cause,  without  the  consent  of  l)oth 
jMirties  to  the  controversy:  Provided,  That  in  actions  by  or  ajrainst 
executors,  administrators  or  guardians,  in  which  judgment  may  Ik' 
rendered  for  or  against  them,  neither  party  shall  be  allowed  to  testify 
against  the  other  as  to  any  transactions  with,  or  statements  to,  the 
testator,  intestate  or  ward,  unless  called  to  testify  thereto  by  the 
opposite  party,  or  required  to  testify  thereto  by  the  court.  The 
judges  of  the  supreme  and  all  inferior  Courts  shall  be  conservators  of 
the  peace  throughout  their  respective  jurisdictions. 

Article  VIII « 

FRANCHISE 

Section  1.  In  all  elections  bv  the  people  the  electors  shall  vote  bv 
ballot. 

Sec.  2.  Every  male  ]:)erson  born  in  the  United  States,  and  every 
uuile  person  who  has  been  naturalized,  or  has  legally  declared  his 
intention  to  Ix'come  a  citizen  of  the  United  States,  who  is  twenty-one 
years  old  or  upward,  and  who  shall  have  resided  in  the  State  six 
months  next  i)receding  the  election,  and  who,  at  the  time,  is  an  actual 
resident  of  the  county  in  which  he  offers  to  vote,  except  as  hereinafter 
providetl,  shall  l)e  deemed  an  elector:  Provided,  No  soldier,  or  sailor, 
or  marine,  in  the  military  or  naval  service  of  the  United  States,  shall 
acquire  a  residence  by  reason  of  l)eing  stationed  on  duty  in  this  State. 

Sec.  8.  The  following  classes  shall  not  he  jjermitted  to  register,  or 
vote,  or  hold  oftice,  viz : 

1st.  Those  who  during  rel)ellion  took  the  oath  of  allegiance,  or  gave 
bonds  for  lovalty  and  g(M)d  behavior  to  the  United  States  (jovern- 
ment,  and  afterward  gave  aid,  comfort  or  countenance  to  those  en- 
gaged in  armed  hostility  to  the  Government  of  the  United  States, 
either  by  l)ecoming  a  soldier  in  the  relnd  army  or  by  entering  the 
lines  of  said  army,  or  adhering  in  any  way  to  the  cause  of  rebellion, 


".Vuieudeil  April  10,  1873. 


Arkansas — 1868  321 

or  by  accompanying  any  armed  force  belonging  to  the  rebel  army,  or 
by  furnishing  supplies  of  any  kind  to  the  same. 

'id.  Those  who  are  disqualified  as  electors,  or  from  holding  office 
in  the  State  or  States  from  which  they  came. 

3d.  Those  persons  who  during  the  late  rebellion  violated  the  rules 
of  civilized  warfare. 

4t]i.  Those  who  may  be  disqualified  by  the  proposed  amendment 
to  the  Constitution  of  the  United  States,  known  as  Article  XIV,  and 
those  who  have  been  disqualified  from  registering  to  vote  for  delegates 
to  the  convention  to  frame  a  constitution  for  the  State  of  Arkansas, 
nnder  the  act  of  Congi'ess  entitled  "An  act  to  provide  for  the  more 
efficient  government  of  the  rebel  States,"  passed  March  second,  one 
thousand  eight  hundred  and  sixty-seven,  and  the  acts  supplementary 
thereto. 

5th.  Those  who  shall  have  been  convicted  of  treason,  embezzlement 
of  public  funds,  malfeasance  in  office,  crimes  punishable  by  law  with 
imprisonment  in  the  penitentiary,  or  bribery. 

6th.  Those  who  are  idiots  or  insane:  Provided,  That  all  persons 
included  in  the  1st,  2d,  3d  and  4th,  subdivisions  of  this  section,  who 
have  openly  advocated  or  who  have  voted  for  the  reconstruction  pro- 
posed by  Congress  and  accept  the  equality  of  all  men  before  the  law, 
shall  be  deemed  qualified  electors  under  this  constitution. 

Sec.  4.  The  general  assembly  shall  have  the  power  by  a  two-thirds 
vote  of  each  house,  approved  by  the  governor  to  remove  the  disabili- 
ties included  in  the  1st,  2d,  3d  and  4th  subdivisions  of  section  three, 
of  this  article,  when  it  appears  that  such  person  applying  for  relief 
from  such  disabilities,  has  in  good  faith  returned  to  his  allegiance  to 
the  Government  of  the  United  States:  Provided,  The  general  assem- 
bly shall  have  no  powder  to  remove  the  disabilities  of  any  person 
embraced  in  the  aforesaid  subdivisions  who,  after  the  adoption  of 
this  constitution  by  this  convention,  persists  in  opposing  the  acts  of 
Congress  and  reconstruction  thereunder. 

Sec.  5.  All  persons,  before  registering  or  voting  must  take  and 

snbscrilx^  the  following  oath :  "  I, ,  do  solemnly  swear, 

(or  affiiiu,)  that  I  will  support  and  maintain  the  Constitution  and 
laws  of  the  United  States,  and  the  constitution  and  laws  of  the  State 
of  Arkansas;  that  I  am  not  excluded  from  registering  or  voting  by 
any  of  the  clauses  in  the  1st,  2d,  3d,  or  4th  subdivisions  of  article 
VIII  of  the  constitution  of  the  State  of  Arkansas ;  that  I  Avill  never 
countenance  or  aid  in  the  secession  of  this  State  from  the  United 
States ;  that  I  accept  the  civil  and  political  equality  of  all  men,  and 
agree  not  to  attempt  to  deprive  any  person  or  persons,  on  account  of 
race,  color  or  previous  condition,  of  any  political  or  civil  right,  privi- 
lege or  immunity  enjoyed  by  any  other  class  of  men ;  and,  further- 
more, that  I  wmII  not  in  any  way  injure^ or  countenance  in  others  any 
attempt  to  injure  person  or  persons,  on  account  of  past  or  present 
support  of  the  Government  of  the  United  States,  the  laws  of  the 
United  States  or  the  principle  of  the  j)olitical  and  civil  equality  of  all 
men,  or  for  affiliation  with  any  political  party:"  Provided,  That  if 
any  person  shall  knowingly  and  falsely  take  any  oath  in  this  constitu- 
tion prescribed,  such  person  so  offending,  and  being  thereof  duly  con- 
victed, shall  be  subject  to  the  pains,  penalties  and  disabilities,  which, 
by  law  are  provided  for  the  punishment  of  the  crime  of  wilful  and 
corrupt  pel' j  u  ry . 


322  Arhnnmfi—lSaS 

Sec.  C.  Electors  shall  in  all  cases  except  treason,  felony,  or  hreach 
of  the  ixmce,  Ix^  privik'ijed  from  arrest  and  civil  process  during  their 
attendance  at  elections,  and  in  going  to  and  returning  from  the  same. 

Sec.  7.  It  shall  ho  the  duty  of  the  general  assembly  to  enact  ade- 
quate laws  giving  protection  against  the  evils  arising  from  the  use  of 
intoxicating  liquors  at  elections. 

Article  IX 

EDUCATION 

Section  1.  A  general  diffusion  of  Imowledge  and  intelligence 
among  all  classes,  being  essential  to  the  preservation  of  the  rights  and 
lilxu'ties  of  the  peoi)le;  the  general  assembly  shall  establish  and  main- 
tain a  system  of  free  schools,  for  the  gi'atuitous  instruction  of  all 
pei"sons  in  this  State,  between  the  ages  of  five  and  twenty-one  years, 
and  the  funds  appropriated  for  the  support  of  common  schools  shall 
Ixj  distributed  to  the  several  counties,  in  proportion  to  the  numlx?r  of 
children  and  youths  therein  l)etween  the  ages  of  five  and  twenty-one 
years,  in  such  manner  as  shall  be  prescribed  by  law,  but  no  religious 
or  other  sect  or  sects  shall  ever  have  any  exclusive  right  to,  or  control 
of  any  part  of  the  school-funds  of  this  State. 

Sec.  2.  The  supervision  of  public  schools  shall  be  vested  in  a  super- 
intendent of  public  instruction,  and  such  other  officers  as  the  general 
assembly  shall  provide.  The  superintendent  of  public  instruction 
shall  receive  such  salary  and  perform  such  duties  as  shall  be  pre- 
scrilx»d  by  law. 

Sec.  8.  The  general  assembly  shall  establish  and  maintain  a  State 
university,  with  departments  for  instruction  in  teaching,  in  agricul- 
ture, and  the  natural  sciences  as  soon  as  the  public  school  fund  will 
permit. 

Sec.  4.  The  proceeds  of  all  lands  that  have  l^een  or  hereafter  may 
l)e  granted  by  the  United  States  to  this  State,  and  not  otherwise 
appropriated  by  the  United  States  or  this  State;  also,  all  mines, 
[moneys?]  stocks,  bonds,  lands  and  other  property,  now  l)elonging  to 
any  fund  for  purposes  of  education,  also  the  net  proceeds  of  all  sales 
of  lands  and  other  proix'rty  and  effects  that  may  accrue  to  this  State 
by  escheat,  or  from  sales  of  estrays  or  from  unclaimed  dividends  or 
distributive  shares  of  the  estates  of  deceased  persons,  or  from  fines, 
penalties  or  forfeitures,  also,  any  j^rooeeds  of  the  sales  of  public  lands 
which  may  have  been  or  may  be  hereafter  paid  over  to  this  Stah» 
(Congress  consenting,)  also  the  grants,  gifts  or  devices  that  have 
Ix^en  or  hereafter  may  be  made  to  this  State  and  not  otherwise  appro- 
priated by  the  terms  of  the  grant,  gift  or  devise,  shall  lx»  s(»curely 
invested  and  sacredly  p^eser^^d  as  a  public  school  fund,  which  shall 
l>e  the  common  property  of  the  State;  the  annual  income  of  Avhich 
fund,  together  with  one  dollar  per  capita  to  be  annually  assessed  on 
every  male  inhabitant  of  this  State  over  the  age  of  twenty-one  yeai-s, 
and  so  nuich  of  the  ordinaiy  annual  revenue  of  the  State  as  may  l)e 
necessary,  shall  be  faithfully  appropriated  for  establishing  and  main- 
taining the  free  schools  and  the  university,  in  this  article  provided 
for.  and  for  no  other  uses  or  purposes  whatever. 


Arkansas— ISeS  323 

Sec.  5,  No  part  of  tlie  public  school  fund  shall  im  invested  in  the 
stocks,  or  bonds  or  other  obligations  of  any  State,  or  any  county,  city, 
town  or  corporation.  The  stocks  belonging  to  any  school  fund  or 
university  fund,  shall  be  sold  in  such  manner,  and  at  such  times  as 
the  general  assembly  shall  prescribe,  and  the  proceeds  thereof,  and  the 
proceeds  of  the  sales  of  any  lands  or  other  prpperty  which  now 
belongs  or  may  hereafter  belong  to  said  school  fund,  may  be  invested 
in  the  bonds  of  the  United  States. 

Sec.  6.  No  township  or  school  district  shall  receive  any  portion  of 
the  public  school  fund,  unless  a  free  school  shall  have  been  kept 
therein  for  not  less  than  three  months  during  the  year,  for  which 
distribution  thereof  is  made.  The  general  assembly  shall  require  by 
law,  that  every  child  of  sufficient  mental  and  physical  ability,  shall 
attend  the  public  schools  during  the  period  between  the  ages  of  five 
and  eighteen  years,  for  a  term  equivalent  to  three  years  unless  edu- 
cated by  other  means. 

Sec.  7.  In  case  the  public  school  fund  shall  be  insufficient  to  sustain 
a  free  school  at  least  three  months  in  every  year  in  each  school  district 
in  this  State,  the  general  assembly  shall  provide  by  law,  for  raising 
such  deficiency  by  levying  such  tax  upon  all  taxable  property  in  each 
county,  township  or  school  district  as  may  be  deemed  proper. 

Sec.  8.  The  general  assembly  shall  as  far  as  it  can  be  done  without 
infringing  upon  vested  rights,  reduce  all  lands,  moneys,  or  other 
property  used  or  held  for  school  purposes  in  the  various  counties  of 
this  State,  into  the  public  school  fund  herein  provided  for. 

Sec.  9.  Provision  shall  also  be  made,  by  general  laws,  for  raising 
such  sum  or  sums  of  money  by  taxation,  or  otherwise  in  each  school 
district  as  may  be  necessary  for  the  building  and  furnishing  of  a 
sufficient  number  of  suitable  school-houses  for  the  accommodation  of 
all  the  pupils  w  ithin  the  limits  of  the  several  school  districts. 

Article  X 

finances,  taxation,  public  debt  and  expenditures 

Section  1.  The  levying  of  taxes  by  the  poll  is  grievous  and  oppress- 
ive; therefor  the  general  assembly  shall  never  levy  a  jDoll-tax  except- 
ing for  school  purposes. 

Sec.  2.  Laws  shall  be  passed  taxing  by  a  uniform  rule  all  money 
credit,  investments  in  bonds,  joint-stock  companies,  or  otherwise;  and 
also  all  real  and  personal  property  accordmg  to  its  true  value  in 
money ;  but  burying-grounds,  public  school-houses,  houses  used  exclu- 
sively for  public  worship,  institutions  of  purely  public  charity,  public 
property  used  exclusively  for  any  public  purpose,  shall  never  be 
taxed.  Real  estate  shall  be  appraised  at  least  once  every  five  years 
by  an  appraiser  to  be  provided  for  by  law,  at  its  true  value  in  money. 
I*ersonal  property  shall  be  appraisecl  in  such  manner  as  may  be  pro- 
vided by  law  at  its  true  value  in  money,  but  the  general  assembly 
may  exempt  from  taxation  personal  property  to  the  value  of  five 
hundred  dollars  to  each  tax-paver. 

Sec.  3.  The  general  assembly  shall  provide  by  law.  for  taxing  the 
notes  and  bills  discounted  or  purchased,  moneys  loaned,  and  all  other 


324  Arkanmfi—lSeS 

propoity,  effects  or  dues  of  every  description,  witliont  deduction,  of  all 
banks  now  existin*;,  or  hereafter  ci-eated,  and  of  all  l)ankers,  so  that 
all  property  employed  in  banking,  shall  always  bear  a  burden  of  taxa- 
tion equal  to  that  imposed  on  other  property  of  in<lividuals. 

Sec.  4.  The  genenil  assembly  shall  provide  for  raising  revenue  suf- 
ficient to  defray  the  expenses  of  the  State  for  each  year;  and  also  a 
sufficient  sum  to  pay  the  interest  on  the  State  debt. 

Sec.  5.  No  tax  shall  be  levied  except  in  pursuance  of  law;  and 
every  law  imposing  a  tax,  shall  state  distinctly  the  object  of  the  same. 

Sec.  6.  The  credit  of  the  State  or  counties  shall  never  be  loaned  for 
any  purpose  without  the  consent  of  the  people  thereof  expressed 
through  the  ballot-box. 

Sec.  7.  The  general  assembly  may  require  the  exhibit  of  receipts 
and  expenditures  of  State  and  county  officers  at  such  time  and  manner 
as  may  be  jjrescribed  by  law. 

Sec.  8.  No  money  shall  be  paid  out  of  the  treasury  until  the  same 
shall  have  been  appropriated  by  law. 

Sec.  0.  The  State  may  contract  debts  to  supply  casual  deficits  or 
failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided  for; 
and  the  money  arising  from  the  creation  of  such  debts  shall  l)e  a|)pro- 
priated  to  the  purpose  for  which  it  was  obtained,  or  to  pay  the  debt  so 
contracted,  and  to  no  other. 

Sec.  10.  In  addition  to  the  above  power  the  State  may  contract 
debts  to  repel  invasion,  suppress  insurrection,  preserve  the  public 
peace,  defend  the  State  in  time  of  war,  or  to  redeem  the  present  out- 
standing indebtedness  of  the  State;  but  the  money  arising  from  the 
contracting  of  such  debts  shall  be  applied  to  the  purpose  for  which  it 
was  raised  and  no  other;  and  all  debts  incurred  to  redeem  the  present 
outstanding  indebtedness  of  the  State,  shall  be  so  contracted  as  to  be 
payable  by  the  sinking-fund  hereinafter  provided  for,  as  the  same 
shall  accumulate. 

Sec.  11.  The  faith  of  the  State  being  pledged  for  the  payment  of  its 
debt,  in  order  to  pr<)vi<le  therefor,  there  shall  be  created  a  sinking- 
fund;  which  shall  be  sufficient  to  pay  the  accruing  interest  on  such 
debt,  and  annually  to  reduce  the  same.  The  said  sinking-fund  shall 
consist  of  such  net  earnings  and  profits  of  public  institutions,  bonds, 
stocks  or  other  property  of  the  State,  or  of  any  other  funds  or 
lesources,  that  are  or  may  be  provided  by  law. 

Sec.  12.  The  governor,  secretary  of  state,  and  attorney-general,  are 
hereby  created  a  board  of  commissioners  to  Ix;  styled  "  the  commis- 
f^ioners  of  the  sinking-fund." 

Sec.  13.  The  commissioners  of  the  sinking-fund  shall,  immediately 
preceding  each  regular  session  of  the  general  assembly,  make  an  esti- 
mate of  the  probable  amount  of  the  fimd  provided  by  the  eleventh 
section  of  this  article,  from  all  sources,  except  from  taxation,  and 
report  the  same,  together  with  all  their  proceedings  relative  to  said 
fund  and  debt,  and  transmit  the  same  to  the  general  assembly,  and 
the  general  assembly  shall  make  all  necessary  provision  for  raising 
and  disbursing  said  sinking-fund,  in  pursuance  of  the  provisions  of 
this  article. 

Sec.  14.  It  shall  be  the  duty  of  said  commissioners  faithfully  to 
apply  in  such  manner  as  the  general  assembly  may  by  law  direct,  said 
fund,  together  with  all  moneys  that  may  be  by  the  general  assembly 


Arkansas— 1868  325 

appropriated  to  that  object,  to  the  payment  of  the  interest  as  it 
))econie.s  due,  and  the  redemption  of  the  principal  of  the  public  debt 
of  the  State,  excepting  only  school  and  trust  funds  held  by  tlie  State. 

Sec.  15.  The  principal  arising  from  the  sale  of  all  lands  donated  to 
the  State  for  school  purposes,  shall  be  paid  into  the  treasury,  and  the 
State  shall  pay  interest  thereon,  for  the  support  of  schools,  at  the  rate 
of  six  per  cent,  per  annum. 

Sec.  1G.  The  State  shall  never  assume  the  debts  of  county,  town, 
city  or  other  corporations,  unless  such  debts  have  been  created  to  repel 
invasion,  suppress  insurrection,  or  to  provide  for  the  public  welfare 
and  defence. 

Sec.  17.  The  general  assembly  shall  tax  all  privileges,  pursuits  and 
occupations,  that  are  of  no  real  use  to  society;  all  others  shall  be 
exempt,  and  the  amount  thus  raised  shall  be  paid  into  the  treasury. 

Article  XI 

MILITIA 

Section  1.  All  able-bodied  electors  in  this  State  shall  be  liable  to 
military  duty  in  the  militia  of  this  State;  but  all  citizens  of  any 
denomination  whatever,  who  from  scruples  of  conscience,  may  be 
adverse  to  bearing  arms,  shall  be  exempt  therefrom  upon  such  con- 
ditions as  may  be  prescribed  by  law. 

Sec.  2.  The  general  assembly  shall  provide  for  organizing,  equip- 
ping, and  disciplining  the  militia  in  such  manner  as  it  shall  deem 
expedient,  not  incompatible  with  the  laws  of  the  United  States. 

Sec.  3.  The  governor  shall  be  commander-in-chief,  and  shall  have 
power  to  call  out  the  militia  to  execute  the  laws,  to  suppress  insur- 
rection, to  repel  invasion,  and  to  preserve  the  public  peace. 

Article  XII 
exempted  property 

Section  1.  The  personal  property  of  any  resident  of  this  State,  to 
the  value  of  two  thousand  dollars,  to  be  selected  by  such  resident, 
shall  be  exempted  from  sale  on  execution  or  other  final  process  of  any 
court  issued  for  the  collection  of  any  debt  contracted  after  the  adop- 
tion of  this  constitution. 

Sec.  2.  Hereafter  the  homestead  of  any  resident  of  this  State  who 
is  a  married  man  or  head  of  a  family  shall  not  be  encumbered  in  any 
manner  while  owned  b^  him,  except  for  taxes,  laborers,  and  me- 
chanics' liens,  and  securities  for  the  purchase-money  thereof. 

Sec.  8.  Every  homestead  not  exceeding  one  hundred  and  sixty 
acres  of  land,  and  the  dwelling  and  appurtenances  thereon,  to  be 
selected  by  the  owner 'thereof,  and  not  in  any  town,  city,  or  village,  or 
in  lieu  thereof,  at  the  option  of  the  owner,  any  lot  in  a  city,  town,  or 
village,  with  the  dwelling  and  appurtenances  thereon,  owned  and 
occupied  by  any  resident  of  this  State,  and  not  exceeding  the  value  of 
five  thousand  ciollars,  shall  be  exempted  from  sale  on  execution  or 
any  other  final  process  from  any  court;  but  no  property  shall  be 
exempt  from  sale  for  taxes,  for  the  payment  of  obligations  contracted 
for  the  purchase  of  said  premises,  for  the  erection  of  improvements 
thereon,  or  for  labor  performed  for  the  owner  thereof:    Pro  rifled., 


326  Arkansas— ISSS 

That  tlio  l)enefit  of  the  homestead  herein  provided  for  shall  not  be 
extended  to  persons  who  niav  1k>  indebted  for  dues  to  the  State, 
county,  township,  school,  or  other  trust  funds. 

Sec.  4.  If  the  owner  of  a  homestead  die,  leaving  a  widow  l)ut  no 
children,  the  same  shall  l)e  exempt,  and  the  rents  and  profits  there- 
of shall  accrue  to  her  InMiefit  during  the  time  of  her  widowhood, 
unless  she  l)e  the  owner  of  a  homestead  in  her  own  right. 

Skc.  T).  The  homestead  of  a  family  after  the  death  of  the  owner 
thereof  shall  Iw  exempt  from  the  payment  of  his  debts  in  all  cases 
during  the  minority  of  his  children,  and  also  so  long  as  his  widow 
shall  remain  unmarried,  unless  she  be  the  owner  of  a  homestead  in 
her  own  right. 

Sec.  ().  1'he  real  and  personal  property  of  any  female  in  this  State, 
acquired  either  l)efore  or  after  marriage,  whether  by  gift,  grant, 
inheritance,  devise,  or  otherwise,  shall,  so  long  as  she  may  choos(%  be 
and  remain  the  separate  estate  and  property  of  such  female,  and  may 
\y&  devised  or  l)equeathed  by  her  the  same  as  if  she  were  a  fem£-8ole. 
Laws  shall  be  i)assed  providing  for  the  registration  of  the  wife's  sepa- 
rate property,  and  when  so  registered,  and  so  long  as  it  is  not  in- 
trusted to  the  management  or  control  of  her  husband  otherwise  than 
as  an  agent,  it  shall  not  be  liable  for  any  of  his  debts,  engagements, 
or  obligations. 

Article  XIII 

AMENDMENTS   TO   THE   CONSTITUTION 

Section  1.  Any  amendments  to  this  constitution  may  be  proposed 
in  either  house  of  the  general  assembly,  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses  such  proposed  amendment  shall  be  entered  on  their  journals, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  legislature 
to  be  chosen  at  the  next  general  election,  and  shall  be  published  as 
provided  by  law  for  three  months  previous  to  the  time  of  making 
such  choice;  and  if  in  the  general  assembly  so  next  chosen  as  afore- 
said such  ])roposed  amendment  or  amendments  shall  be  agreed  to  by 
a  majority  of  all  the  members  elected  to  each  house,  then  it  shall  be 
the  duty  of  the  general  assembly  to  submit  such  proposed  amendment 
or  amendments  to  the  people,  in  such  manner  and  at  such  time  as  the 
general  assembly  shall  provide;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments,  by  a  majority  of  the  electors 
qualified  to  vote  for  members  of  the  general  assembly  voting  thereon, 
such  amendment  or  amendments  shall  become  a  part  of  the  constitu- 
tion of  this  State. 

Sec.  2.  If  two  or  more  amendments  shall  he  submitted  at  the  same 
time,  they  shall  l)e  submitted  in  such  manner  that  the  electors  shall 
vote  for  or  against  each  of  said  amendments  separately. 

Article  XIV 

APPORTIONMENT 

Section  1.  Tlie  congressional  districts  shall  remain  as  they  now 
are:  Provided ^  That  the  general  assembly  may,  at  the  first  session 
held  after  the  adoption  of  this  constitution,  redistrict  the  State  for 
congressional  purposes. 


Arkansas— 18S$  327 

Sec.  2.  Until  after  the  apportionment,  as  herein  provided  for,  the 
senatorial  and  representative  districts  shall  ho  composted  of  the  fol- 
lowing counties,  to  wit:  the  1st  of  Jackson,  Craighead,  Poinsett, 
Cross  and  Mississippi;  2d,  of  Lawrence,  Kandolph  and  (ireene;  3d, 
of  Madison,  Marion,  Carroll,  Fulton  and  Izard;  4th,  of  Independence 
and  Van  Buren;  5th,  of  Searcy,  Pope  and  Conway;  0th,  of  Newton, 
Johnson  and  Yell;  7th,  of  Washington  and  Benton;  8th,  of  Craw- 
ford, Franklin  and  Sebastian;  9th,  of  Crittenden,  Saint  Francis  and 
Woodruff;  10th,  of  Pulaski  and  Wliite;  11th,  of  Phillips  and  Mon- 
roe; 12th,  of  Prairie  and  Arkansas;  13th,  of  Scott,  Polk,  Montgom- 
ery and  Hot  Springs;  14th,  of  Hempstead;  15th,  of  Lafayette  and 
Little  River;  l()th,  of  Union  and  Calhoun;  17th,  of  Clark,  Pike  and 
Sevier;  18th,  of  Columbia;  19th,  of  Ouachita;  20th,  of  Jefferson  and 
Bradley;  21st,  of  Dallas,  Saline  and  Perry;  22d,  of  Ashley,  Chicot, 
Drew  and  Desha.  The  senators  and  representatives  shall  be  appor- 
tioned amon^  the  several  senatorial  and  representative  districts  as 
follows,  to  wat : 

1st  district — one  senator  and  four  representatives. 
2d  district — one  senator  and  three  representatives. 
3d  district — one  senator  and  four  representatives. 
4th  district — one  senator  and  three  representatives. 
5th  district — one  senator  and  three  representatives. 
6th  district — one  senator  and  three  representatives. 
7th  district — one  senator  and  four  representatives. 
8th  district — one  senator  and  four  representatives. 
9th  district — one  senator  and  four  representatives. 
10th  district — two  senators  and  six  representatives. 
11th  district — two  senators  and  six  representatives. 
12th  district — one  senator  and  four  representatives. 
13th  district — one  senator  and  three  representatives. 
14th  district — one  senator  and  three  representatives. 
15th  district — one  senator  and  three  representatives. 
16th  district — one  senator  and  tw  o  representatives. 
17th  district — one  senator  and  four  representatives. 
18th  district — one  senator  and  three  representatives. 
19th  district — one  senator  and  two  representatives. 
20th  district — two  senators  and  six  representatives. 
21st  district — one  senator  and  two  representatives. 
22(1  district — two  senators  and  six  representatives. 

Article  XV 

MISCELLANEOUS   PROVISIONS 

Section  1.  The  President  of  the  convention  shall,  immediately 
after  the  adjournment  thereof,  cause  this  constitution  to  be  deposited 
in  the  office  of  the  secretary  of  state,  and  shall  transmit  a  copy  ot 
the  same  to  the  President  of  the  United  States,  to  be  by  him  laid 
before  the  Congress  of  the  United  States. 

Sec.  2.  In  all  cases  not  otherwise  provided  for  in  this  constitution, 
the  general  assembly  may  determine  the  mode  of  filling  all  vacancies 
in  all  offices,  and  of  choosing  all  necessary  officers,  and  shall  define 
their  respective  powers  and  duties,  and  provide  suitable  compensation 
for  all  officers. 


328  Arkansas— ISSS 

Sec.  3.  All  general  elections  shall  i>e  held  on  the  Tnesday  succeed- 
ing the  first  \i<)nday  in  November,  and  shall  Ik*  hiemiial.  connuencing 
at  the  general  election  of  A.  I).  l.S(»H:  hut  all  oflicvrs  clct-te*!  under  the 
provisions  of  this  constitution  and  schedule,  except  nienil)ers  of  Con- 
gi'ess,  at  the  election  connnencing  on  the  13th  day  of  March,  18(>8, 
shall  hold  and  continue  in  office,  m  accordance  with  the  provisions  of 
this  constitution,  the  same  as  though  elected  at  the  general  election, 
to  l)e  held  on  the  Tuesday  succeeding  the  first  Monday  in  NovemlHir, 
eighteen  hundred  and  sixty-eight;  and  no  election  shall  Ix?  held  for 
said  officers  at  tiie  general  election  of  eighteen  hundred  and  sixty- 

Sec.  4.  All  chartered  cities  and  villages  under  the  laws  of  this 
State  shall  hold  their  nnniicipal  elections  for  the  year  eighteen 
hundred  and  sixty-eight  at  such  times  and  places  as  may  be  provided 
in  this  constitution  and  the  schedule  to  the  same. 

Sec.  5.  The  term  of  office  of  all  township  and  precinct  officers  shall 
expire  thirty  days  after  this  constitution  goes  into  effect,  and  the 
governor  shall  thereafter  appoint  such  officers,  whose  term  of  office 
shall  continiie  until  the  general  assembly  shall  provide  by  law  for  an 
election  of  said  officers. 

Sec.  r>.  Until  the  general  assembly  shall  otherwise  provide,  a  prose- 
cuting attorney  for  each  judicial  circuit  shall  be  apj)ointe(l  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  who  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his  successor  is 
chosen  and  qualified :  Prorided^  That  the  general  assembly  shall  not 
interfere  with  the  term  of  any  appointed  ])rosecuting  attorney. 

Sec.  7.  The  compensation  of  senators  and  representatives  shall  be 
six  dollai-s  per  diem  during  the  first  session  after  the  adoj)tion  of  this 
constitution,  but  may  afterwards  l)e  prescril>ed  by  law:  Prorided,, 
No  increase  of  comiwnsation  shall  be  prescribed  which  shall  take 
effect  imtil  the  period  for  which  the  members  of  the  house  of  repre- 
sentatives then  existinf?  shall  have  expired. 

Sec.  8.  Senators  and  representatives  shall  receive  twenty  cents  for 
each  mile  necessarily  travelled  in  going  to  and  returning  froui  the 
seat  of  government  in  attending  each  st^ssion  of  the  general  assembly, 
until  otherwise  provided  by  law. 

Sec.  1).  All  salaries,  fees,  and  per  diem,  or  other  compensation  of 
all  State,  county,  town,  or  other  officers  within  the  State,  shall  be 
payable  in  such  funds  as  may  by  law  he,  receivable  for  State  taxes. 

Sec.  10.  Any  public  fund  set  apart  by  the  general  assembly  for  one 
purpose  shall  not  be  used  for  another  unless  in  each  case  otherwise 
sjjecially  authorized  by  law. 

Sec:.  11.  This  convention  shall  appoint  not  more  than  three  persons, 
learned  in  the  law,  whose  duty  it  shall  be  to  revise  and  re-arrange  the 
statute-laws  of  this  State,  both  civil  and  criminal,  so  as  to  have  but 
one  law  on  any  one  subject ;  and  also  three  other  persons,  learned  in 
the  law,  whose  duty  it  shall  be  to  prepare  a  code  of  practice  for  the 
courts,  both  civil  and  criminal,  in  this  State,  bv  abridging  and  sim- 
plifying the  rules  of  practice  and  laws  in  relation  thereto;  all  of 
whom  shall,  at  as  early  a  day  as  practicable,  report  the  result  of  their 
labors  to  the  general  assembly  for  their  adoption  or  modification. 
The  general  assembly  shall  provide  suitable  compensation  for  said 
persons  appointed  as  aforesaid. 


Arkansas— 1S68  329 

Sec.  12.  No  county  now  established  by  law  shall  ever  be  reduced,  by 
the  establishment  of  any  new  county  or  counties,  to  less  than  six 
hundred  square  miles;  nor  shall  any  county  be  hereafter  established 
which  shall  contain  less  than  six  hundred  square  miles. 

Sec.  13.  No  indenture  of  any  person  hereafter  nuide  and  executed 
out  of  this  State,  or,  if  made  in  this  State,  where  the  term  of  service 
exceeds  one  year,  shall"  be  of  the  least  validity,  except  those  given  in 
cases  of  apprenticeships,  which  shall  not  be  for  a  longer  term  than 
until  the  apprentice  shall  arrive  at  the  age  of  twenty-one  years  if  a 
male,  or  eighteen  years  if  a  female. 

Sec.  14.  xVll  contracts  for  the  sale  or  purchase  of  slaves  are  null  and 
void,  and  no  court  of  this  State  shall  take  cognizance  of  any  suit 
founded  on  such  contracts,  nor  shall  any  amount  ever  be  collected  or 
recovered  on  any  judgment  or  decree  which  shall  have  been,  or  which 
hereafter  may  be,  rendered  on  account  of  any  such  contract  or  obliga- 
tion, on  any  jjretext,  legal  or  otherwise. 

Sec.  15.  There  shall  be  a  great  seal  of  the  State,  which  shall  be 
kept  and  used  officially  by  the  secretary  of  state ;  and  the  seal  hereto- 
fore in  use  in  this  State  shall  continue  to  be  the  great  seal  of  the  State 
until  another  shall  have  been  adopted  by  the  general  assembly. 

Sec.  10.  Private  seals  are  hereby  abolished;  and  hereafter  no  dis- 
tinction shall  exist  between  sealed  and  unsealed  instruments  concern- 
ing contracts  between  individuals.  All  laws  of  this  State  not  in  cou- 
flict  with  this  constitution  shall  remain  in  full  force  until  otherwise; 
provided  by  the  general  assembly,  or  until  they  expire  by  their  own 
limitation.  Nothing  herein  shall  be  construed  to  impair  vested  rights 
under  provisions  of  existing  laws. 

Sec.  17.  All  officers  of  this  State,  executive,  legislative  and  judicial, 
before  thev  enter  upon  the  duties  of  their  respective  offices,  shall  take 

the  following  oath  :  "'  I, ,  do  solemnly  swear  (or  affirm) 

that  I  am  not  disfranchised  by  the  Constitution  or  laws  of  the  United 
States,  or  the  constitution  of  the  State  of  Arkansas;  that  I  will  hon- 
estly and  faithfully  support  and  defend  the  Constitution  and  laws  of 
the  United  States,  the  Union  of  States,  and  the  constitution  and  laws 
of  the  State  of  Arkansas;  and  that  I  will  honestly  and  faithfully  dis- 
charge the  duties  of  the  office  on  which  I  am  about  to  enter,  to  the  best 
of  my  ability.     So  help  me  God." 

Sec.  18.  The  term  of  all  officers  elected  or  appointed  under  the  pro- 
visions of  this  constitution,  shall  expire  on  the  1st  day  of  January, 
eighteen  hundred  and  seventy-three,  unless  herein  otherwise  provided. 

Sec.  10.  No  one  shall  be  precluded  from  being  elected  or  appointed 
to  any  office  by  reason  of  having  been  a  delegate  to  this  convention  or 
an  officer  of  the  same. 

Sec.  20.  No  person  shall  be  allowed  or  qualified  to  sit  on  any  jury 
who  is  not  a  qualified  elector. 

Sec.  21.  The  general  assembly  may  by  general  law,  declare  the 
legal  rate  of  interest  upon  contracts  in  which  no  rate  of  interest  is 
specified ;  but  no  law  limiting  the  rate  of  interest  for  which  individ- 
uals may  contract  in  this  State  shall  ever  be  passed. 

Src.  22.  All  judges  and  clerks  of  election  appointed  under  provi- 
sions of  this  constitution  shall  take  and  subscribe  to  tlie  oath  of  an 
elector,  as  provided  in  section  5  of  Article  VITI  In^fore  they  enter 
upon  the  duties  of  said  offices;  and  said  judges  are  hereby  authorized 


330  Arkansas— 1 808 

to  administer  the  oatli  to  cadi  other  and  to  the  clerks:  also  to  admin- 
ister the  same  to  all  electors  offering  to  vote.  Said  judges  and  clerks 
shall  also  swear  to  discharge  their  respective  <luties  to  the  l)est  of 
their  ability,  according  to  law.  Judges  of  election  may  appoint  a 
suitable  nulnln'r  of  persons,  wlio  shall,  with  themselves,  be  conserva- 
tors of  the  peace;  and  they  are  hereby  empowered  to  arrest  all  offend- 
ers. Any  one  refusing  to  act  as  such  when  called  on  by  the  judges, 
shall  Ix?  subject  to  a  fine  of  at  least  one  hundred  dollars,  or  imprison- 
ment not  less  than  six  months,  or  l)oth. 

Schedule 

Section  1.  On  the  KUh  day  of  March,  A.  D.  one  thousand  eight 
hundred  and  sixty-eight,  and  such  successive  days  as  hereinafter  pro- 
vided, an  election  shall  be  held  for  members  of  the  House  of  Repre- 
sentatives of  the  United  States,  governor,  lieutenant-governor,  secre- 
tary of  state,  auditor,  treasurer,  attorney-general,  superintendent  of 
public  instruction,  judges  of  the  supreme  court,  members  of  the  gen- 
eral assembly,  and  all  county  officers,  and  also  for  the  submission  of 
this  constitution  to  the  people  for  their  adoption  or  rejection. 

Sec.  2.  Upon  the  days  designated  as  aforesaid,  every  (jualified 
elector  under  the  provisions  of  this  constitution  may  vote  for  all  offi- 
cers to  be  elected  under  this  constitution  at  such  election ;  and  also  for 
or  against  the  adoption  of  this  constitution. 

Sec.  3.  In  voting  for  or  -against  the  adoption  of  this  constitution, 
the  words  ''  For  constitution  "  or  "  against  constitution  "  shall  Ixj 
Avritten  or  printed  on  the  ballot  of  each  voter,  but  no  voter  shall  vote 
for  or  against  this  constitution  on  a  separate  ballot  from  that  cast  by 
him  for  officers  to  be  elected  at  said  election  under  this  constitution. 

Sec.  4.  A  board  of  commissioners  is  hereby  appointed,  to  consist  of 
James  L.  Hodges,  Joseph  Brooks,  and  the  president  of  this  conven- 
tion, any  two  of  whom  shall  constitute  a  quorum  to  transact  business, 
who  shall  keep  an  office  for  the  transaction  of  business  in  Little  Rock, 
and  who  may  employ  such  clerical  force  as  may  he  necessary,  said 
clerks  not  to  receive  more  per  day  for  each  day  actually  emploved 
than  the  per  diem  paid  the  assistant  secretaries  of  this  convention, 
and  who  are  empowered  and  authorized  to  appoint,  or  cause  to  be 
appointed,  suitable  persons  for  judges  and  clerks  of  election  in  each 
county  in  this  State,  to  hold  the  election  therein  for  all  State  and 
county  officers,  and  for  members  of  the  general  assembly  and  of  the 
House  of  Representatives  of  the  ITnited  States,  and  also  for  the  rati- 
fication of  this  constitution.  Said  election  shall  be  held  at  such  times 
and  places  in  each  county,  commencing  on  the  thirteenth  day  of 
March,  and  continuing  on  such  successive  days  as  the  commissioners 
may  direct,  to  secure  a  full  and  fair  vote  at  such  election. 

Sec.  5.  The  judges  of  election  appointed  as  aforesaid  shall  make 
returns  of  the  same  to  said  commissioners  in  such  manner  and  under 
such  regulations  as  said  commissioners  may  prescribe,  which  returns 
shall  show  the  numlxu'  of  votes  cast  at  said  election  for  and  against 
this  constitution,  and  the  number  cast  for  each  candidate  for  the 
offices  j)rovided  for  in  this  constitution  and  schedule. 

Sec.  f).  Any  j^erson  cont«'sting  the  election  under  this  constit  ion 
for  any  State  officer  or  member  of  the  general  assembly,  shall  do  so 
before  said  board  of  commissioners,  who  shall  have  power  to  decide 


Arkansas — 1868  331 

and  declare  the  right  to  any  office  contested,  and  give  the  candidate 
legally  elected  a  certificate  of  the  same:  Provided,,  Said  commission- 
ers may,  in  the  cases  of  members  of  the  general  assembly  whose  right 
to  the  seats  may  be  contested,  refer  the  same  to  the  general  assembly- 
for  their  determination.  Said  board  of  commissioners  shall  appoint 
the  judges  and  clerks  of  the  municipal  elections  to  be  held  under  the 
l^rovisions  of  this  constitution.  Said  judges  shall  conduct  and  make 
returns  of  said  elections  in  the  manner  prescribed  by  the  charter  of 
the  city  or  village  in  which  said  municipal  election  shall  be  held. 

Sec.  7.  Said  commissioners  shall  appoint  suitable  persons  as  boards 
in  every  county,  to  hear  and  decide  all  cases  of  contested  county  elec- 
tions. 

Sec.  8.  The  said  commissioners  shall  have  power  to  inquire  into  the 
fairness  or  validity  of  the  voting  upon  the  ratification  of  this  consti- 
tution, and  to  count  the  votes  given  at  said  election,  and  shall  reject 
all  fraudulent  or  illegal  votes  cast  at  said  election ;  and  said  connnis- 
sioners  shall  also  have  power,  whenever  it  is  made  to  appear  that 
fraud,  fear,  violence,  improper  influence,  or  restraint  were  used,  or 
j)ersons  were  prevented  or  intimidated  from  voting  at  such  elections,  to 
take  such  steps,  either  by  setting  aside  the  election  and  ordering  a 
new  one,  or  rejecting  votes,  or  correcting  the  result  in  any  county 
or  precinct  as  may  in  such  cases  be  just  and  equitable. 

Sec.  9.  The  said  commissioners  shall  declare  the  result  of  the  elec- 
tion upon  the  ratification  of  this  constitution,  and,  if  adopted,  the 
president  of  this  convention  shall  transmit  a  certified  copy  of  the 
same,  together  with  an  abstract  of  the  votes  cast,  to  the  President  of 
the  United  States,  to  be  by  him  laid  before  the  Congress  of  the  United 
States  for  their  approval  or  rejection,  and  shall  also  declare  the 
officers  elected  thereunder;  and  if  declared  ratified,  the  constitution 
shall  from  and  after  that  date  be  in  full  force  and  effect. 

Sec:.  10.  No  person  disqualified  from  voting  or  registering  under 
this  constitution  shall  vote  for  candidates  for  any  office,  nor  shall  be 
permitted  to  vote  for  the  ratification  or  rejection  of  this  constitution 
at  the  polls  herein  authorized.  The  governor  and  all  other  officers 
elected  under  this  constitution  shall  enter  upon  the  duties  of  their 
offices  when  they  shall  have  been  declared  duly  elected  by  said  board 
of  commissioners,  and  shall  have  been  duly  qualified.  All  officers 
shall  qualify  and  enter  upon  the  discharge  of  the  duties  of  their 
offices  within  fifteen  days  after  they  have  been  duly  notified  of  their 
election  or  appointment. 

Sec.  11.  Upon  notice  of  the  election  or  appointment  and  qualifica- 
tion of  the  officers  elected  or  appointed  under  this  constitution,  the 
present  incumbents  of  all  State,  county,  and  city  offices  shall  vacate 
the  same  and  turn  over  to  the  officers  so  elected  or  appointed  and 
qualified  hereunder  all  books,  papers,  records,  moneys,  and  documents 
belonging  or  pertaining  to  said  offices  on  application  made  by  the 
officers  elected  or  appointed  and  qualified  under  this  constitution. 

Sec.  12.  Any  person  may  vote  at  the  polls  herein  authorized  for  the 
election  of  officers  and  ratification  of  this  constitution  whom  the 
judges  of  said  election  shall  be  satisfied  by  oath  of  the  person  offering 
to  vote,  and  such  otiier  satisfactory  evidence  as  they  may  require, 
is  a  legally  qualified  elector  under  this  constitiition :  Provided^  The 
judges  of  election  sliall  administer  to  every  i)erson  offering  to  vote  at 
said  election  the  oath  prescribed  in  this  constitution. 


332  A  rkansas—lSOS—1873 

Sec.  V.\.  ill  tlu'  cvciil  (lia(  citlici-  of  tlio  three  commissioners  ap- 
pointed by  section  4  hereof  shouhl  be  a  candidate  for  any  office,  the 
other  two  commissioners  shall  canvass  the  vote  so  far  as  it  relates  to 
that  office,  and  issue  the  certificate  to  the  person  elected. 

Sec,  14.  In  case  of  death  or  any  disability  of  any  niemljer  or  mem- 
bers of  said  board  of  commissioners,  the  remaining  commissioner  or 
commissioners  shall  have  power  to  fill  the  vacancy ;  and  said  com- 
missioner or  commissioners  so  appointed  shall  have  full  power  to 
act  as  thou<ifh  originally  ai)pointed. 

Sec.  15,  Any  person  selling  or  giving  away  intoxicating  liquor  dur- 
ing the  time  of  the  election  herein  provided  for,  shall  be  punished  by 
a  fine  not  less  than  two  Imndred  dollars  for  each  and  every  offense, 
or  imprisonment  not  less  than  six  months,  or  both. 

Sec.  1G,  Said  commissioners  shall  provide  suitable  poll-lxjoks  for 
each  county,  and  such  instructions  as  may  be  necessary  to  carry  into 
effect  the  provisions  of  this  schedule.  Judges  and  clerks  of  election 
thus  appointed  shall  receive  the  same  per  diem  as  the  boards  of  regis- 
ters provided  for  in  the  act  entitled  "An  act  to  provide  for  the  more 
efficient  government  of  the  rebel  States,"  passed  March  second,  eight- 
een hundred  and  sixtv-seven,  and  acts  supplementary  thereto. 

Sec,  17.  The  commissioners  herein  appointed  shall  receive  for  their 
services,  for  each  day  actually  employed,  such  compensation  j)er  day, 
and  allowances,  and  in  such  manner  as  are  now  provided  for  mem- 
bers of  this  convention.  All  expenses  incurred  under  this  schedule, 
not  otherwise  provided  for,  shall  be  paid  out  of  the  appropriation 
for  defraying  the  expenses  of  this  convention. 

Done  in  convention,  at  Little  Rock,  the  eleventh  day  of  February, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-eight, 
and  of  the  Independence  of  the  United  States  the  ninety-second.  In 
witness  whereof  we  have  hereunto  subscribed  our  names. 

Thos.  M.  Bo  wen.  President. 

John  G.  Price,  Secretary. 


AMENDMENT  TO  CONSTITUTION  OF  1868. 
(April   10,   1873) 

Article  YIII 

Section  1.  The  following  class  of  persons  shall  not  be  permitted  to 
register,  vote  or  hold  office  in  this  State : 

First.  Persons  who  may  have  been  convicted  before  any  court  in 
this  State,  or  of  the  United  States,  or  any  other  State  of  any  crime 
punishable  by  law  with  death  or  confinement  in  the  penitentiary: 
Provided.  That  any  person  disfranchised  under  this  section  who  may 
be  j)ard<med  or  his  sentence  commuted.  Such  pardon  or  commuta- 
tion of  sentence  shall  remove  all  disabilities  imposed  by  this  section. 

Second.  Paupers,  idiots  and  insane  persons. 

Sec.  2.  Every  male  person  Avho  has  attained  the  age  of  twenty  one 
years,  and  who  is  a  citizen  of  the  United  States,  or  who  has  legally 
declared  his  intention  to  become  a  citizen  thereof,  who  shall  have 
resided  in  this  State  six  months,  and  in  the  county  in  which  he 
offered  to  vote  ten  days  next  preceding  the  election,  shall  be  deemed 


Arkamas—1874  333 

a  qualified  elector  and  entitled  to  vote,  if  registered,  unless  disquali- 
fied by  some  one  of  the  clauses  of  section  one  of  this  article. 

Sec.  3.  In  all  elections  by  the  peo})le  the  electors  shall  vote  by 
ballot.  The  secrecy  of  the  ballot  shall  be  preserved  inviolate,  and 
the  General  Assembly  shall  provide  laws  for  that  purpose.  On  the 
day  of  an  election  held  by  the  jieople  no  elector  shall  be  subject  to 
arrest  or  any  civil  process.  The  General  Assembly  shall  pass  ade- 
<]natc  laws  to  prevent  the  sale  of  intoxicating  liquors  on  the  day  on 
which  any  election  by  the  people  may  be  held. 

[Submitted  to  the  people  for  ratification  March  3,  1873,  and  de- 
clared ratified  by  proclamation  of  the  Governor  April  19,  1873.  The 
act  of  January  23,  1873,  providing  for  the  submission  of  the  amend- 
ment, declared  that  if  the  amendment  should  be  ratified,  it  should 
be  substituted  and  knoAvn  as  Article  VIII.] 

CONSTITUTION  OF  ARKANSAS— 1874*  « 

rREx\MBLE 

We,  the  people  of  the  State  of  Arkansas,  grateful  to  Almighty 
God  for  the  privilege  of  choosing  our  own  form  of  (jovernment;  for 
our  civil  and  religious  liberty;  and  desiring  to  perpetuate  its  bless- 
ings and  secure  the  same  to  ourselves  and  our  posterity,  do  ordain  and 
establish  this  constitution. 

*  Article  I 

BOIXDARIES 

AVe  do  declare  and  establish,  ratify  and  confirm  the  following  as 
the  permanent  boundaries  of  the  State  of  Arkansas,  that  is  to  say: 
Beginning  at  the  middle  of  the  main  channel  of  the  Mississippi 
River,  on  the  parallel  of  thirty-six  degrees  of  north  latitude,  running 
thence  west  wnth  said  parallel  of  latitude  to  the  middle  of  the  main 
channel  of  the  Saint  Francis  Eiver;  thence  up  the  main  channel  of 
said  last-named  river  to  the  parallel  of  thirty-six  degrees  thirty  min- 
utes of  north  latitude;  thence  west  with  the  southern  boundary-line 
of  the  State  of  Missouri  to  the  southwest  corner  of  said  last-named 
State;  thence  to  be  bounded  on  the  west  to  the  north  bank  of  Red 
River,  as  by  act  of  Congress  and  treaties  existing  January  1,  eighteen 
hundred  and  thirty-seven,  defining  the  western  limits  of  the  Territory 
of  Arkansas,  and  to  be  bounded  across  and  south  of  Red  River  by  the 
boundary-line  of  the  State  of  Texas  as  far  as  to  the  northwest  corner 
of  the  State  of  Louisiana;  thence  easterly  with  the  northern  bound- 
ary-line of  said  last-named  State  to  the  middle  of  the  main  channel 
of  the  Mississippi  River;  thence  up  the  middle  of  the  main  channel 
of  said  last-named  river,  including  an  island  in  said  river  known  as 
"  Belle  Point  Island,"  and  all  other  land  originally  surveyed  and 
included  as  a  part  of  the  Territory  or  State  of  xVrkansas  to  the 
thirty-sixth  degree  of  north  latitude,  the  place  of  beginning. 

*  Verified  from  .Judge  Rose's  edition  of  the  Constitution  of  Arkansas,  1836,  pp. 
18-144. 

«This  constitution  was  framed  by  a  convention  which  assembled  .Tuly  14. 
1874.  It  was  snl)mittod  to  tiie  iK'ople  and  ratifitnl  October  i:{.  1874.  Sec 
hibliosrapliy. 

7251— vol.  1—^)7 24 


334  Arkansas— 1874 

SEAT   OF   (KJVERNMENT 

The  seat  of  government  of  the  State  of  Arkansas  shajl  Ix*  anil 
remain  at  Little  Rot'k,  where  it  is  now  established. 

Article  II 

DECLARATION    OF   RIGHTS 

►Sectiox  1.  All  political  power  is  inherent  in  the  people,  and  gov- 
ernment is  instituted  for  their  protection,  security,  and  benetit;  and 
they  have  the  right  to  alter,  refoVm,  or  abolish  the  same  in  such 
manner  as  they  may  think  proper. 

Sec.  2.  All  men  are  created  equally  free  and  independent,  and 
have  certain  inherent  and  inalienable  rights;  amongst  which  are 
those  of  enjoying  and  defending  life  and  liberty;  of  acquiring,  pos- 
sessing, and  protecting  property  and  reputation ;  and  of  pui^suing 
their  own  happiness.  To  secure  these  rights  governments  are  insti- 
tuted among  men,  deriving  their  just  powers  from  the  consent  of  the 
governed. 

Sec.  3.  The  equality  of  all  persons  before  the  law  is  recognized, 
and  shall  ever  remain  inviolate ;  nor  shall  any  citizen  ever  be  deprived 
of  any  right,  privilege,  or  immunity,  nor  exempted  from  any  burden 
or  duty,  on  account  of  race,  color,  or  previous  condition. 

Sec.  4.  The  right  of  the  people  peaceably  to  assemble,  to  consult 
for  the  common  good,  and  to  petition,  by  address  or  remonstrance, 
the  government,  or  any  department  thereof,  shall  never  be  abridged. 

Sec.  5.  The  citizens  of  this  State  shall  have  the  right  to  keep  and 
bear  arms,  for  their  common  defense. 

Sec.  6.  The  liberty  of  the  press  shall  forever  remain  inviolate. 
The  free  communication  of  thoughts  and  opinions  is  one  of  the  inval- 
uable rights  of  man;  and  all  persons  may  freely  write  and  publish 
their  sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 
such  right.  In  all  criminal  prosecutions  for  libel,  the  truth  may  be 
given  in  evidence  to  the  jury;  and  if  it  shall  apf>ear  to  the  jury  that 
the  matter  charged  as  libelous  is  true,  and  was  published  with  good 
motives  and  for  justifiable  ends,  the  partv  charged  shall  be  acquitted. 

Sec.  7.  The  right  of  trial  bv  jury  shall  remain  inviolate,  and  shall 
extend  to  all  cases  at  law,  without  regard  to  the  amount  in  contro- 
versy; but  a  jury-trial  may  be  waived  by  the  parties  in  all  cases,  in 
the  manner  prescribed  by  law. 

Sec.  8.  No  person  shall  l^e  held  to  answer  a  criminal  charge  unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases  of 
imi^eachment,  or  cases  such  as  the  general  assembly  shall  make  cog- 
nizable by  justices  of  the  peace,  and  courts  of  similar  jurisdiction; 
or  cases  arising  in  the  Army  and  Navy  of  the  United  States;  or  in 
the  militia,  when  in  actual  service  in  time  of  war  or  public  danger; 
and  no  person,  for  the  same  offense,  shall  Ix^  twice  ])ut  in  jeopardy  of 
life  or  lil)erty:  but  if  in  any  criminal  ])rosecution  the  jurv  be  divided 
in  opinion,  the  court  Ix'fore  which  the  trial  shall  1k^  had  may,  in  its 
discretion,  discharge  the  jury,  and  commit  or  bail  the  accused  for 
trial,  at  the  same  or  the  next  term  of  said  court;  nor  shall  any  per- 
son be  compelled,  in  any  criminal  case,  to  l>e  a  Avitness  against  him- 
self; nor  be  deprived  of  life,  liberty  or  projx?rty  without  due  process 


Arkansas— 1874  335 

ui  law.  All  persons  shall,  before  conviction,  be  bailable  by  siillieienl 
sureties,  except  for  capital  offenses,  when  the  proof  is  evident  or  the 
presumption  great. 

Sec.  !).  Excessive  bail  shall  not  be  required,  nor  shall  excessive  fines 
be  imposed;  nor  shall  cruel  or  unusual  punishments  be  inflicted;  nor 
witnesses  be  nnreasonably  detained. 

Sec.  10.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  county 
in  which  the  crime  shall  have  been  committed:  Pro  ended,  That  the 
venue  may  be  changed  to  any  other  county  of  the  judicial  district  in 
which  the  indictment  is  found,  upon  the  application  of  the  accused, 
in  such  manner  as  now  is,  or  may  be  prescribed  by  law  ;  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  against  him,  and 
to  have  a  copy  thereof;  and  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  witnesses  in 
his  favor;  and  to  be  heard  by  himself  and  his  counsel. 

Sec.  11.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended ;  except  by  the  general  assembly,  in  case  or  rebellion,  insur- 
rection, or  invasion,  when  the  public  safety  may  require  it. 

Sec.  12.  No  power  of  suspending  or  setting  aside  the  law  or  laws 
of  the  State,  shall  ever  be  exercised,  except  by  the  general  assembly. 

Sec.  13.  Every  person  is  entitled  to  a  certain  remedy  in  the  laws 
for  all  injuries  or  Avrongs  he  may  receive  in  his  person,  property  or 
character;  he  ought  to  obtain  justice  freely,  and  Avithout  purchase; 
completely  and  Avithout  denial;  j)romptly  and  Avithout  delay;  con- 
formably to  the  laAvs. 

Sec.  14.  Treason  against  the  State  shall  only  consist  in  levying  and 
making  Avar  against  the  same,  or  in  adhering  to  its  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  tAvo  a\  itnesses  to  the  same  overt  act,  or  on  con- 
fession in  open  court. 

Sec.  15.  The  right  of  the  people  of  this  State  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated ;  and  no  Avarrant  shall  issue,  except  upon 
])r<)bablc  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  person  or  thing  to  be 
seized. 

Sec.  16.  No  person  shall  be  imprisoned  for  debt  in  au}'^  civil  action, 
on  mesne  or  final  process,  unless  in  cases  of  fraud. 

Sp:c.  17.  No  bill  of  attainder,  ex  post  facto  laAv,  or  laAv  impairing 
the  obligation  of  contracts  shall  ever  be  passed ;  and  no  conviction 
shall  Avork  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  18.  The  general  assembly  shall  not  grant  to  any  citizen,  or 
class  of  citizens,  privileges  or  immunities  which,  upon  the  same  terms, 
shall  not  equally  belong  to  all  citizens. 

Sec.  19.  Perpetuities  and  monopolies  are  contrary  to  the  genius  of 
a  republic,  and  shall  not  be  alloAved;  nor  shall  any  hereditary  emolu- 
ments, privileges  or  honors  ever  be  granted  or  conferred  in  this  State. 

Sec.  20.  No  distinction  shall  ever  be  made  by  hnv,  betAveen  resident 
aliens  and  citizens,  in  regard  to  the  possession,  enjoyment,  or  descent 
of  property. 

Sec.  21.  No  ])erson  shall  be  taken  or  imprisoned,  or  disseized  of  his 
estate,  freehold,  liberties  or  privileges;  or  outhiAved,  or  in  any  maimer 
destroyed,  or  deprived  of  his  life,  literty,  or  property,  except  by  the 


33()  Arkansas — 1874 

judgment  of  his  j^eers,  or  the  hiw  of  the  land;  nor  shall  any  pei-son, 
under  any  circumstances,  l)e  exiled  from  the  State. 

Sec.  22.  The  rijj^ht  of  property  is  Ix'fore  and  higher  than  any  con- 
stitutional sanction;  and  private  property  shall  not  Ix^  taken,  appro- 
priated, or  damaged  for  public  use,  without  just  compensation  there- 
for. 

Sec.  23.  The  State's  ancient  right  of  eminent  domain,  and  of  ta.xa- 
tion,  is  herein  fully  and  expressly  conceded;  and  the  general  assembly 
may  delegate  the  taxing  power,  with  the  necessary  restriction,  to  the 
State's  subordinate,  political,  and  municipal  corporations,  to  the 
extent  of  providing  for  their  existence,  maint<?nance  swid  well-being, 
but  no  further. 

Sec.  24.  All  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences;  no 
man  can  of  right  be  compelled  to  attend,  erect,  or  support  any  place 
of  worship,  or  to  maintain  any  ministry  against  his  consent.  No 
human  authority  can,  in  any  case  or  manner  whatsoever,  control  or 
interfere  with  the  right  of  conscience;  and  no  preference  shall  ever 
be  given  by  law  to  any  religious  establishment,  denomination,  or 
mode  of  worship  above  any  other. 

Sec.  25.  Religion,  morality,  and  knowledge  being  essential  to  good 
government,  the  general  assembly  shall  enact  suitable  laws  to  pro- 
tect every  religious  denomination  in  the  peaceable  enjoyment  of  its 
own  mode  of  public  worship. 

Sec.  26.  No  religious  test  shall  ever  be  required  of  any  person  as  a 
qualification  to  vote  or  hold  office;  nor  shall  any  person  be  rendered 
incompetent  to  be  a  witness  on  account  of  his  religious  belief;  but 
nothing  herein  shall  be  construed  to  dispense  with  oaths  or 
affirmations. 

Sec.  27.  There  shall  be  no  slavery  in  this  State,  nor  involuntary 
servitude,  except  as  a  punishment  for  crime.  No  standing  army 
shall  be  kept  in  time  of  peace;  the  military  shall  at  all  times  be  in 
strict  sulwrdination  to  the  civil  power;  and  no  soldier  shall  be  quar- 
tered in  any  house  or  on  any  premises  without  the  consent  of  the 
owner  in  time  of  j^eace ;  nor  in  time  of  war,  except  in  a  manner  pre- 
scribed by  law. 

Sec.  28.  All  lands  in  this  State  are  declared  to  be  allodial;  and 
feudal  tenure  of  every  description,  with  all  their  incidents,  are 
prohibited. 

Sec.  21).  This  enumeration  of  rights  shall  not  be  construed  to  deny 
or  disparage  others  retained  by  the  people;  and  to  guard  against  any 
encroachments  on  the  rights  herein  retained,  or  any  transgression  of 
any  of  the  higher  j)owers  herein  delegated,  we  declare  that  every- 
thing in  this  article  is  excepted  out  of  the  general  powers  of  the  gov- 
ernment, and  shall  forever  remain  inviolate;  and  that  all  laws  con- 
trary thereto,  or  to  the  other  provisions  herein  contained,  shall  be 
void. 

Article  III 

FRANCHISE  AND  ELECTIONS 

Section  1.  Every  male  citizen  of  the  United  States,  or  male  per- 
son who  has  declared  his  intention  of  l^ecoming  a  citizen  of  the  same, 
of  the  age  of  twenty-one  years,  who  has  resided  in  the  State  twelve 


Arkansas— 1874  337 

months,  and  in  the  county  six  months,  and  in  the  voting  precinct  or 
ward  one  month,  next  preceding  any  election,  where  he  may  propose 
to  vote,  shall  be  entitled  to  vote  at  all  elections  by  the  people. 

Sec.  2.  Elections  shall  be  free  and  equal.  No  power,  civil  or  mili- 
tary, shall  ever  interfere  to  prevent  the  free  exercise  of  the  right  of 
suffrage;  nor  shall  any  law  be  enacted  whereby  the  right  to  vote  at 
any  election  shall  be  made  to  depend  upon  any  previous  registra- 
tion of  the  elector's  name;  or  whereby  such  right  shall  be  impaired 
or  forfeited,  except  for  the  commission  of  a  felony  at  common  law, 
upon  lawfid  conviction  thereof. 

Sec.  3.  All  elections  by  the  people  shall  be  by  ballot.  Every  ballot 
shall  be  numbered  in  the  order  in  which  it  shall  be  received,  and  the 
number  recorded  by  the  election  officers,  on  the  list  of  voters,  opposite 
the  name  of  the  elector  who  presents  the  ballot.  The  election  officers 
shall  be  sworn  or  affirmed  not  to  disclose  how  any  elector  shall  have 
voted,  unless  required  to  do  so  as  witnesses  in  a  judicial  proceeding, 
or  a  proceeding  to  contest  an  election. 

Sec.  4.  Electors  shall  in  all  cases  (except  treason,  felony,  and 
breach  of  the  peace)  be  privileged  from  arrest  during  their  attend- 
ance at  elections,  and  ^oing  to  and  from  the  same. 

Sec.  5.  No  idiot  or  msane  person  shall  be  entitled  to  the  privileges 
of  an  elector. 

Sec.  6.  Any  person  who  shall  be  convicted  of  fraud,  bribery,  or 
other  wilful  and  corrupt  violation  of  any  election  law  of  this  State, 
shall  be  adjudged  guilty  of  a  felony,  and  disqualified  from  holding 
any  office  of  trust  or  profit  in  this  State. 

Sec.  T.  No  soldier,  sailor,  or  marine,  in  the  military  or  naval  service 
of  the  United  States,  shall  acquire  a  residence  by  reason  of  being 
stationed  on  duty  in  this  State. 

Sec.  8.  The  general  elections  shall  be  held  biennially,  on  the  first 
Monday  of  September;  but  the  general  assembly  may  by  law  fix  a 
different  time. 

Sec.  9.  In  trials  of  contested  elections  and  in  proceedings  for  the 
investigation  of  elections,  no  person  shall  be  permitted  to  withhold 
h*is  testimony  on  the  ground  that  it  may  criminate  himself,  or  sub- 
ject him  to  public  infamy;  but  such  testimony  shall  not  be  used 
against  him  in  any  judicial  proceeding,  except  for  perjury  in  giving 
such  testimony. 

Sec.  10.  No  person  shall  be  qualified  to  serve  as  an  election  officer, 
who  shall  hold,  at  the  time  of  the  election,  any  office,  appointment, 
or  employment  in  or  under  the  Government  of  the  United  States,  or 
of  this  State,  or  in  any  city  or  county,  or  any  municipal  board,  com- 
mission or  trust,  in  any  city,  save  only  the  justices  of  the  peace  and 
aldermen,  notaries  public,  and  persons  in  the  militia  service  of  the 
State.  Nor  shall  any  election  officer  be  eligible  to  any  civil  office  to 
be  filled  at  an  election  at  which  he  shall  serve,  save  only  to  such  sub- 
ordinate municipal  or  local  offices,  below  the  grade  of  city  or  county 
officers,  as  shall  be  designated  by  general  law. 

Sec.  11.  If  the  officers  of  any  election  shall  unlawfully  refuse  or 
fail  to  receive,  count,  or  return  the  vote  or  ballot  of  any  qualified 
elector,  such  vote  or  ballot  shall  nevertheless  be  counted  upon  the 
trial  of  any  contest  arising  out  of  said  election. 

Sec.  12.  AH  elections  by  persons  acting  in  a  representative  capacity 
shall  be  viva  voce. 


338  Arkansas— 1S74 

Akticle  IV 

DEPARTMENT 

Section  1.  The  powers  of  the  government  of  the  State  of  Arkansas 
shall  be  divided  into  three  distinct  departments,  each  of  them  to  be 
confided  to  a  separate  body  of  magistracy,  to  wit:  'J'hose  which  are 
legislative,  to  one;  those  which  are  executive,  to  another;  and  those 
which  are  judicial,  to  another. 

Sec.  2.  No  person  or  collection  of  persons,  l^eing  of  one  of  these 
departments,  shall  exercise  any  power  l)elonging  to  either  of  the 
others,  except  in  the  instances  hereinafter  expressly  directed  or  per- 
mitted. 

Article  V 

LEGISLATIVE 

Section  1.  The  legislative  power  of  this  State  shall  l)e  vested  in  a 
General  Assembly,  which  shall  consist  of  the  senate  and  house  of 
representatives. 

Sec.  2.  The  house  of  representatives  shall  consist  of  members  to 
be  chosen  every  second  year  by  the  qualified  electors  of  the  several 
counties. 

Sec.  8.  The  senate  shall  consist  of  members  to  be  chosen  every  four 
years  by  the  qualified  electors  of  the  several  districts.  At  the  first 
session  of  the  senate,  the  senators  shall  divide  themselves  into  two 
classes,  by  lot,  and  the  first  class  shall  hold  their  places  for  two  years 
only,  after  Avhich  all  shall  be  elected  for  four  years. 

Sec.  4.  No  person  shall  be  a  senator  or  representative,  who,  at  the 
time  of  his  election,  is  not  a  citizen  of  the  United  States,  nor  any 
one  Avho  has  not  been  for  two  years  next  preceding  his  election,  a 
resident  of  this  State,  and  for  one  year  next  preceding  his  election, 
a  resident  of  the  county  or  district  whence  he  may  be  chosen.  Sena- 
tors shall  be  at  least  twenty-five  years  of  age,  and  representatives  at 
least  twenty-one  years  of  age. 

Sec.  5.  The  general  assembly  shall  meet  at  the  seat  of  government 
every  two  years,  on  the  first  Tuesdav  after  the  second  Monday  in 
November,  until  said  time  be  altered  by  law. 

Sec.  6.  The  governor  shall  issue  writs  of  election,  to  fill  such  vacan- 
cies as  shall  occur  in  either  house  of  the  general  assembly. 

Sec.  7.  No  judge  of  the  supreme,  circuit  or  inferior  courts  of  law 
or  equity.  Secretary  of  state,  attorney-general  for  the  State,  auditor 
or  treasurer,  recorder.  Clerk  of  any  court  of  record,  sherilf,  coroner, 
member  of  Congress,  nor  any  other  person  holdinoj  any  lucrative  office 
under  the  United  States  or  this  State,  (militia  officers,  justices  of  the 
peace,  postmasters,  officers  of  public  schools,  and  notaries  excepted,) 
shall  be  eligible  to  a  seat  in  either  house  of  the  general  assembly. 

Sec.  8.  No  person  who  now  is,  or  shall  be  hereafter,  a  collector  or 
holder  of  public  money,  nor  any  assistant  or  deputy  of  such  holder  or 
collector  of  public  money,  shall  be  eligible  to  a  seat  in  either  house  of 
the  general  assembly,  nor  to  any  office  of  trust  or  profit,  until  he  shall 
have  accounted  for  and  paid  over  all  sums  for  which  he  may  have 
been  liable. 


Arkansas— 1874  339 

Sec.  9.  No  person  hereafter  convicted  of  embezzlement  of  public 
money,  bribery,  forgery,  or  other  infamous  crime,  shall  be  eligible  to 
the  general  assembly,  or  capable  of  holding  any  office  of  trust  or 
profit  in  this  State. 

Sec.  10.  No  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  or  elected  to  any  civil 
office  under  this  State. 

Sec.  11.  Each  house  shall  appoint  its  own  officers,  and  shall  be  sole 
judge  of  the  qualifications,  returns,  and  elections  of  its  own  members. 
A  majority  oi  all  the  members  elected  to  each  house  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members  in  such  manner 
and  under  such  penalties  as  each  house  shall  provide. 

Sec.  12.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  punish  its  members  or  other  persons  for  contempt  or 
disorderl}'  behavior  in  its  presence;  enforce  obedience  to  its  process; 
to  protect  its  members  against  violence  or  offers  of  bribes,  or  private 
solicitations;  and,  with  the  concurrence  of  two-thirds,  expel  a  mem- 
ber; but  not  a  second  time  for  the  same  cause.  A  member  expelled 
for  corruption  shall  not  thereafter  be  eligible  to  either  house,  and 
punishment  for  contempt  or  disorderly  behavior  shall  not  bar  an 
indictment  for  the  same  offence.  Each  house  shall  keep  a  journal  of 
its  proceedings,  and,  from  time  to  time,  publish  the  same,  except  such 
parts  as  require  secrecy ;  and  the  yeas  and  nays  on  any  question  shall, 
at  the  desire  of  any  five  members,  be  entered  on  the  journals. 

Sec.  13.  The  sessions  of  each  house  and  of  committees  of  the  whole 
shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept 
secret. 

Sec.  14.  Whenever  an  officer,  civil  or  military,  shall  be  appointed 
by  the  joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote 
or  either  house  of  the  general  assembly,  the  vote  shall  be  taken  viva 
voce,  and  entered  on  the  journals. 

Sec.  15.  The  members  of  the  general  assembly  shall,  in  all  cases 
except  treason,  felony,  and  breach  or  surety  of  the  peace,  be  privi- 
leged from  arrest  during  their  attendance  at  the  sessions  of  their  re- 
spective houses,  and  in  going  to  and  returning  from  the  same;  and 
for  any  speech  or  debate  in  either  house  they  shall  not  be  questioned 
in  any  other  place. 

Sec.  16.  The  members  of  the  general  assembly  shall  receive  such 
per  diem  pay  and  mileage  for  their  services  as  shall  be  fixed  by  law. 
No  member  of  either  house  shall,  during  the  term  for  which  he  has 
been  elected,  receive  any  increase  of  pay  for  his  services  under  any 
law  passed  during  such  term.  The  term  of  all  members  of  the  gen- 
eral assembly  shall  begin  on  the  day  of  their  election. 

Sec.  17.  The  regular  biennial  sessions  shall  not  exceed  sixty  days 
in  duration,  unless  by  a  vote  of  two-thirds  of  the  members  elected  to 
each  house  of  said  general  assembly :  Provided,  That  this  section  shall 
not  apply  to  the  first  session  of  the  general  assembly  under  this  consti- 
tution, or  when  impeachments  are  pending. 

Sec.  18.  Each  house,  at  the  beginning  of  every  regular  session  of 
the  general  assembly,  and  w^henever  a  vacancy  may  occur,  shall  elect 
from  its  members  a  presiding  officer,  to  be  styled,  respectively,  the 
president  of  the  senate  and  the  speaker  of  the  house  of  representa- 
tives ;  and  whenever,  at  the  close  of  any  session,  it  may  appear  that 


340  Arkonms—1874 

the  term  of  the  meml)or  elected  president  of  the  senate  will  expire 
before  the  next  regular  session,  the  senate  shall  elect  another  president 
from  those  meml)ers  whose  terms  of  oflice  continue  over,  who  shall 
qualify  and  remain  jiresident  of  the  senate  until  his  successor  may  be 
elected  and  (luaiified;  and  who,  in  the  case  of  a  vacancy  in  the  oflice 
of  governor,  shall  ])erform  the  duties  and  exercise  the  powers  of  gov- 
ernor as  elsewhere  herein  j)rovided. 

Sec.  11).  The  style  of  the  laws  of  the  State  of  Arkansas  shall  1k': 
"  Be  it  enacted  by  the  general  assembly  of  the  State  of  Arkansas.'' 

Sec.  )iO.  The  State  of  Arkansas  shall  never  be  made  defendant  in 
any  of  her  courts. 

Sec.  21.  No  law  shall  he  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. 

Sec.  22.  Every  bill  shall  be  road  at  length,  on  three  different  days, 
in  each  House;  uidess  the  rules  be  susi)ended  by  two-thirds  of  the 
house,  when  the  same  may  be  read  a  second  or  third  time  on  the  same 
day;  and  no  bill  shall  become  a  law  unless,  on  its  final  passage,  the 
vote  be  taken  by  yeas  and  nays;  the  names  of  the  j^ersons  voting 
for  and  against  the  same  be  entered  on  the  journal ;  and  a  majority 
of  each  House  be  recorded  thereon  as  voting  in  its  favor. 

Sec.  23.  No  law  shall  be  levived,  amended,  or  the  i)rovisions 
thereof  extended  or  conferred,  l)v  reference  to  its  title  oidy;  but  so 
much  therof  as  is  revived,  amended,  extended  or  conferred,  shall  be 
re-enacted  and  published  at  length. 

Sec.  24.  The  general  assembly  shall  not  pass  any  local  or  special 
law  changing  the  venue  in  criminal  cases;  changing  the  names  of 
persons,  or  adopting  or  legitimating  children;  granting  divorces; 
vacating  roads,  streets,  or  alleys. 

Sec.  2;").  In  all  cases  where  a  general  law  can  be  made  applicable, 
no  special  law  shall  be  enacted;  nor  shall  the  operation  of  any  general 
law  be  suspended  by  the  Ix'gislature  for  the  benefit  of  any  particular 
individual,  corporation,  or  association,  nor  where  the  courts  have 
jurisdiction  to  grant  the  powers,  or  the  privileges,  or  the  relief  asked 
for. 

Sec.  2G.  No  local  or  special  bill  shall  be  passed,  unless  notice  of 
the  intention  to  apply  therefor,  shall  have  been  published,  in  the 
locality  where  the  matter  or  the  thing  to  be  affected  may  be  situated; 
which  notice  shall  be  at  least  thirty  days  prior  to  the  introduction 
into  the  general  assembly  of  such  bdl,  and  in  the  manner  to  be  pro- 
vided by  law.  The  evidence  of  such  notice  having  been  published, 
shall  be  exhibited  in  the  general  assembly  before  such  act  shall  be 
passed. 

Sec.  27.  No  extra  compensation  shall  be  made  to  any  officer,  agent, 
employe  or  contractor,  alter  the  service  shall  have  been  rendered,  or 
the  contract  made;  nor  shall  any  money  be  appropriated  or  paid  on 
any  claim,  the  subject-matter  of  which  shall  not  have  l^een  provided 
for  by  pre-existing  laws;  unless  such  compensation  or  claim,  l>e 
allowed  by  bill  passed  by  two-thirds  of  the  members  elected  to  each 
branch  of  the  general  assembly. 

Sec.  28.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days:  nor  to  any  other  place  than  that 
in  which  the  two  Houses  shall  lie  sitting. 


Arkansas— 1874  341 

Sec.  29.  No  money  shall  be  drawn  from  the  treasury  except  in 
pursuance  of  specific  appropriation  made  by  law,  the  purpose  of 
which  shall  be  distinctly  stated  in  the  bill ;  and  the  maximum  amount 
which  may  be  drawn  shall  be  specified  in  dollars  and  cents;  and  no 
approi^riations  shall  be  for  a  longer  period  than  two  years. 

8ec.  80.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  executive,  legislative, 
and  judicial  departments  of  the  State;  all  other  appropriations  shall 
be  made  by  separate  bills,  each  embracing  but  one  subject. 

Sec.  31.  No  State  tax  shall  be  allowed,  or  appropriation  of  money 
made,  except  to  raise  means  for  the  payment  of  the  just  debts  of  the 
State,  for  defraying  the  necessary  expenses  of  the  government,  to 
sustain  common  schools,  to  repel  invasion,  and  suppress  insurrection, 
except  by  a  majority  of  two  thirds  of  both  Houses  of  the  General 
assembly. 

Sec.  32.  No  act  of  the  General  Assembly  shall  limit  the  amount  to 
be  recovered  for  injuries  resulting  in  death,  or  for  injuries  to  persons 
or  property;  and,  in  case  of  death  from  such  injuries,  the  right  of 
action  shall  survive,  and  the  General  Assembly  shall  prescribe  for 
whose  benefit  such  action  shall  be  prosecuted. 

Sec.  33.  No  obligation  or  liability  of  any  railroad,  or  other  cor- 
poration held  or  owned  by  this  State,  shall  ever  be  exchanged,  trans- 
ferred, remitted,  postponed,  or  in  any  way  diminished  by  the  general 
assembly;  nor  shall  such  liability  or  obligation  be  released,  except 
by  payment  thereof  into  the  State  treasury. 

Sec.  34.  No  new  bill  shall  be  introduced  in  either  house  during  the 
last  three  days  of  the  session. 

Sec.  35.  Any  person  who  shall,  directly  or  indirectly,  offer,  give,  or 
promise  any  money,  or  thing  of  value,  testimonial,  privilege,  or  per- 
sonal advantage,  to  any  executive  or  judicial  officer  or  member  of  the 
general  assembly;  and  any  such  executive  or  judicial  officer  or  mem- 
ber of  the  general  assembly  who  shall  receive  or  consent  to  receive 
any  such  consideration,  either  directly  or  indirectly,  to  influence  his 
action  in  the  performance  or  non-performance  of  his  public  or  official 
duty,  shall  be  guilty  of  a  felony,  and  be  punished  accordingly. 

Sec.  36.  Proceedings  to  expel  a  member  for  a  criminal  offence, 
whether  successful  or  not,  shall  not  bar  an  indictment  and  punish- 
ment, under  the  criminal  laws,  for  the  same  offence. 

Article  VI 

executive  departments 

Section  1.  The  executive  department  of  this  State  shall  consist  of 
a  governor,  secretary  of  state,  treasurer  of  state,  auditor  of  state,  and 
attorney -general ;  all  of  whom  shall  keep  their  offices  in  person  at  the 
seat  of  government,  and  hold  their  offices  for  the  term  of  two  years 
and  until  their  successors  are  elected  and  qualified;  and  the  general 
assembly  may  provide  by  law  for  the  establishment  of  the  office  of 
commissioner  of  State  lands. 

Sec.  2.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  a  chief  magistrate,  who  shall  be  styled  "  the  governor  of  the  State 
of  Arkansas." 


342  Arkansas— 1874 

Sec.  3.  The  governor,  secret arv  of  state,  treasurer  of  state,  auditor 
of  state,  and  attoniey-ffeiu'ral  shall  Ix?  elected  hv  the  (jualifietl  electors 
of  the  State  at  large,  at  the  time  and  j)laces  of  voting  for  njcnihers 
of  the  general  assembly;  the  returns  of  each  election  therefor  shall 
be  sealed  up  separately  and  transmitted  to  the  seat  of  government 
by  the  returning  officers,  and  directed  to  the  speaker  of  the  house  of 
rcjjiescntatives,  who  shall,  durijig  the  first  week  of  the  session,  open 
and  j)ublish  the  votes  cast  and  given  for  each  of  the  respective 
officers  hereinln'fore  mentioned,  in  the  presence  of  lK)th  houses  of  the 
general  assembly.  The  person  having  the  highest  nnmlx'r  of  votes, 
for  each  of  the  respective  offices,  sliall  be  declared  duly  elected 
thereto;  but  if  two  or  more  shall  l)e  equal,  and  highest  in  votes  for 
the  same  office,  one  of  them  shall  1k»  chosen  by  the  joint  vote  of  lx)th 
houses  of  the  general  assembly,  and  a  majority  of  all  the  members 
elected  shall  be  necessary  to  a  choice. 

Sec.  4.  Contested  elections  for  governor,  secretary  of  state,  treas- 
urer of  state,  auditor  of  state,  and  attorney-general  shall  I)e  deter- 
mined by  the  members  of  both  houses  of  the  general  assembly,  in 
joint  session,  who  shall  have  executive  jurisdiction  in  trying  and 
determining  the  same,  except  as  hereijiafter  provided  in  the  case  of 
special  elections;  and  all  such  contests  shall  he  tried  and  determined 
at  the  first  session  of  the  general  assembly  after  the  election  in  which 
the  same  shall  have  arisen. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  governor  except 
a  citizen  of  the  United  States,  who  shall  have  attained  the  age  of 
thirty  years  and  shall  have  been  seven  years  a  resident  of  this  State. 

Sec.  G.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  this  State,  except  when  they  shall  be  called  into 
the  actual  service  of  the  United  States. 

Sec.  7.  He  may  require  information,  in  writing,  from  the  officers 
of  the  executive  department,  on  any  subject  relating  to  the  duties 
of  their  respective  offices,  and  shall  see  that  the  laws  are  faithfully 
executed. 

Sec.  8.  He  shall  give  to  the  general  assembly  from  time  to  time, 
and  at  the  close  of  his  official  term  to  the  next  general  assembly, 
information,  by  message,  concerning  the  condition  and  government 
of  the  State,  and  recommend  for  their  consideration  such  measures 
as  he  may  deem  expedient. 

Sec.  9.  A  seal  oi  the  State  shall  be  kept  by  the  governor,  used  by 
him  officially,  and  called  the  "  Great  Seal  of  the  State  of  Arkansas." 

Sec.  10.  All  grants  and  commissions  .shall  Ih»  issued  in  the  name, 
and  by  the  authoritv  of  the  State  of  Arkan.sas;  sealed  with  the  great 
H'al  of  the  State;  signed  by  the  (xovernor,  and  attested  by  the  secre- 
tary of  state. 

Skc.  11.  No  member  of  Congress,  or  other  person  holding  office 
under  the  authority  of  this  State,  or  of  the  United  States,  shall  exer- 
cise the  office  of  Governor,  except  as  herein  provided. 

Sec.  1*2.  In  ca.se  of  the  death,  conviction  on  impeachment,  failure  to 
qualify,  resignation,  absence  from  the  State,  or  other  disability  of  the 
Governor,  the  powers,  duties  and  emoluments  of  the  office  for  the 
remainder  of  the  term,  or  until  the  disability  be  lemoved,  or  a  gov- 
ernor elected  and  qualified,  shall  devolve  upon,  and  accrue,  to  the 
president  of  the  Senate. 


Arkansas— 1874-  343 

Sec.  13.  If,  during  tlio  vacancy  of  the  office  of  Governor,  the  presi- 
dent of  the  Senate  shall  be  impeached,  removed  from  office,  refuse  to 
qualify,  resign,  die,  or  be  absent  from  the  State,  the  speaker  of  the 
house  of  representatives  shall,  in  like  manner,  administer  the 
government. 

Sec.  14.  Whenever  the  office  of  Governor  shall  become  vacant  bv 
death,  resignation,  removal  from  office  or  otherwise,  provided  such 
vacancy  shall  not  happen  within  twelve  months  next  before  the  expi- 
ration of  the  term  of  office  for  which  the  late  governor  shall  have  been 
elected,  the  president  of  the  senate  or  speaker  of  the  house  of  repre- 
sentatives, as  the  case  may  be,  exercising  the  powers  of  governor  for 
the  time  being,  shall,  immediately  cause  an  election  to  be  held  to  fill 
such  vacancy,  giving  by  proclamation  sixty  days'  previous  notice 
thereof;  which  election  shall  be  governed  by  the  same  rules  prescribed 
for  general  elections  of  governor  as  far  as  applicable;  the  returns 
shall  be  made  to  the  secretary  of  state,  and  the  acting  Governor,  secre- 
tary, of  state  and  attorney-general  shall  constitute  a  board  of  can- 
vassers, a  majority  of  whom  shall  compare  said  returns,  and  declare 
who  is  elected ;  and  if  there  be  a  contested  election,  it  shall  be  decided 
as  may  be  provided  l)y  law. 

Sec.  15.  Every  bill  w^hich  shall  have  passed  both  houses  of  the  gen- 
eral assembly  shall  be  presented  to  the  governor;  if  he  approve  it,  he 
shall  sign  it ;  but  if  he  shall  not  approve  it,  he  shall  return  it,  with 
his  objections,  to  the  house  in  which  it  originated ;  which  house  shall 
enter  the  objections  at  large  upon  their  journal,  and  proceed  to  recon- 
sider it.  If,  after  such  reconsideration,  a  majority  of  the  whole  num- 
ber elected  to  that  house,  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
with  the  objections,  to  the  other  house ;  by  which,  likewise,  it  shall  be 
reconsidered,  and;  if  approved  by  a  majority  of  the  whole  number 
elected  to  that  house,  it  shall  be  a  law ;  but  in  such  cases  the  votes  of 
both  houses  shall  be  determined  •  by  "  yeas  and  nays,"  and  the  names 
of  the  members  voting  for  or  against  the  bill,  shall  be  entered  on  the 
journals.  If  any  bill  shall  not  be  returned  by  the  governor  within 
five  days,  Sundays  excepted,  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it;  unless 
the  general  assembly,  by  their  adjournment,  prevent  its  return ;  in 
which  case  it  shall  become  a  law,  unless  he  shall  file  the  same,  with 
his  objections,  in  the  office  of  the  secretary  of  state,  and  give  notice 
thereof,  by  public  proclamation,  within  twenty  days  after  such 
adjournment. 

Sec.  10.  Every  order  or  resolution  in  which  the  concurrence  of  both 
houses  of  the  general  assembly  may  be  necessary,  except  on  questions 
of  adjournment,  shall  be  presented  to  the  governor,  and,  before  it 
shall  take  effect,  be  approved  by  him ;  or,  being  disapproved,  shall  be 
repassed  by  both  houses,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Sec.  17.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items,  of  any  bill  making  appropriation  of  money,  embracing  dis- 
tinct items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the 
law;  and  the  item  or  items  of  api)ropriati(ms  disapproved,  shall  l)e 
void  unless  repassed  according  to  the  rules  and  limitations  prescril)ed 
for  the  passage  of  other  bills  over  the  executive  veto. 


344  Arkansas— 1S74 

Sec.  18.  In  all  criminal  and  penal  cases,  except  in  those  <»f  tieason 
and  impeachment,  the  governor  shall  have  power  to  grant  reprieves, 
commutations  of  sentence,  and  pardons,  after  conviction;  and  to 
remit  fines  and  forfeitures,  under  such  rules  and  regulations  as  shall 
l)e  prescribed  hv  law.  In  cases  of  treason,  he  shall  have  power,  by  and 
with  the  advice  and  consent  of  the  Senate,  to  grant  reprieves  and  par- 
dons; and  he  may,  in  the  recess  of  the  senate,  respite  the  sentence 
until  the  adjournment  of  the  next  regular  session  of  the  general 
assembly.  lie  shall  comnnniicate  to  the  general  assembly  at  every 
regular  session  each  case  of  reprieve,  connnutation,  or  pardon,  with 
his  reasons  therefor,  stating  the  name  and  crime  of  the  convict,  the 
sentence,  its  date,  and  the  date  of  the  commutation,  pardon,  or 
reprieve. 

Sec.  10.  The  governor  may,  by  proclamation,  on  extraordinary  oc- 
casions, convene  the  general  assembly  at  the  seat  of  government,  or 
at  a  different  place,  if  that  shall  have  l)ecome,  since  their  last  ad- 
journment, dangerous  from  an  enemy  or  contagious  disease;  and  he 
shall  specify  in  his  proclamation  the  purpose  for  which  they  are  con- 
vened, and  no  other  business  than  that  set  forth  therein  shall  ho 
transacted  until  the  same  shall  have  Ix'en  disposed  of:  after  whicli 
they  may,  by  a  vote  of  two-thirds  of  all  the  meml)ers  elected  to  l>oth 
houses,  entered  upon  their  journals,  remain  in  session  not  exceeding 
fifteen  days. 

Sec.  20.  In  cases  of  disagreement  between  the  two  houses  of  the 
general  assembly,  at  a  regular  or  sj^ecial  session,  with  respect  to  the 
time  of  adjournment,  the  governor  may,  if  the  facts  1k'  certified  to 
him  by  the  presiding  officers  of  the  two  houses,  adjourn  them  to  a 
time  not  l>eyond  the  day  of  their  next  meeting;  and  on  account  of 
danger  from  an  enemy  or  disease,  to  such  other  ])lace  of  safety  as  he 
may  think  proj)er. 

Sec.  21.  The  secretary  of  state  shall  keep  a  full  and  accurate  record 
of  all  the  official  acts  and  proceedings  of  the  governor,  and,  when 
required,  lay  the  same,  with  all  pajwrs,  minutes,  and  vouchers  relat- 
ing thereto,  l)efore  either  branch  of  the  general  assembly.  lie  shall 
also  discharge  the  duties  of  superintendent  of  public  instruction,  until 
otherwise  provided  by  law. 

Sec.  22.  The  treasurer  of  state,  secretary  of  state,  auditor  of  state, 
and  attorney -general  shall  perform  such  duties  as  may  he  prescribed 
by  law;  they  shall  not  hold  any  other  office  or  commission,  civil  or 
military,  in  this  State  or  under  any  State,  or  the  United  States,  or 
any  other  power,  at  one  and  the  same  time;  and  in  case  of  vacancy 
occurring  in  any  of  said  offices,  by  death,  resignation,  or  otherwise, 
the  governor  shall  fill  said  office  l)v  appointment  for  the  unexpired 
term. 

Sec.  23.  AMien  any  office,  from  any  cause,  may  Ix^come  vacant,  and 
no  mode  is  provided  by  the  constitution  and  laws  for  filling  such 
vacancy,  the  governor  shall  have  the  power  to  fill  the  same  by  grant- 
ing a  commission,  which  shall  expire  when  the  i)erson  elected  to  fill 
said  office,  at  the  next  general  election,  shall  be  duly  qualified. 


Arkansas— 1874  345 

Article  VII 

JUDICIAL    DEPARTMENT 

Section  1.  The  jiulicial  power  of  the  State  shall  be  vested  in  one 
supreme  court,  in  circuit  courts,  in  county  and  probate  courts,  and  in 
justices  of  the  peace.  The  general  assembly  may  also  vest  such 
jurisdiction  as  may  be  deemed  necessary  in  municipal-cori)oration 
courts,  courts  of  common  pleas,  where  established ;  and,  when  deemed 
expedient,  may  establish  separate  courts  of  chancery. 

Sec.  2.  The  supreme  court  shall  be  composed  of  three  judges,  one 
of  whom  shall  be  styled  chief  justice,  and  elected  as  such;  any  two 
of  whom  shall  constitute  a  quorum,  and  the  concurrence  of  two 
judges  shall,  in  every  case,  be  necessary  to  a  decision. 

Sec.  3.  AVhen  the  population  of  the  State  shall  amount  to  one 
million,  the  general  assembly  may,  if  deemed  necessary,  increase  the 
iiumber  of  judges  of  the  supreme  court  to  five;  and,  on  such  increase, 
a  majority  of  judges  shall  be  necessary  to  make  a  quorum  or  a  deci- 
sion. 

Sec.  4.  The  supreme  court,  except  in  cases  otherwise  provided  by 
this  constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
be  co-extensive  with  the  State,  under  such  restrictions  as  may  from 
time  to  time  be  prescribed  by  law.  It  shall  have  a  general  sui)erin- 
tending  control  crver  all  inferior  courts  of  law  and  equity,  and,  in  aid 
of  its  appellate  and  supervisory  jurisdiction,  it  shall  have  power  to 
issue  writs  of  error  and  supersedeas,  certiorari,  habeas  corpus,  pro- 
hibition, mandamus,  and  quo  warranto,  and  other  remedial  writs, 
and  to  hear  and  determine  the  same.  Its  judges  shall  be  conservators 
of  the  peace  throughout  the  State,  and  shall  severally  have  power  to 
issue  any  of  the  aforesaid  Avrits. 

Sec.  5.  In  the  exercise  of  original  jurisdiction,  the  Supreme  Court 
shall  have  power  to  issue  writs  of  quo  warranto  to  the  circuit  judges 
and  chancellors,  when  created,  and  to  officers  of  political  corporations 
when  the  question  involved  is  the  legal  existence  of  such  corporations. 

Sec  G.  a  judge  of  the  supreme  court  shall  be  at  least  thirty  years 
of  age,  of  good  moral  character,  and  learned  in  the  law ;  a  citizen  of 
the  United  States,  and  two  years  a  resident  of  the  State,  and  who  has 
been  a  practising  lawyer  eight  years,  or  whose  service  upon  the  bench 
of  any  court  of  record,  when  added  to  the  time  he  may  have  practiced 
law,  shall  be  equal  to  eight  years.  The  judges  of  the  supreme  court 
shall  be  elected  by  the  qualified  electors  of  the  State,  and  shall  hold 
their  offices  during  the  term  of  eight  vears  from  the  date  of  their 
commissions;  but  at  the  first  meeting  of  the  court  after  the  first  elec- 
tion under  this  constitution  the  judges  shall,  by  lot,  divide  themselves 
into  three  classes;  one  of  which  shall  hold  his  office  for  four,  one  for 
six,  and  the  other  for  eight  years;  after  which  each  judge  shall  be 
elected  for  a  full  term  of  eight  years.  A  record  shall  be  made  in  the 
court  of  this  classification. 

Sec  7.  The  supreme  court  shall  appoint  its  clerk  and  Reporter,  who 
shall  hold  their  offices  for  six  years,  subject  to  removal  for  good  cause. 

Sec.  8.  The  terms  of  the  supreme  court  shall  l)e  held  at  the  seat  of 
government,  at  the  times  that  now  are,  or  may  be,  provided  by  law. 


346  Arkansas — 1S74 

Sec.  0.  In  case  all,  or  any  of  the  judges  of  the  supreme  court  shall 
be  clis(jiialifio(l  from  presiuing  m  any  cause  or  tuiuses,  the  court,  or 
the  disqualified  judge,  shall  certify  the  same  to  the  governor,  who 
shall  innnediately  commission  the  requisite  number  oi  meiL  learned 
in  the  law,  to  sit  in  the  trial  and  determination  of  such  causes. 

Sec.  10.  The  supreme  judges  shall,  at  stated  times,  receive  a  com- 
pensation for  their  services  to  he  ascertained  by  law,  which  shall  not 
lx\  after  the  adjournment  of  the  next  general  assembly,  diminished 
during  the  time  for  which  they  shall  have  been  electecf.  They  shall 
not  be  allowed  any  fees  or  j)erquisites  of  office,  nor  hold  any  other 
office  of  trust  or  profit  under  the  State  or  the  United  States. 

Sec.  11.  The  circuit  court  shall  have  jurisdiction  in  all  civil  and 
criminal  cases,  the  exclusive  jurisdiction  of  which  may  not  l)e  vested 
jn  some  other  court  provided  for  by  this  constitution. 

Sec.  12.  The  Circuit  Courts  shall  hold  their  terms  in  each  county, 
at  such  times  and  places  as  are,  or  may  l)e,  prescril)ed  by  law. 

Sec.  13.  The  State  shall  be  divided  into  convenient  circuits,  each 
circuit  to  l)e  made  up  of  contiguous  counties,  for  each  of  which  cir- 
cuits a  judge  shall  be  elected;  who,  during  his  continuance  in  office, 
shall  reside  in  and  l)e  a  conservator  of  the  peace  within  the  circuit  for 
which  he  shall  have  been  elected. 

Sec.  14.  The  circuit  court  shall  exercise  a  superintending  control 
and  ai)pellate  jurisdiction  over  county,  probate,  court  of  common 
pleas,  and  corporation  courts  and  justices  of  the  peaCe;  and  shall  have 
power  to  issue,  hear,  and  determine  all  the  necessary  writs  to  carry 
into  effect  their  general  and  specific  powers,  any  of  which  writs  may 
-be  issued  upon  order  of  the  judge  of  the  appropriate  court  in  vaca- 
tion. 

Sec.  15.  Until  the  general  asstnnbly  shall  deem  it  expedient  to 
e.stablish  courts  of  chancery,  the  circuit  courts  shall  have  jurisdiction 
in  matters  of  equity,  subject  to  appeal  to  the  supreme  court,  in  such 
manner  as  may  be  prescribed  bv  law. 

Sec.  1().  a  judge  of  the  circuit  court  shall  be  a  citizen  of  the  United 
States,  at  least  twenty-eight  years  of  age,  of  good  moral  character, 
learned  in  the  law,  two  years  a  resident  of  the  State,  and  shall  have 
practised  law  six  years,  or  whose  service  upon  the  l)ench  of  any  court 
of  record,  when  added  to  the  time  he  may  have  practised  law,  shall 
be  equal  to  six  years. 

Sec.  17.  The  judges  of  the  Circuit  Courts  shall  l)e  elected  by  the 
qualified  electors  of  the  several  circuits,  and  shall  hold  their  offices  for 
the  term  of  four  years. 

Sec.  18.  The  judges  of  the  circuit  courts  shall  at  stated  times 
receive  a  compensation  for  their  services  to  Iw  ascertained  by  law, 
which  shall  not,  after  the  adjournment  of  the  first  session  of  the 
General  Assembly,  be  diminished  during  the  time  for  which  they  are 
elected.  They  shall  not  be  allowed  any  fees  or  perquisites  of  office, 
nor  hold  any  other  office  of  trust  or  profit  under  this  State  or  the 
United  States. 

Sec.  19.  The  clerks  of  the  circuit  court  shall  be  elected,  by  the 
qualified  electors  of  the  several  counties,  for  the  term  of  two  years, 
and  shall  l)e  cr-offirio  clerks  of  the  county  an<l  probate  courts,  and 
recorder:  Proridcd.  That  in  any  county  having  a  population  exceed- 
ing fifteen  thousand  inhabitants,  as  shown  by  the  last  Federal  cen- 
sus, there  shall  l>e  elected  a  county  clerk,  in  like  manner  as  clerk  of  the 


Arkansas — 1874-  347 

circuit  court,  who  shall  be  em-offi'cio  clerk  of  the  probate  court  of  said 
county. 

Sec.  20.  No  juclg:e  or  justice  shall  preside  in  the  trial  of  any  cause 
in  the  event  of  Avhich  he  may  be  interested,  or  where  either  of  the 
parties  shall  be  connected  with  him  by  consanguinity  or  affinity, 
within  such  degree  as  may  be  prescribed  by  law;  or  in  which  he  may 
have  been  of  counsel,  or  have  presided  in  anj^  inferior  court. 

Sec.  21.  Whenever  the  office  of  judge  of  the  circuit  court  of  any 
county  is  vacant  at  the  commencement  of  a  term  of  such  court,  or 
the  judge  of  said  court  shall  fail  to  attend,  the  regular  practising 
attorneys  in  attendance  on  said  court  may  meet  at  10  o'clock  a.  m., 
on  the  second  day  of  the  term  and  elect  a  judge  to  preside  at  such 
court,  or  until  the  regular  judge  shall  appear;  and  if  the  judge  of 
said  court  shall  become  sick,  or  die,  or  unable  to  continue  to  hold 
such  court  after  its  term  shall  have  commenced,  or  shall  from  any 
cause  be  disqualified  from  presiding  at  the  trial  of  any  cause  then 
pending  therein,  then  the  regular  practising  attorneys  in  attendance 
on  said  court  may  in  like  manner,  on  notice  from  the  judge  or  clerk 
of  said  court,  elect  a  judge  to  preside  at  such  court  or  to  try  said 
causes;  and  the  attorney  so  elected  shall  have  the  same  power  and 
authority  in  said  court  as  the  regular  judge  w^ould  have  had  if  pres- 
ent and  presiding;  but  this  authority  shall  cease  at  the  close  of  the 
term  at  which  the  election  shall  be  made.  The  proceedings  shall  be 
entered  at  large  upon  the  record.  The  special  judge  shall  be  learned 
in  the  law,  and  a  resident  of  the  State. 

Sec.  22.  The  judges  of  the  circuit  courts  may  temporarily  exchange 
circuits,  or  hold  courts  for  each  other,  under  such  regulations  as  may 
be  prescribed  by  law. 

Sec.  23.  Judges  shall  not  charge  juries  with  regard  to  matters  of 
fact,  but  shall  declare  the  law;  and,  in  jury-trials,  shall  reduce  their 
charge  or  instructions  to  writing,  on  the  request  of  either  party. 

Sec.  24.  The  qualified  electors  of  each  circuit  shall  elect  a  prosecut- 
ing attorney,  who  shall  hold  his  office  for  the  term  of  two  years;  and 
he  shall  be  a  citizen  of  the  United  States,  learned  in  the  law,  and  a 
resident  of  the  circuit  for  which  he  may  be  elected. 

Sec.  25.  The  judges  of  the  supreme,  circuit,  or  chancery  courts 
shall  not,  during  their  continuance  in  office,  practise  law,  or  appear 
as  counsel  in  any  court,  State  or  Federal,  within  this  State. 

Sec.  26.  The  general  assembly  shall  have  power  to  regulate,  by  law, 
the  punishment  of  contempts  not  committed  in  the  presence  or  hear- 
ing of  the  courts,  or  in  disobedience  of  process. 

Sec.  27.  The  circuit  court  shall  have  jurisdiction,  upon  informa- 
tion, presentment,  or  indictment,  to  remove  any  county  or  township 
officer  from  office  for  incompetency,  corruption,  gross  immorality, 
criminal  conduct,  malfeasance,  misfeasance,  or  nonfeasance  in  office. 

Sec.  28.  The  county  courts  shall  have  exclusive  original  jurisdic- 
tion in  all  matters  relating  to  county  taxes,  roads,  bridges,  ferries, 
paupers,  bastardy,  vagrants,  the  apprenticeship  of  minors,  the  dis- 
bursement of  money  for  county  purposes,  and  in  every  other  case  that 
may  be  necessary  to  the  internal  improvement  and  local  concerns  of 
the  respective  couuties.  The  county  court  shall  be  held  by  one  judge, 
except  in  cases  otherwise  herein  provided. 

Sec.  29.  The  judge  of  the  county  court  shall  be  elected  by  the  quali- 
fied electors  of  the  county-for  the  term  of  two  years.     He  shall  be  at 


348  Arkansas— 1874 

least  twenty-five  years  of  age,  a  citizen  of  the  United  States,  a  man  of 
upright  character,  of  good  business  education,  and  a  resident  of  the 
State  for  two  years  before  his  election,  and  a  resident  of  the  county 
at  tlie  time  of  his  election  and  during  his  continuance  in  office. 

Sec.  30.  The  justices  of  the  peace  of  each  county  shall  sit  with  and 
assist  the  county  judge  in  levying  the  county  taxes,  and  in  making 
appropriations  for  the  expenses  of  the  county,  in  the  manner  to  be 
prescril)ed  by  law;  and  the  county  judge,  together  with  a  majority  of 
said  justices,  shall  constitute  a  quorum  for  such  purposes;  and  in  the 
absence  of  the  county  judge  a  majority  of  the  justices  of  the  peace 
may  constitute  the  court,  who  shall  elect  one  of  their  number  to  pre- 
side. The  general  a&sembly  shall  regulate  by  law  the.  manner  of 
compelling  the  attendance  of  such  quorum. 

Sec.  31.  The  terms  of  the  county  courts  shall  be  held  at  the  times 
that  are  now  prescril:>ed  for  holding  the  supervisors'  courts,  or  may 
hereafter  be  prescribed  by  law. 

Sec.  32.  The  general  assembly  may  authorize  the  judge  of  the 
county  court  of  any  one  or  more  counties,  to  hold  severally  a  quarterly 
court  of  common  pleas  in  their  respective  counties,  which  shall  be  a 
court  of  record,  with  such  jurisdiction  in  matters  of  contract  and 
other  civil  matters,  not  involving  title  to  real  estate,  as  may  be  vested 
in  such  court. 

Sec.  33.  Appeals  from  all  judgments  of  county  courts  or  courts  of 
common  pleas,  when  established,  may  be  taken  to  the  circuit  court 
under  such  restrictions  and  regulations  as  may  be  prescribed  by  law. 

Sec.  34.  The  judge  of  the  county  court  shall  be  the  judge  of  the 
court  of  probate,  and  have  such  exclusive  original  jurisdiction  in 
matters  relative  to  the  probate  of  wills,  the  estates  of  deceased 
persons,  executoi*s,  administrators,  guardians,  and  persons  of  unsound 
mind,  and  their  estates,  as  is  now  vested  in  the  circuit  court,  or  may 
be  hereafter  prescribed  by  law.  The  regular  terms  of  the  court  of 
probate  shall  be  held  at  the  times  that  may  hereafter  be  prescribed 
by  law. 

Sec.  35.  Appeals  may  be  taken  from  judgments  and  orders  of  the 
probate  court  to  the  circuit  court,  under  sucYi  regulations  and  restric- 
tions as  may  be  prescribed  by  law. 

Sec.  3().  Whenever  a  judge  of  the  county  or  probate  court  may  be 
disqualified  from  presiding,  in  any  cause  or  causes  pending  in  his 
court,  he  shall  certify  the  facts  to  the  governor  of  the  State,  who  shall 
thereupon  commission  a  special  judge  to  preside  in  such  cause  or 
causes  during  the  time  said  disqualification  may  continue,  or  until 
such  cause  or  causes  may  be  finally  disposed  of. 

Sec.  37.  The  county  judge  shall  receive  such  compensation  for  his 
services  as  presiding  judge  of  the  county  court,  as  judge  of  the  court 
of  probate,  and  judge  of  the  court  of  common  pleas,  when  established, 
as  may  be  provided  by  law.  In  the  absence  of  the  circuit  judge  from 
the  county,  the  county  judge  shall  have  power  to  issue  orders  for 
injunction  and  other  provisional  writs  in  their  counties,  returnable 
to  the  court  having  jurisdiction:  Prorided,  That  either  party  may 
have  such  order  reviewed  by  any  superior  judge  in  vacation  in  sucJi 
manner  as  shall  be  provided  by  law.  The  county  judge  shall  have 
power,  in  the  absence  of  the  circuit  judge  from  the  county,  to  issue, 
hear,  and  determine  writs  of  haheaft  ror'pus,  under  such  regulations 
and  restrictions  as  shall  l)e  provided  by  law. 


Aikansas — 1874  349 

Sec.  88.  The  qualified  electors  of  each  township  shall  elect  the 
justices  of  the  peace  for  the  term  of  two  years,  who  shall  be  commis- 
sioned b}^  the  governor,  and  their  official  oath  shall  be  indorsed  on 
the  commission. 

Sec.  39.  For  every  two  hundred  electors  there  shall  be  elected  one 
justice  of  the  peace;  but  every  township,  however  small,  shall  liave 
two  justices  of  the  peace. 

Sec.  40.  They  shall  severallj^  have  original  jurisdiction  in  the  fol- 
lowing matters:  First.  Exclusive  of  the  circuit  court,  in  all  matters 
of  contract  where  the  amount  in  controversy  does  not  exceed  the  sum 
of  one  hundred  dollars,  excluding  interest;  and  concurrent  jurisdic- 
tion in  matters  of  contract,  where  the  amount  in  controversy  does  not 
exceed  the  sum  of  three  hundred  dollars,  exclusive  of  interest.  Sec- 
end.  Concurrent  jurisdiction  in  suits  for  the  recovery  of  personal 
property,  where  the  value  oi  the  property  does  not  exceed  the  sum 
of  three  hundred  dollars;  and  in  all  matters  of  damage  to  personal 
property  where  the  amount  in  controversy  does  not  exceed  the  sum 
of  one  hundred  dollars.  Third.  Such  jurisdiction  of  misdemeanors 
as  is  now,  or  may  be  prescribed  by  law.  Fourth.  To  sit  as  examining 
courts  and  commit,  discharge  or  recognize  offenders  to  the  court 
having  jurisdiction,  for  further  trial,  and  to  bind  persons  to  keep  the 
peace,  or  for  good  behavior.  Fifth.  For  the  foregoing  purposes,  they 
yhall  have  j^ower  to  issue  all  necessary  process.  Sixth.  They  shall  be 
conservators  of  the  peace  within  their  respective  counties:  Promded^ 
A  justice  of  the  peace  shall  not  have  jurisdiction  where  a  lien  on  land, 
or  title  or  possession  thereto  is  involved. 

Sec.  41.  A  justice  of  the  peace  shall  be  a  qualified  elector  and  a 
resident  of  the  township  for  which  he  is  elected. 

Sec.  42.  Appeals  may  be  taken  from  the  final  judgments  of  the 
justices  of  the  peace  to  the  circuit  courts,  under  such  regulations  as 
.are  now  or  may  be  provided  by  law. 

Sec.  43.  Corporation  courts,  for  towns  and  cities,  may  be  invested 
Avith  jurisdiction  concurrent  Avith  justices  of  the  peace  in  civil  and 
criminal  matters;  and  the  general  assembl}^  may  invest  such  of  them 
as  it  may  deem  expedient  with  jurisdiction  of  any  criminal  offences 
not  punishable  by  death  or  imprisonment  in  the  penitentiary,  with  or 
without  indictment,  as  may  be  provided  by  laAv ;  and,  until  the  gen- 
eral assembly  shall  otherwise  provide,  they  shall  have  the  jurisdiction 
now  provided  by  law. 

Sec.  44.  The  Pulaski  chancery  court  shall  continue  in  existence 
until  abolished  by  law,  or  the  business  pending  at  the  adoption  of  this 
constitution  shall  be  disposed  of,  or  the  pending  business  be  trans- 
ferred to  other  courts.  The  judge  and  clerk  of  said  court  shall  hold 
office  for  the  term  of  two  years,  and  shall  be  elected  by  the  qualified 
voters  of  the  State.  All  suits  and  proceedings  which  relate  to  six- 
teenth-section lands  or  money  due  for  said  lands,  shall  be  transferred 
to  the  respective  countries  where  such  lands  are  located,  in  such  man- 
ner as  shall  be  provided  bj''  the  general  assembly  at  the  next  session. 

Sec.  45.  The  separate  criminal  courts  established  in  this  State  are 
hereby  abolished,  and  all  the  jurisdiction  exercised  by  said  criminal 
courts  is  vested  in  the  circuit  courts  of  the  respective  counties;  and 
all  causes  now^  pending  therein  are  hereby  transferred  to  said  circuit 
courts  respectively.  It  shall  be  the  duty  of  the  clerks  of  said  criminal 
courts  to  transfer  all  the  records,  books,  and  papers  pertaining  to  said 
criminal  courts  to  the  circuit  courts  of  their  respective  counties. 
7251— VOL  1—07 25 


350  Arkansas— 1874 

Sec.  46.  The  qualified  electors  of  each  county  shall  elect  one  sheriff, 
who  shall  be  ex-ofjicio  collector  of  taxes,  unless  otherwise  provided  by 
law;  one  assessor;  one  coroner;  one  treasurer,  who  shall  oe  ex-officio 
treasurer  of  the  common -school  fund  of  the  county;  and  one  county 
surveyor,  for  the  term  of  two  years,  with  such  duties  as  are  now  or 
may  be  j)rescribed  by  law:  Provided.,  That  no  per  centum  shall  ever 
bo  paid  to  assessors  upon  the  valuation  or  assessment  of  property  by 
them. 

Sec.  47.  The  qualified  electors  of  each  township  shall  elect  a  con- 
stable, for  the  term  of  two  years,  who  shall  be  furnished,  by  the  pre- 
siding judge  of  the  county  court,  with  a  certificate  of  election,  on 
which  his  official  oath  shall  be  indorsed. 

Sec.  48.  All  officers  provided  for  in  this  article,  except  constables, 
shall  hot  commissioned  by  the  governor. 

Sec.  40.  All  writs  and  other  judicial  process  shall  run  in  the  name 
of  the  State  of  Arkansas,  bear  test,  and  oe  signed  by  the  clerks  of  the 
respective  courts  from  which  they  issue.  Indictments  shall  conclude: 
"Against  the  peace  and  dignity  of  the  State  of  Arkansas." 

Sec.  50.  All  vacancies  occurring  in  any  office  provided  for  in  this 
article  shall  be  filled  by  special  election,  save  that  in  case  of  vacancies 
occurring  in  county  and  township  offices,  six  months,  and  in  other 
offices  nine  months,  before  the  next  general  election,  such  vacancies 
shall  be  filled  by  appointment  by  the  governor. 

Sec.  51.  That  in  all  cases  of  allowances  made  for  or  against  coun- 
ties, cities,  or  towns,  an  appeal  shall  lie  to  the  circuit  court  of  the 
county,  at  the  instance  of  the  party  aggrieved,  or  on  the  intervention 
of  any  citizen  or  resident  and  tax-payer  of  such  county,  citv,  or  town, 
on  the  same  terms  and  conditions  on  which  appeals  may  be  granted 
to  the  circuit  court  in  other  cases;  and  the  matter  pertaining  to  any 
such  allowance  shall  be  tried  in  the  circuit  court  de  novo.  In  case 
an  appeal  be  taken  by  any  citizen,  he  shall  give  a  bond,  payable  to 
the  proper  county,  conditioned  to  prosecute  the  appeal  and  save  the 
county  from  costs  on  account  of  the  same  l)eing  taken. 

Sec.  52.  That  in  all  cases  of  contest  for  any  county,  township,  or 
municipal  office,  an  appeal  shall  lie,  at  the  instance  of  the  party 
aggrieved,  from  any  inferior  board,  council,  or  tribunal  to  the  circuit 
court,  on  the  same  terms  and  conditions  on  which  appeals  may  be 
granted  to  the  circuit  court  in  other  cases,  and  on  such  aj^peals  the 
case  shall  be  tried  de  novo. 

Article  VIII 

APPORTIONMENT 

Section  1.  The  House  of  Representatives  shall  consist  of  not  less 
than  seventy-three,  nor  more  than  one  hundred  members. 

Each  county  now  organized  shall  always  be  entitled  to  one  Repre- 
sentative, the  remainder  to  be  apportioned  among  the  several  counties 
according  to  the  number  of  adult  male  inhabitants,  taking  two  thou- 
sand as  the  ratio,  until  the  number  of  representatives  amounts  to  one 
hundred,  when  they  shall  not  be  further  increased ;  but  the  ratio  of 
representation  shall,  from  time  to  time,  be  increased  as  hereinafter 
provided ;  so  that  the  representatives  shall  never  exceed  that  number. 
Ajid  until  the  enumeration  of  the  inhabitants  is  taken  by  the  United 


Arkansas — 1874  351 

States  Government  A.  D.  1880,  the  representatives  shall  be  appor- 
tioned among  the  several  counties  as  follows: 

The  county  of  Arkansas  shall  elect  one  representative. 

The  county  of  Ashley  shall  elect  one  representative. 

The  county  of  Benton  shall  elect  two  representatives. 

The  county  of  Boone  shall  elect  one  representative. 

The  county  of  Bradley  shall  elect  one  representative. 

The  county  of  Baxter  shall  elect  one  representative. 

The  couiity  of  Calhoun  shall  elect  one  representative. 

The  county  of  Carroll  shall  elect  one  representative. 

The  county  of  Chicot  shall  elect  one  representative. 

The  county  of  Columbia  shall  elect  two  representatives. 

The  county  of  Clark  shall  elect  two  representatives. 

The  county  of  Conway  shall  elect  one  representative. 

The  county  of  Craighead  shall  elect  one  representative. 

The  county  of  Crawford  shall  elect  one  representative. 

The  county  of  Cross  shall  elect  one  representative. 

The  county  of  Crittenden  shall  elect  one  representative. 

The  county  of  Clayton  shall  elect  one  representative. 

The  county  of  Dallas  shall  elect  one  representative. 

The  county  of  Desha  shall  elect  one  representative. 

The  county  of  Drew  shall  elect  one  representative. 

The  county  of  Dorsey  shall  elect  one  representative. 

The  countj^  of  Franklin  shall  elect  one  representative. 

The  count}^  of  Fulton  shall  elect  one  representative. 

The  county  of  Faulkner  shall  elect  one  representative. 

The  county  of  Grant  shall  elect  one  representative. 

The  county  of  Greene  shall  elect  one  representative. 

The  county  of  Garland  shall  elect  one  representative. 

The  county  of  Hempstead  shall  elect  two  representatives. 

The  county  of  Hot  Spring  shall  elect  one  representative. 

The  county  of  Howard  shall  elect  one  representative. 

The  county  of  Independence  shall  elect  two  representatives. 

The  county  of  Izard  shall  elect  one  representative. 

The  county  of  Jackson  shall  elect  one  representative. 

The  county  of  Jefferson  shall  elect  three  representatives. 

The  county  of  Johnson  shall  elect  one  representative. 

The  county  of  La  Fayette  shall  elect  one  representative. 

The  county  of  Lawrence  shall  elect  one  representative. 

The  county  of  Little  River  shall  elect  one  representative. 

The  county  of  Lonoke  shall  elect  two  representatives. 

The  county  of  Lincoln  shall  elect  one  representative. 

The  county  of  Lee  shall  elect  two  representatives. 

The  county  of  Madison  shall  elect  one  representative. 

The  county  of  Marion  shall  elect  one  representative. 

The  county  of  Monroe  shall  elect  one  representative. 

The  county  of  Montgomery  shall  elect  one  representative. 

The  county  of  Mississippi  shall  elect  one  representative. 

The  county  of  Nevada  shall  elect  one  reperesentative. 

The  county  of  Newton  shall  elect  one  representative. 

The  county  of  Ouachita  shall  elect  two  representatives. 

The  county  of  Perry  shall  elect  one  representative. 

The  county  of  Phillips  shall  elect  three  representatives. 


352  Arkansas— 1874 

The  county  of  Pike  shall  elect  one  representative. 

The  county  of  Polk  shall  elect  one  representative. 

The  county  of  Pope  shall  elect  one  representative. 

The  county  of  Poinsett  shall  elect  one  representative. 

The  county  of  Pulaski  shall  elect  four  representatives. 

The  county  of  Prairie  shall  elect  one  representative. 

The  county  of  Randolph  shall  elect  one  representative. 

The  county  of  Saline  sliall  elect  one  representative. 

The  county  of  Sarber  shall  elect  one  representative. 

The  county  of  Scott  shall  elect  one  representative. 

The  county  of  Searcy  shall  elect  one  representative. 

The  county  of  Sebastian  shall  elect  two  representatives. 

The  county  of  Sevier  shall  elect  one  representative. 

The  county  of  Sharp  shall  elect  one  representative. 

The  county  of  Saint  P'rancis  shall  elect  one  representative. 

The  county  of  Stone  shall  elect  one  representative. 

The  county  of  Union  shall  elect  two  representatives. 

The  county  of  Van  Buren  shall  elect  one  representative. 

The  county  of  Washington  shall  elect  three  representatives. 

The  county  of  AVhite  shall  elect  two  representatives. 

The  county  of  AVoodruff  shall  elect  one  representative. 

The  county  of  Yell  shall  elect  one  representative. 

Sec.  2.  The  legislature  shall,  from  time  to  time,  divide  the  State 
into  convenient  senatorial  districts  in  such  manner  that  the  senate 
shall  l)e  based  upon  the  adult  male  inhabitants  of  the  State,  each  Sen- 
ator representing  an  equal  number  as  nearly  as  practicable;  and  until 
the  enumeration  of  the  inhabitants  is  taken  by  the  United  States 
Government,  A.  D.  1880,  the  districts  shall  be  arranged  as  follows : 

The  counties  of  Greene,  Craighead,  and  Clayton  shall  compose  the 
first  district,  and  elect  one  senator. 

The  counties  of  Randolph,  Lawrence,  and  Sharp  shall  compose  the 
second  district,  and  elect  one  senator. 

The  counties  of  Carroll,  Boone,  and  Newton  shall  compose  the  third 
district,  and  elect  one  senator. 

The  counties  of  Johnson  and  Pope  shall  compose  the  fourth  dis- 
trict, and  elect  one  senator. 

The  county  of  Washington  shall  compose  the  fifth  district,  and  elect 
one  senator. 

The  counties  of  Independence  and  Stone  shall  compose  the  sixth 
district,  and  elect  one  senator. 

The  counties  of  Woodruff,  Saint  Francis,  Cross,  and  Crittenden 
,shall  compose  the  seventh  district,  and  elect  one  senator. 

Tlie  counties  of  Yell  and  Sarbef  shall  compose  the  eighth  district, 
and  elect  one  senator.  » 

The  counties  of  Saline,  Garland,  Hot  Spring,  and  Grant  shall  com- 
pose the  ninth  district,  and  elect  one  senator. 

The  counties  of  Pulaski  and  Perry  shall  compose  the  tenth  district, 
and  elect  two  senators. 

The  county  of  Jefferson  shall  compose  the  leventh  district,  and  elect 
one  senator. 

The  counties  of  Lonoke  and  Prairie  shall  compose  the  twelfth  dis- 
trict, and  elect  one  senator. 


Arkansas— 1874  353 

The  counties  of  Arkansas  and  Monroe  shall  compose  the  thirteenth 
district,  and  elect  one  senator. 

The  counties  of  Phillips  and  Lee  shall  compose  the  fourteenth  dis- 
trict, and  elect  one  senator. 

The  counties  of  Desha  and  Chicot  shall  compose  the  fifteenth  dis- 
trict, and  elect  one  senator. 

The  counties  of  Lincoln,  Dorsey  and  Dallas  shall  compose  the 
sixteenth  district,  and  elect  one  senator. 

The  counties  of  Drew  and  Ashley  shall  compose  the  seventeenth 
district,  and  elect  one  senator. 

The  counties  of  Bradley  and  Union  shall  compose  the  eighteenth 
district,  and  elect  one  senator. 

The  counties  of  Calhoun  and  Ouachita  shall  compose  the  nineteenth 
district,  and  elect  one  senator. 

The  counties  of  Hempstead  and  Nevada  shall  compose  the  twentieth 
district,  and  elect  one  senator. 

The  counties  of  Columbia  and  La  Fayette  shall  compose  the  twentj^- 
first  district,  and  elect  one  senator. 

The  counties  of  Little  River,  Sevier,  Howard  and  Polk  shall  com- 
pose the  twenty-second  district,  and  elect  one  senator. 

The  counties  of  Fulton,  Izard,  Marion  and  Baxter  shall  compose 
the  twent3^-third  district,  and  elect  one  senator. 

The  counties  of  Benton  and  Madison  shall  compose  the  twenty- 
fourth  district,  and  elect  one  senator. 

The  counties  of  Crawford  and  Franklin  shall  compose  the  twenty- 
fifth  district,  and  elect  one  senator. 

The  counties  of  Van  Buren,  Conway  and  Searcy  shall  compose  the 
twenty-sixth  district,  and  elect  one  senator. 

The  counties  of  White  and  Faulkner  shall  compose  the  twenty- 
seventh  district,  and  elect  one  senator. 

The  counties  of  Sebastian  and  Scott  shall  compose  the  twenty- 
eighth  district,  and  elect  one  senator. 

The  counties  of  Poinsett,  Jackson  and  Mississippi  shall  compose 
the  twenty-ninth  district,  and  elect  one  senator. 

The  counties  of  Clark,  Pike  and  Montgomery  shall  compose  the 
thirtieth  district,  and  elect  one  senator. 

And  the  senate  shall  never  consist  of  less  than  thirty  nor  more  than 
thirty-five  members. 

Sec.  3.  Senatorial  districts  shall  at  all  times  consist  of  contiguous 
territory;  and  no  county  shall  be  divided  in  the  formation  of  a 
senatorial  district. 

Sec.  4.  The  division  of  the  State  into  senatorial  districts,  and  the 
apportionment  of  representatives  to  the  several  counties,  shall  b* 
made  by  the  general  assembly  at  the  first  regular  session  after  each 
enumeration  of  the  inhabitants  of  the  State,  by  the  Federal  or  the 
State  government,  shall  have  been  ascertained,  and  at  naother  time. 

Article  IX 

EXEMPTION 

Section  1.  The  personal  property  of  any  resident  of  this  State, 
who  is  not  married  or  the  head  pf  a  family,  in  specific  articles,  to  be 


354  Arkansas — 1874 

selected  by  such  resident,  not  exceeding  in  value  the  sum  of  two  hun- 
dred dollars,  in  addition  to  his  or  her  wearing-apparel,  shall  be 
exempt  from  seizure  on  attachment,  or  sale  on  execution  or  other 
process  from  any  court  issued  for  the  collection  of  any  debt  by  con- 
tract: Prooided,  That  no  property  shall  be  exempt  from  execution 
for  debts  contracted  for  the  purchase-money  therefor  while  in  the 
hands  of  the  vendee. 

Sec.  2.  The  j)ersonal  property  of  any  resident  of  this  State,  who  is 
married  or  the  head  of  a  family,  in  specific  articles  to  l)e  selected  by 
such  resident,  not  exceeding  in  value  the  sum  of  five  hundred  dollars, 
in  addition  to  his  or  her  wearing-apparel,  and  that  of  his  or  her 
family,  shall  be  exempt  from  seizure  on  attachment,  or  sale  on  execu- 
tion or  other  process  from  any  court,  on  debt  by  contract. 

Sec.  3.  The  homestead  of  any  resident  of  this  State,  who  is  mar- 
ried or  the  head  of  a  family,  shall  not  be  subject  to  the  lien  of  any 
judgment  or  decree  of  any  court,  or  to  sale  under  execution,  or  other 
process  thereon,  except  such  as  may  be  rendered  for  the  purchase- 
money,  or  for  specific  liens,  laborers'  or  mechanics'  liens  for  improv- 
ing the  same,  or  for  taxes,  or  against  executors,  administrators, 
guardians,  receivers,  attorneys  for  moneys  collected  by  them,  and 
other  trustees  of  an  express  trust,  for  moneys  due  from  them  in  their 
fiduciary  capacity. 

Sec.  4.  The  homestead  outside  any  city,  town,  or  village,  owned 
and  occupied  as  a  residence,  shall  consist  of  not  exceeding  one  hun- 
dred and  sixty  acres  of  land,  with  the  improvements  thereon,  to  be 
selected  by  the  owner:  Prorided^  The  same  shall  not  exceed  in  value 
the  sum  of  twenty-five  hundred  dollars,  and  in  no  event  shall  the 
homestead  be  reduced  to  less  than  eighty  acres,  without  regard  to 
value. 

Sec.  5.  The  homestead  in  any  city,  town,  or  village,  owned  and 
occupied  as  a  residence,  shall  consist  of  not  exceeding  one  acre  of 
land,  with  the  improvements  thereon,  to  be  selected  by  the  owner: 
Provided^  The  same  shall  not  exceed  in  value  the  sum  of  two  thousand 
five  hundred  dollars,  and  in  no  event  shall  such  homestead  be  reduced 
to  less  than  one-quarter  of  an  acre  of  land,  without  regard  to  value. 

Sec.  G.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no 
children,  and  said  wndow  has  no  separate  homestead  in  her  own  right, 
the  same  shall  be  exempt,  and  the  rents  and  profits  thereof  shall  vest 
in  her  during  her  natural  life:  Provided^  That  if  the  owner  leaves 
children,  one  or  more,  said  child  or  children  shall  share  with  said 
widow,  and  l)e  entitled  to  half  the  rents  and  profits  till  each  of  them 
arrives  at  twenty-one  years  of  age,  each  child's  rights  to  cease  at 
twenty-one  years  of  age,  and  the  shares  to  go  to  the  younger  chil- 
dren, and  then  all  to  go  to  the  widow:  And  'provided^  That  said 
widow  or  children  may  reside  on  the  homestead  or  not.  And.  in 
case  of  the  daath  of  the  widow,  all  of  said  homestead  shall  be  vested 
in  the  minor  children  of  the  testator  or  intestate. 

Sec.  7.  The  real  and  personal  property  of  any  feme-covert  in  this 
State,  acquired  either  betore  or  after  marriage,  whether  by  gift,  grant, 
inheritance,  devise,  or  otherwise,  shall,  so  long  as  she  may  choose,  be 
and  remain  her  separate  estate  and  property,  and  may  be  devised, 
bequeathed,  or  conveyed  by  her  the  same  as  if  she  were  a  feme-solef 
and  the  same  shall  not  be  subject  to  the  debts  of  her  husband. 


Arkansas — 1874  355 

Sec.  8.  The  general  assembly  shall  provide  for  the  time  and  mode 
of  scheduling  the  separate  personal  property  of  married  women. 

Sec.  9.  The  exemptions  contained  in  the  constitution  of  1868  shall 
apply  to  all  debts  contracted  since  the  adoption  thereof,  and  prior  to 
the  adoption  of  this  constitution. 

Sec.  10.  The  homestead  provided  for  in  this  article  shall  inure  to 
the  benefit  of  the  minor  children,  under  the  exemptions  herein  pro- 
vided, after  the  decease  of  the  parents. 

Articlk  X 
agriculture,  mining,  and  manufacture 

Section  1.  The  general  assembly  shall  pass  such  laws  as  will  foster 
and  aid  the  agricultural,  mining,  and  manufacturing  interests  of  the 
State,  and  may  create  a  bureau,  to  be  known  as  the  mining,  manufac- 
turing, and  agricultural  bureau. 

Sec.  2.  The  general  assembly,  when  deemed  expedient,  may  create 
the  office  of  State  geologist,  to  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  who  shall  hold  his  office  for 
such  time,  and  perform  such  duties,  and  receive  such  compensation 
as  may  be  prescribed  by  law :  Provided,  That  he  shall  be  at  all  times 
subject  to  removal  by  the  governor  for  incompetency  or  gross  neglect 
of  duty. 

Sec.  3.  The  general  assembly  may,  by  general  law,  exempt  from 
taxation  for  the  term  of  seven  years  from  the  ratification  of  this  con- 
stitution the  capital  invested  in  any  or  all  kinds  of  mining  and  manu- 
facturing business  in  this  State,  under  such  regulations  and  restric- 
tions as  may  be  prescribed  by  law. 

Article  XI 

MILITIA 

Section  1.  The  militia  shall  consist  of  all  able-bodied  male  persons, 
residents  of  the  State,  between  the  ages  of  eighteen  and  fortj^-five 
years;  except  such  as  may  be  exempted  by  the  laws  of  the  United 
States,  or  this  State,  and  shall  be  organized,  officered,  armed  and 
equipped  and  trained  in  such  manner  as  may  be  provided  by  law. 

Sec.  2.  Volunteer  companies  of  infantr}?^,  cavalry  or  artillery,  may 
be  formed  in  such  manner  and  with  such  restrictions  as  may  be  pro- 
vided by  law. 

Sec.  3.  The  volunteer  and  militia  forces  shall  in  all  cases  (except 
treason,  felony,  and  breach  of  the  peace)  be  privileged  from  arrest 
during  their  attendance  at  muster  and  the  election  oi  officers,  and  in 
going  to  and  returning  from  the  same. 

Sec.  4.  The  governor  shall,  when  the  general  assembly  is  not  in 
session,  have  power  to  call  out  the  volunteers  or  militia,  or  both,  to 
execute  the  laws,  repel  invasion,  repress  insurrection,  and  preserve  the 
public  peace ;  in  such  manner  as  may  be  authorized  by  law. 


356  Arkansas— 1874 

Article  XII 

MUNICIPAL   AND   PRIVATE    CORPORATIONS 

Section  1.  All  existing  charters  or  grants  of  special  or  exclusive 
privileges  under  which  a  hona-fde  organization  shall  not  have  taken 
place  and  business  been  commenced  in  good  faith,  at  the  time  of  the 
adoption  of  this  constitution,  shall  thereafter  have  no  validity. 

Sec.  2.  The  general  assembly  shall  pass  no  special  act  conferring 
corporate  powers,  except  for  charitable,  educational,  penal  or  reform- 
atory purposes,  where  the  corporations  created  are  to  he  and  remain 
under  the  patronage  and  control  of  the  State, 

Sec.  3.  The  general  assembly  shall  provide,  by  general  laws,  for  the 
organization  of  cities  (which  may  be  classified)  and  incorporated 
towns;  and  restrict  their  power  of  taxation,  assessment,  borrowing 
money,  and  contracting  debts,  so  as  to  prevent  the  abuse  of  such 
power. 

Sec  4.  No  municipal  corporation  shall  be  authorized  to  pass  any 
laws  contrary  to  the  general  laws,  of  the  State,  nor  levy  any  tax  on 
real  or  personal  property  to  a  greater  extent,  in  one  year,  than  five 
mills  on  the  dollar  or  the  assessed  value  of  the  same :  Provided^  That 
to  pay  indebtedness  existing  at  the  time  of  the  adoption  of  this  con- 
stitution, an  additional  tax  of  not  more  than  five  mills  on  the  dollar, 
may  be  levied. 

Sec.  5.  No  county,  city,  town,  or  other  municipal  corporation  shall 
become  a  stockholder  in  any  company,  association,  or  corporation ;  or 
obtain  or  appropriate  money  for,  or  loan  its  credit  to,  any  corporation, 
association,  institution  or  individual. 

Sec.  G.  Corporations  may  be  formed  under  general  laws;  which 
laws  may,  from  time  to  time,  be  altered  or  repealed.  The  general 
assembly  shall  have  the  power  to  alter,  revoke  or  annul  any  charter 
of  incorporation  now  existing  and  revocable  at  the  adoption  of  this 
constitution,  or  any  that  may  hereafter  be  created,  whenever,  in  their 
opinion,  it  may  be  injurious  to  the  citizens  of  this  State;  in  such 
manner,  however,  that  no  injustice  shall  be  done  to  the  corporators. 

Sec  7.  Except  as  herein  provided,  the  State  shall  never  become  a 
stockholder  in,  or  subscribe  to,  or  be  interested  in,  the  stock  of  any  cor- 
poration or  association. 

Sec.  8.  No  private  corporation  shall  issue  stocks  or  Ijonds,  except 
for  money  or  property  actually  received  or  lalwr  done;  and  all  fic- 
titious increase  of  stock  or  indebtedness  shall  be  void ;  nor  shall  the 
stock  or  Iwnded  indebtedness  of  any  private  corporation  be  increased, 
except  in  pursuance  of  general  laws,  nor  until  the  consent  of  the  per- 
sons holding  the  larger  amount,  in  value,  of  stock,  shall  be  obtained 
at  a  meeting  held  after  notice  given  for  a  period  not  less  than  sixty 
days,  in  pursuance  of  law. 

Sec  9.  No  property,  nor  right  of  way,  shall  l>e  appropriated  to  the 
use  of  any  corporation,  until  full  compensation  therefor  shall  be  first 
made  to  the  owner,  in  money ;  or  first  secured  to  him  by  a  deposit  of 
money;  which  compensation,  irrespective  of  any  benefit  from  any 
improvement  proposed  by  such  corporation,  shall  l3e  ascertained  by  a 
jury  of  twelve  men,  in  a  court  of  competent  jurisdiction,  as  .shall  be 
prescribed  by  law. 


A  rkansas—1874  357 

Sec.  10.  No  act  of  the  general  assembly  shall  be  passed  authorizing 
the  issuing  of  bills,  notes,  or  other  paper  which  may  circulate  as 
money. 

Sec.  11.  Foreign  corporations  may  be  authorized  to  do  business  in 
this  State,  under  such  limitations  and  restrictions  as  may  be  pre- 
scribed by  law :  Provided,  That  no  such  corporation  shall  do  any 
business  in  this  State  except  while  it  maintains  therein  one  or  more 
known  places  of  business,  and  an  authorized  agent  or  agents  in  the 
same,  upon  whom  process  may  be  served ;  and,  as  to  contracts  made  or 
business  done  in  this  State,  they  shall  be  subject  to  the  same  regula- 
tions, limitations,  and  liabilities  as  like  corporations  of  this  State, 
and  shall  exercise  no  other  or  greater  poAvers,  privileges,  or  franchises 
than  may  be  exercised  by  like  corporations  of  this  State;  nor  shall 
they  have  power  to  condemn  or  appropriate  private  property. 

Sec.  12.  Except  as  herein  otherwise  provided,  the  State  shall  never 
assume  or  pay  the  debt  or  liability  of  any  county,  town,  city,  or  other 
corporation  whatever,  or  any  part  thereof,  unless  such  debt  or 
liability  shall  have  been  created  to  rej^el  invasion,  suppress  insurrec- 
tion, or  to  provide  for  the  public  welfare  and  defence.  Nor  shall  the 
indebtedness  of  any  corporation  to  the  State  ever  be  released  or  in 
any  manner  discharged,  save  by  payment  into  the  public  treasury. 

Article  XIII 
counties,  county-seats,  and  county-lines 

Section  1.  No  county  now  established  shall  be  reduced  to  an  area 
of  less  than  six  hundred  square  miles,  nor  to  less  than  five  thousand 
inhabitants;  nor  shall  any  ncAV  county  be  established  with  less  than 
six  hundred  square  miles  and  five  thousand  inhabitants:  Provided, 
That  this  section  shall  not  apply  to  the  counties  of  Lafayette,  Pope, 
and  Johnson,  nor  be  so  construed  as  to  prevent  the  general  assembly 
from  changing  the  line  betw^een  the  counties  of  Pope  and  Johnson. 

Sec.  2.  No  part  of  a  county  shall  be  taken  off  to  form  a  new  county, 
or  a  part  thereof,  without  the  consent  of  a  majority  of  the  voters  m 
such  part  proposed  to  be  taken  off. 

Sec.  3.  No  county-seat  shall  be  established  or  changed  without  the 
consent  of  a  majority  of  the  qualified  voters  of  the  county  to  be 
affected  by  such  change,  nor  until  the  place  at  which  it  is  proposed 
to  establish  or  change  such  county-seat  shall  be  fully  designated : 
Provided,  That  in  formation  of  new  counties,"  the  county-seat  may  be 
located  temporarily  by  provisions  of  law. 

Sec.  4.  In  the  formation  of  new  counties,  no  line  thereof  shall  run 
within  ten  miles  of  the  county-seat  of  the  county  proposed  to  be 
divided,  except  the  county-seat  of  Lafayette  County. 

Sec.  5.  Sebastian  County  may  have  two  districts  and  two  county- 
seats,  at  which  county,  probate,  and  circuit  courts  shall  be  held  as 
may  be  provided  by  law,  each  district  paying  its  own  expenses- 


358  Arkansas — 1874 

Article  XIV 

EDUCATION 

Section  1.  Intelligence  and  virtue  being  the  safeguards  of  liberty 
and  the  bulwark  of  a  free  and  good  government,  the  State  shall  ever 
maintain  a  general,  suitable,  and  efficient  system  of  free  schools, 
whereby  all  pei*sons  in  the  State,  between  the  ages  of  six  and  twenty- 
one  years,  may  receive  gratuitous  instruction. 

Sec.  2.  No  money  or  property  belonging  to  the  public-school  fund 
or  to  this  State,  for  the  benefit  of  schools  or  universities,  shall  ever 
be  used  for  any  other  than  for  the  respective  purposes  to  which  it 
l)elongs. 

Skc-.  3.  The  general  assembly  shall  provide  by  general  \&ws  for 
the  support  of  common  schools  by  taxes,  which  shall  never  exceed  in 
any  one  year  two  mills  on  the  dollar  on  the  taxable  property  of  the 
State;  and  by  an  annual  per-capita  tax  of  one  dollar,  to- be  assessed 
on  every  male  inhabitant  of  this  State  over  the  age  of  twenty-one 
vears;  Provided.,  The  general  assembly  may,  by  general  law,  author- 
ize school-districts  to  levy,  by  a  vote  of  the  qualified  electors  of  such 
district,  a  tax,  not  to  exceed  five  mills  on  the  dollar  in  any  one  year 
for  school  purposes:  Provided  further.,  That  no  such  tax  shall  be 
appropriated  to  any  other  purpose,  nor  to  any  other  district  than  that 
for  Avhich  it  was  levied. 

Sec.  4.  The  supervision  of  public  schools,  and  the  execution  of  the 
laws  regulating  the  same,  shall  be  vested  in  and  confided  to,  such 
officers  as  may  be  provided  for  l)v  the  general  assembly. 

Article  XV 

IMPEACHMENT   AND   ADDKESS 

Section  1.  The  governor  and  all  State  officers,  judges  of  the 
supreme  and  circuit  courts,  chancellors  and  prosecuting  attorneys, 
shall  be  liable  to  impeachment  for  high  crimes  and  misdemeanors, 
and  gross  misconduct  in  office;  but  the  judgment  shall  go  no  further 
than  removal  from  office  and  disqualification  to  hold  any  office  of 
honor,  trust  or  profit  under  this  State.  An  impeachment,  whether 
successful  or  not,  shall  be  no  bar  to  an  indictment. 

Sec.  2.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  All  impeachments  shall  be  tried  by  the  senate.  AVhen 
sitting  for  that  purpose  the  senators  shall  be  upon  oath  or  affirmation; 
no  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  members  thereof.  The  chief-justice  shall  preside,  unless  he  is 
imj)eached  or  otherwise  disqualified,  when  the  senate  shall  select  a 
presiding  officer. 

Sec.  3.  The  governor,  upon  the  joint  address  of  two-thirds  of  all 
the  members  elected  to  each  house  of  the  general  assembly,  for  good 
cause,  may  remove  the  auditor,  treasurer,  secretary  of  state,  attorney- 
general,  judges  of  the  supreme  and  circuit  courts,  chancellors,  and 
prosecuting  attorneys. 


Arkansas— 1874  359 

Article  XVI 

FINANCE  AND  TAXATION 

Section  1.  Neither  the  State,  nor  any  city,  county,  town  or  other 
municipality  in  this  State  shall  ever  loan  its  credit  for  any  purpose 
whatever;  nor  shall  any  county,  city,  town  or  other  municipality 
ever  issue  any  interest-bearing  evidences  of  indebtedness ;  except  such 
bonds  as  may  be  authorized  by  law  to  provide  for,  and  secure  the  pay- 
ment of,  the  present  existing  indebtedness;  and  the  State  shall  never 
issue  any  interest-bearing  treasury  warrants  or  scrip. 

Sec.  2.  The  general  assembly  shall,  from  time  to  time,  provide  for 
the  payment  of  all  just  and  legal  debts  of  the  State. 

Sec.  3.  The  making  of  profit  out  of  public  moneys,  or  using  the 
same  for  any  purpose  not  authorized  by  law,  by  any  officer  of  the 
State,  or  member  or  officer  of  the  general  assembly,  shall  be  punish- 
able as  may  be  provided  by  law ;  but  part  of  such  punishment  shall 
be  disqualification  to  hold  office  in  this  State  for  a  period  of  five 
years. 

Sec.  4.  The  general  assembly  shall  fix  the  salaries  and  fees  of  all 
officers  in  the  State;  and  no  greater  salary  or  fee  than  that  fixed  by 
law  shall  be  paid  to  any  officer,  employe,  or  other  person,  or  at  any 
rate  other  than  par  value;  and  the  number  and  salaries  of  the  clerks 
and  employes  of  the  diiferent  departments  of  the  State  shall  be  fixed 
by  law. 

Sec.  5.  All  property  subject  to  taxation  shall  be  taxed  according 
to  its  value;  that  value  to  be  ascertained  in  such  manner  as  the  gen- 
eral assembly  shall  direct,  making  the  same  equal  and  uniform 
throughout  the  State.  No  one  species  of  property,  from  Avhich  a 
tax  may  be  collected,  shall  be  taxed  higher  than  another  species  of 
property  of  equal  value:  Provided,  The  general  assembly  shall  have 
power,  from  time  to  time,  to  tax  hawkers,  pedlers,  ferries,  exhibi- 
tions and  privileges  in  such  manner  as  may  be  deemed  proper:  Pi^o- 
vided  further,  That  the  following  property  shall  be  exempt  from 
taxation :  public  property  used  exclusively  for  public  purposes, 
churches  used  as  such,  cemeteries  used  exclusively  as  such,  school 
buildings  and  apparatus,  libraries  and  grounds  used  exclusively  for 
school  purposes,  and  buildings  and  grounds  and  materials  used 
exclusively  for  public  charity. 

Sec.  6.  All  laws  exempting  property  from  taxation  other  than  as 
provided  in  this  constitution  shall  be  void. 

Sec.  7.  The  power  to  tax  corporations  and  corporate  property  shall 
not  be  surrendered  or  suspended  by  any  contract  or  grant  to  which  the 
State  may  be  a  party. 

Sec.  8.  The  general  assembly  shall  not  have  power  to  levy  State 
taxes  for  any  one  year  to  exceed,  in  the  aggregate,  1  per  cent,  of  the 
assessed  valuation  of  the  property  of  the  State  for  that  year. 

Sec.  9.  No  county  shall  levy  a  tax  to  exceed  one-half  of  1  per  cent, 
for  all  purposes;  but  may  levy  an  additional  one-half  of  1  per  cent,  to 
pay  indebtedness  existing  at  the  time  of  the  ratification  of  this  con- 
stitution. 

Sec.  10.  The  taxes  of  counties,  towns,  and  cities  shall  only  be  pay- 
able in  lawful  currency  of  the  United  States,  or  the  orders  or  war- 
rants of  said  counties,  towns,  and  cities,  respectively. 


360  Arkansas— 1874 

Sec.  11.  No  tax  shall  be  levied  except  in  pursuance  of  law,  and 
every  law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same; 
and  no  moneys  arising  from  a  tax  levied  for  any  purpose  shall  be 
used  for  anv  other  purpose. 

Sec.  12.  No  money  shall  be  paid  out  of  the  treasury  until  the  same 
shall  have  Ix'en  appropriated  by  law,  and  then  only  in  accordance  with 
said  appropriation. 

Sec.  13.  Any  citi/.en  of  an}'  county,  city,  or  town  may  institute  suit 
in  behalf  of  himself  and  all  others  interested,  to  protect  the  inhabi- 
tants thereof  against  the  enforcement  of  any  illegal  exactions  what- 
ever. 

Article  XVII 

RAILROADS,    CANALS,    AND    TURNPIKES 

Section  1.  All  railroads,  canals,  and  turnpikes  shall  be  public  high- 
ways, and  all  railroad  and  canal  companies  shall  be  common  carriers. 
Any  association  or  corporation,  organized  for  the  purpose,  shall  have 
the  right  to  construct  and  operate  a  railroad  between  any  points 
within  this  State,  and  to  connect  at  the  State  line  with  railroads  of 
other  States.  Every  railroad  company  shall  have  the  right  with  its 
road  to  intersect,  connect  with,  or  cross  any  other  road,  and  shall 
receive  and  transport  each  the  other's  passengers,  tonnage,  and  cars, 
loaded  or  empty,  without  delay  or  discrimination. 

Sec.  2.  Every  railroad,  canal,  or  turnpike  corporation  operated  or 
partly  operated  in  this  State,  shall  maintain  one  office  therein,  where 
transfers  of  its  stock  shall  be  made,  and  where  its  books  shall  be  kept 
for  inspection  by  any  stockholder  or  creditor  of  such  corporation;  in 
which  shall  be  recorded  the  amount  of  capital  stock  subscribed  or  paid 
in,  and  the  amounts  owned  by  them,  respectively,  the  transfer  of  said 
stock,  and  the  names  and  the  places  of  residence  of  the  officers. 

Sec.  3.  All  individuals,  associations,  and  corporations  shall  have 
equal  right  to  have  persons  and  property  transported  over  railroads, 
canals,  and  turnpikes;  and  no  undue  or  unreasonable  discrimination 
shall  be  n«ide  in  charges  for  or  in  facilities  for  transportation  of 
freight  or  passengers  within  the  State,  or  coming  from  or  going  to 
any  other  State.  I*ersons  and  property  transported  over  any  railroad 
shall  be  delivered  at  any  station  at  charges  not  exceeding  the  charges 
for  transportation  of  persons  and  property  of  the  same  class;  in  the 
same  direction,  to  any  more  distant  station.  But  excursion  and  com- 
mutation tickets  may  he  issued  at  special  rates. 

Sec.  4.  No  railroad,  canal,  or  other  corporation,  or  the  lessees,  pur-, 
chasers,  or  managers  of  any  railroad,  canal,  or  corporation  shall  con- 
solidate the  stock,  property,  or  franchises  of  such  corporation  with, 
or  lease,  or  purchase  the  works  or  franchises  of,  or  in  any  way  control 
any  other  railroad  or  canal  corporation  owning  or  having  under  its 
control  a  parallel  or  competing  line,  nor  shall  any  officer  of  such  rail- 
road or  canal  corporation  act  as  an  officer  of  any  other  railroad  or 
canal  corporation,  owning  or  having  control  of  a  parallel  or  compet- 
ing line;  and  the  question  whether  railroads  or  canals  are  parallel  or 
competing  lines  shall,  when  demanded  by  the  party  complainant,  be 
decided  by  a  jury  as  in  civil  issues. 

Sec.  5.  No  president,  director,  officer,  agent  or  employe  of  any 
railroad  or  canal  company,  shall  be  interested,  directly  or  indirectly. 


Arkansas— 1874  361 

in  the  furnishing  of  material  or  supplies  to  such  company,  or  in  the 
business  of  transportation  as  a  common  carrier  of  freight  or  passen- 
gers over  the  works  owned,  leased,  controlled  or  worked  by  such 
company.  Nor  in  any  arrangement  which  shall  afford  more  advan- 
tageous terms,  or  greater  facilities  than  are  offered  or  accorded  to 
the  public.  And  all  contracts  and  arrangements  in  violation  of  this 
section  shall  be  void. 

Sec.  6.  No  discrimination  in  charges,  or  facilities  for  transporta- 
tion, shall  be  made  between  transportation  companies  and  individ- 
uals, or  in  favor  of  either  by  abatement,  drawback  or  otherwise,  and 
no  railroad  or  canal  company,  or  any  lessee,  manager  or  employe 
thereof,  shall  make  any  preferences  in  furnishing  cars  or  motive- 
power. 

Sec.  7.  The  general  assembly  shall  prevent,  by  law  the  granting  of 
free  passes  by  any  railroad  or  transportation  company  to  any  officer 
of  this  State,  legislative,  executive  or  judicial. 

Sec.  8.  The  General  Assembly  shall  not  remit  the  forfeiture  of  the 
charter  of  any  corporation  now  existing,  or  alter  or  amend  the  same, 
or  pass  any  general  or  special  law  for  the  benefit  of  such  corporation, 
except  on  condition  that  such  corporation  shall  thereafter  hold  its 
charter,  subject  to  the  provisions  of  this  constitution. 

Sec.  9.  The  exercise  of  the  right  of  eminent  domain  shall  never  be 
abridged  or  so  construed  as  to  prevent  the  general  assembly  from  tak- 
ing the  property  and  franchises  of  incorporated  companies  and  sub- 
jecting them  to  public  use,  the  same  as  the  property  of  individuals. 

Sec.  10.  The  General  Assembly  shall  pass  laws  to  correct  abuses, 
and  prevent  unjust  discrimination  and  excessive  charges  by  railroad, 
canal  and  turnpike  companies  for  transporting  freight  and  passen- 
gers, and  shall  provide  for  enforcing  such  laws  by  adequate  penalties 
and  forfeitures. 

Sec.  11.  That  rolling-stock  and  all  other  movable  property  belong- 
ing to  any  railroad  company  or  corporation  in  this  State  shall  be 
considered  personal  property,  and  shall  be  liable  to  execution  and 
sale,  in  the  same  manner  as  the  personal  property  of  individuals; 
and  the  general  assembly  shall  pass  no  law  exempting  any  such 
property  from  execution  and  sale. 

Sec.  12.  All  railroads,  which  are  now  or  may  be  hereafter  built 
and  operated,  either  in  whole  or  in  part,  in  this  State,  shall  be  respon- 
sible for  all  damages  to  persons  and  property,  under  such  regulations 
as  may  be  prescribed  by  the  general  assembly. 

Sec.  13.  The  directors  of  every  railroad  corporation  shall  annually 
make  a  report  under  oath  to  the  auditor  of  public  accounts,  of  all 
their  acts  and  doings ;  which  reports  shall  include  such  matters  relat- 
ing to  railroads  as  may  be  prescribed  by  law ;  and  the  general  assem- 
bly shall  pass  laws  enforcing  by  suitable  penalties,  the  provisions 
of  this  section. 

Article  XVIII 

JUDICIAL   CIRCUITS 

Until  otherwise  provided  by  the  General  Assembly,  the  judicial 
circuits  shall  be  composed  of  the  following  counties : 

First — Phillips,  Lee,  Saint  Francis,  Prairie,  Woodruff,  White  and 
Monroe. 


362  Arkansas— 1874 

Second — Mississippi,  Crittenden,  Cross,  Poinsett,  Craighead, 
Greene,  Clayton  and  Randolph. 

Third — Jackson,  Independence,  Lawrence,  Sharp,  Fulton,  Izard, 
Stone  and  Baxter. 

Fourth — Marion,  Boone,  Searcy,  Newton,  Madison,  Carroll,  Ben- 
ton and  Washington. 

Fifth — Pope,  Johnson,  Franklin,  Crawford,  Sebastian,  Sarber  and 
Yell. 

Sixth — Lonoke,  Pulaski,  Van  Buren  and  Faulkner. 

Seventh — (irant.  Hot  Spring,  Oarland,  Perry,  Saline  and  Conway. 

Eighth — Scott,  Montgomery,  Polk,  Howard,  Sevier,  I^ittle  River, 
Pike  and  Clark. 

Ninth — Hempstead,  Lafayette,  Nevada,  Columbia,  Union,  Ouach- 
ita, and  Calhoun. 

Tenth — Chicot,  Drew,  Ashley,  Bradley,  Dorsey,  and  Dallas. 

Eleventh — Desha,  Arkansas,  Lincoln,  and  Jefferson. 

Until  otherwise  provided  by  the  general  assembly,  the  circuit 
courts  shall  be  begun  and  held  in  the  several  counties  as  follows : 

FIBST   CIBCUIT 

White — First  Monday  in  February  and  August. 

Woodruff — Third  Monday  in  February  and  August. 

Prairie — Second  Monday  after  the  third  Monday  in  February  and 
August. 

Monroe — Sixth  Monday  after  the  third  Monday  in  February  and 
August. 

Saint  Francis — Eighth  Monday  after  the  third  Monday  in  Febru- 
ary and  August. 

Lee — Tenth  Monday  after  the  third  Monday  in  February  and 
August. 

Phillips — Twelfth  Monday  after  the  third  Monday  in  February 
and  August. 

SECOND   CIRCUIT 

Mississippi — First  Monday  in  March  and  September. 

Crittenden — Second  Monday  in  March  and  September. 

Cross — Second  Monday  after  the  second  Monday  in  March  and 
September. 

Poinsett — Third  Monday  after  the  second  Monday  in  March  and 
September. 

Craighead — Fourth  Monday  after  the  second  Monday  in  March 
and  September. 

Greene — Sixth  Monday  after  the  second  Monday  in  March  and 
September. 

Clayton — Seventh  Monday  after  the  second  Monday  in  March  and 
September. 

Randolph — Ninth  Monday  after  the  second  Monday  in  March  and 
September. 

THIBD   CIBCUIT 

Jackson — First  Monday  in  March  and  September. 
Lawrence — Fourth  Monday  in  March  and  September. 
Sharp — Second  Monday  after  the  fourth  Monday  in  March  and 
September. 


Arkansas— 1874-  363 

Fulton — Fourth  Monday  after  the  fourth  Monday  in  March  and 
September. 

Baxter — Sixth  Monday  after  the  fourth  Monday  in  March  and 
September. 

Izard — Seventh  Monday  after  the  fourth  Monday  in  March  and 
September. 

Stone — Ninth  Monday  after  the  fourth  Monday  in  March  and 
September. 

Independence — Tenth  Monday  after  the  fourth  Monday  in  March 
and  September. 

FOUBTH    CIRCUIT 


in  February  and 


Marion — Second  Monday  in  February  and  August. 

Boone — Third  Monday  in  February  and  August. 

Searcy — Second  Monday  after  the  third  Monday 
August. 

Newton — Third  Monday  after  the  third  Monday  in  February  and 
August. 

Carroll — Fourth  Monday  after  the  third  Monday  in  February  and 
August. 

Madison — Fifth  Monday  after  the  third  Monday  in  February  and 
August. 

Benton — Sixth  Monday  after  the  third  Monday  in  February  and 
August. 

Washington — Eighth  Monday  after  the  third  Monday  in  February 


FIFTH    CIRCUIT 


Greenwood  district,  Sebastian  County — Third  Monday  in  Febru- 
ary and  August. 

Fort  Smith  district,  Sebastian  County — First  Monday  after  the 
fourth  Monday  in  February  and  August. 

Crawford  County — Fourth  Monday  after  the  fourth  Monday  in 
February  and  August. 

Franklin  County — Sixth  Monday  after  the  fourth  Monday  in  Feb- 
ruary and  August. 

Sarber  County — Eighth  Monday  after  the  fourth  Monday  in  Feb- 
ruary and  August. 

Yell  County — Tenth  Monday  after  the  fourth  Monday  in  February 
and  August. 

Pope  County — Twelfth  Monday  after  the  fourth  Monday  in  Feb- 
ruary and  August. 

Johnson  County — Fourteenth  Monday  after  the  fourth  Monday  in 
February  and  August. 

SIX-EH    CIRCUIT 

In  the  county  of  Pulaski  on  the  first  Monday  in  February,  and  con- 
tinue twelve  weeks  if  the  business  of  said  court  require  it. 

In  the  county  of  Lonoke  on  the  first  Monday  succeeding  the  Pulaski 
court,  and  continue  two  weeks  if  the  business  of  said  court  require  it. 

In  the  county  of  Faulkner  on  the  first  Monday  after  the  Lonoke 
court,  and  contmue  two  weeks  if  the  business  of  said  court  require  it. 

In  the  county  of  Van  Buren  on  the  first  Monday  after  the  Faulkner 
court,  and  continue  two  weeks  if  the  business  of  said  court  require  it. 


364  Arkansas— 1874 

FALL   TERM,    SIXTH    CIBCUIT 

In  the  county  of  Pulaski  on  the  first  Monday  in  October,  and  con- 
tinue seven  weeks  if  the  business  of  said  court  require  it. 

In  the  county  of  Lonoke  on  the  first  Monday  next  after  the  Pulaski 
court,  and  continue  two  weeks  if  the  business  of  said  court  require  it. 

In  the  county  of  Faulkner  on  the  first  Monday  after  the  Lonoke 
court,  and  continue  one  week  if  the  business  of  said  court  require  it. 

In  the  county  of  Van  Buren  on  the  first  Monday  after  the  Faulkner 
court,  and  continue  one  week  if  the  business  of  said  court  require  it. 

SEVENTH    CIBCUIT 

Hot  Spring — Second  Monday  in  March  and  September. 

Grant^ — Third  Monday  in  March  and  Septemljer. 

Saline — Fourth  Monday  in  March  and  September. 

Conway — Second  Monday  after  fourth  Monday  in  March  and 
September. 

Perry — Fourth  Monday  after  the  fourth  Monday  in  March  and 
September. 

Garland — Fifth  Monday  after  the  fourth  Monday  in  March  and 
September. 

KIOHTH  ciBcmr 

Montgomery — First  Monday  in  Febiiiary  and  August. 

Scott — First  Monday  after  the  first  Monday  in  February  and 
August. 

Polk — Second  Monday  after  the  first  Monday  in  February  and 
August. 

Sevier — ^Third  Monday  after  the  first  Monday  in  February  and 
August. 

Little  River — Fifth  Monday  after  the  first  Monday  in  February 
and  August. 

Howard — Seventh  Monday  after  the  fii*st  Monday  in  February  and 
Au^st. 

Pike — Eighth  Monday'  after  the  first  Monday  in  February  and 
August. 

Clark — Ninth  Monday  after  the  first  Monday  in  February  and 
August. 

NINTH    CIBCinT 

Calhoun — First  Monday  in  March  and  September. 

Union — Second  Monday  after  the  first  Monday  in  March  and 
September. 

Columbia — Fourth  Monday  after  the  first  Monday  in  March  and 
September. 

Lafavette — Sixth  Monday  after  the  first  Monday  in  March  and 
Septemlber. 

Hempstead — Eighth  Monday  after  the  first  Monday  in  March  and 
September. 

Nevada — Eleventh  Monday  after  the  first  Monday  in  March  and 
September. 

Ouachita — Thirteenth  Monday  after  the  first  Monday  in  March  arid 
September. 


Arkansas— 1874  365 

TENTH    CIRCUIT 

Dorsey — Third  Monday  in  February  and  August. 

Dallas — First  Monday  in  March  and  September. 

Bradley — Second  Monday  in  March  and  September. 

Ashley — Third  Monday  in  March  and  September. 

*Drew — Second  Monday  after  the  third  Monday  in  March  and  Sep- 
tember. 

Chicot — Fourth  Monday  after  the  third  Monday  in  March  and 
September. 

ELEVENTH   CIRCUIT 

In  the  county  of  Desha  on  the  first  Monday  in  March  and  Sep- 
tember. 

In  the  county  of  Arkansas  on  the  fourth  Monday  in  March  and 
September. 

In  the  county  of  Lincoln  on  the  third  Monday  after  the  fourth 
Monday  in  March  and  September. 

In  the  county  of  Jefferson  on  the  sixth  Monday  after  the  fourth 
Monday  in  March  and  September. 

Article  XIX 

MISCELLANEOUS    PROVISIONS 

Section  1.  No  person  who  denies  the  being  of  a  God  shall  hold  any 
office  in  the  civil  departments  of  this  State,  nor  be  competent  to  testif^^ 
as  a  witness  in  any  court. 

Sec.  2.  No  person  who  may  hereafter  fight  a  duel,  assist  in  the  same 
as  second,  or  send,  accept,  or  knowingly  carry  a  challenge  therefor, 
shall  hold  any  office  in  the  State  for  a  period  of  ten  years ;  and  may  be 
otherwise  punished  as  the  law  may  prescribe. 

Sec.  3.  No  person  shall  be  elected  to  or  appointed  to  fill  a  vacancy 
in  any  office  who  does  not  possess  the  qualifications  of  an  elector. 

Sec.  4.  All  civil  officers  for  the  State  at  large  shall  reside  within 
the  State,  and  all  district,  county,  and  township  officers  within  their 
respective  districts,  counties,  and  townships,  and  shall  keep  their 
offices  at  such  places  therein  as  are  now,  or  may  hereafter  be,  required 
by  law. 

Sec.  5.  All  officers  shall  continue  in  office  after  the  expiration  of 
their  official  terms  until  their  successors  are  elected  and  qualified. 

Sec.  6.  No  person  shall  hold  or  perform  the  duties  of  more  than 
one  office  in  the  same  department  of  the  government  at  the  same  time, 
except  as  expressly  directed  or  permitted  by  this  constitution. 

Sec.  7.  Absence  on  business  of  the  State,  or  of  the  United  States,  or 
on  a  visit,  or  on  necessary  private  business,  shall  not  cause  a  forfeiture 
of  residence  once  obtained. 

Sec.  8.  It  shall  be  the  duty  of  the  general  assembly  to  regulate  by 
law  in  what  cases  and  what  deductions  from  the  salaries  of  public  offi- 
cers shall  be  made  for  neglect  of  duty  in  their  official  capacity. 

Sec.  9.  The  general  assembly  shall  have  no  power  to  create  any  per- 
manent State  office  not  expressly  provided  for  by  this  constitution. 

Sec.  10.  Returns  for  all  elections  for  officers  who  are  to  be  commis- 
sioned by  the  governor,  and  for  members  of  the  general  assembly, 

7251— VOL  1—07 26" 


366  Arkansas— 1874 

except  as  otherwise  provided  by  this  constitution,  shall  be  made  to  the 
secretary  of  state. 

Sec.  11.  The  governor,  secretary  of  state,  auditor,  treasurer,  attor- 
ney-general, judges  of  the  supreme  court,  judges  of  the  circuit  court, 
commissioner  of  Stale  lands,  and  prosecuting  attorneys  shall  each 
receive  a  salary  to  be  established  by  law,  which  shall  not  be  increased 
or  diminished  during  their  respective  terms,  nor  shall  any  of  them, 
except  the  prosecuting  attorneys,  after  the  adoption  of  this  constitu- 
tion, receive  to  his  own  use  any  fees,  costs,  perquisites  of  office,  or 
other  compensation;  and  all  fees  that  may  hereafter  Ik?  payable  by 
law,  for  any  service  performed  by  any  officer  mentioned  m  this  sec- 
tion, except  prosecutmg  attorneys,  shall  be  paid  in  advance  into  the 
State  treasury:  Proinaed,  That  the  salaries  of  the  respective  officers 
herein  mentioned  shall  never  exceed  per  annum  for  governor,  the  sum 
of  $4,000 ;  for  Secretary  of  state,  the  sum  of  $2,500 ;  for  treasurer  of 
state,  the  sum  of  $3,000 ;  for  auditor  of  state,  the  sum  of  $3,000 ;  for 
attorney-general,  the  sum  of  $2,500;  for  commissioner  of  State  lands, 
the  sum  of  $2,500;  for  judges  of  the  supreme  court,  each,  the  sum  oi 
$4,000;  for  judges  of  the  circuit  courts  and  chancellors,  each,  the  sum 
of  $3,000;  for  prosecuting  attorneys,  the  sum  of  $400:  A7id  provided 
further^  That  the  general  Assembly  shall  provide  for  no  increase  of 
salaries  of  its  members  which  shall  take  effect  before  the  meeting  of 
the  next  general  assembly. 

Sec.  12.  An  accurate  and  detailed  statement  of  the  receipts  and 
expenditures  of  the  public  money,  the  several  amounts  paid,  to  whom 
and  on  what  account,  shall,  from  time  to  time,  be  published  as  may 
be  prescribed  by  law. 

Sec.  13.  All  contracts  for  a  greater  rate  of  interest  than  10  per 
centum  per  annum  shall  be  void,  as  to  principal  and  interest,  and  the 
general  assembly  shall  prohibit  the  same  by  law;  but  when  no  rate 
of  interest  is  agreed  upon  the  rate  shall  be  G  per  centum  per  annum. 

Sec.  14.  No  Tottery  shall  be  authorized  by  tnis  State,  nor  shall  the 
sale  of  lottery-tickets  be  allowed. 

Sec.  15.  All  stationery,  printing,  paper,  fuel,  for  the  use  of  the 
General  Assembly  and  other  departments  or  government,  shall  be  fur- 
nished, and  the  printing,  binding  and  distributing  of  the  laws,  jour- 
nals, department  reports,  and  all  other  printing  and  binding,  and  the 
repairing  and  furnishing  the  halls  and  rooms  used  for  the  meetings 
of  the  general  assembly  and  its  committees,  shall  be  performed  under 
contract,  to  be  given  to  the  lowest  responsible  bidder,  l>elow  such 
maximum  price  and  under  such  regulations  as  shall  be  prescribed  by 
law.  No  member  or  officer  of  any  department  of  the  government 
shall  in  any  way  be  interested  in  such  contracts,  and  all  such  con- 
tracts shall  be  subject  to  the  approval  of  the  governor,  auditor  and 
treasurer. 

Sec.  16.  All  contracts  for  erecting  or  repairing  public  buildings  or 
bridges  in  any  county,  or  for  materials  therefor;  or  for  providing  for 
the  care  and  keeping  of  paupers,  where  there  are  no  almshouses,  shall 
be  given  to  the  lowest  responsible  bidder,  under  such  regulations  as 
may  be  provided  by  law. 

Sec.  17.  The  laws  of  this  State,  civil  and  criminal,  shall  be  revised, 
digested,  arranged,  published  and  promulgated  at  such  times,  and  in 
such  manner  as  the  general  assembly  may  direct. 


Arkansas— 1874  367 

Sec.  18.  The  general  assembly,  by  suitable  enactments,  shall  reciuire 
such  appliances  and  means  to  be  provided  and  used,  as  may  be  neces- 
sary to  secure,  as  far  as  possible,  the  lives,  health  and  safety  of  per- 
sons employed  in  mining,  and  of  persons  traveling  upon  railroads, 
and  by  other  public  conveyances,  and  shall  provide  for  enforcing  such 
enactments  by  adequate  pains  and  penalties. 

Sec.  19.  It  shall  be  the  duty  of  the  general  assembly  to  provide  by 
law,  for  the  support  of  institutions  for  the  education  of  the  deaf  and 
dumb,  and  of  the  blind;  and  also  for  the  treatment  of  the  insane. 

Sec.  20.  Senators  and  representatives,  and  all  judicial  and  execu- 
tive. State  and  count j  officers,  and  all  other  officers,  both  civil  and 
military,  before  entermg  on  the  duties  of  their  respective  offices,  shall 

take  and  subscribe  to  the  following  oath  or  affirmation :  "  I, 

,  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Consti- 
tution of  the  United  States,  and  the  constitution  of  the  State  of 
Arkansas,  and  that  I  will  faithfully  discharge  the  duties  of  the  office 
of ,  upon  which  I  am  now  about  to  enter." 

Sec.  21.  The  sureties  upon  the  official  bonds  of  all  State  officers 
shall  be  residents  of,  and  have  sufficient  property  within,  the  State, 
not  exempt  from  sale  under  execution,  attachment  or  other  proce?5S  of 
any  court,  to  make  good  their  bonds,  and  the  sureties  upon  the  official 
bonds  of  all  county  officers  shall  reside  within  the  counties  where 
such  officers  reside,  and  shall  have  sufficient  property  therein,  not 
exempt  from  such  sale,  to  make  good  their  bonds. 

Sec.  22.  Either  branch  of  the  general  assembly,  at  a  regular  ses- 
sion thereof,  may  propose  amendments  to  this  constitution;  and  if 
the  same  be  agreed  to  by  a  majority  of  all  the  members  elected  to  each 
house,  such  proposed  amendments  shall  be  entered  on  the  journals 
Avith  the  yeas  and  nays,  and  published  in  at  least  one  newspaper  in 
each  county,  where  a  newspaper  is  published,  for  six  months  imme- 
diately preceding  the  next  general  election  for  senators  and  represen- 
tatives, at  which  time  the  same  shall  be  submitted  to  the  electors  of 
the  State  for  approval  or  rejection,  and  if  a  majority  of  the  electors 
voting  at  such  election  adopt  such  amendments  the  same  shall  become 
a  part  of  this  constitution.  But  no  more  than  three  amendments 
shall  be  proposed  or  submitted  at  the  same  time.  They  shall  be  so 
submitted  as  to  enable  the  electors  to  vote  on  each  amendment  sepa- 
rately. 

Sec.  23.  No  officer  of  this  State,  nor  of  any  county,  city,  or  town, 
shall  receive,  directly  or  indirectly,  for  salary,  fees,  and  perquisites, 
more  than  five  thousand  dollars  net  profit  per  annum  in  par  funds, 
and  any  and  all  sums  in  excess  of  this  amount  shall  be  paid  into  the 
State,  county,  city,  or  town  treasury,  as  shall  hereafter  be  directed  by 
appropriate  legislation. 

Sec.  24.  The  general  assembly  shall  provide  by  law  the  mode  of 
contesting  elections  in  cases  not  specifically  provided  for  in  this  con- 
stitution. 

Sec.  25.  The  present  seal  of  the  State  shall  be  and  remain  the  seal 
of  the  State  of  Arkansas  until  otherwise  provided  by  law,  and  shall 
be  kept  and  used  as  provided  in  this  constitution. 

Sec.  26.  Militia  officers,  and  officers  of  the  public  schools,  and 
notaries  may  be  elected  to  fill  any  executive  or  judicial  office. 

Sec.  27.  ISfothing  in  this  constitution  shall  be  so  construed  as  to 


368  Arkansas— 1874 

prohibit  the  general  assembly  from  authorizing  assessments  on  real 

f)roperty  for  local  improvement,  in  towns  and  cities,  under  such  regu- 
ations  as  may  be  prescribed  by  law;  to  be  based  upon  the  consent 
of  the  majority  in  value  of  the  property-holders  owning  property 
adjoining  the  locality  to  be  effected;  but  such  assessments  shall  be 
ad  valorem  and  uniform. 

Schedule 

Section  1.  All  laws  now  in  force,  which  are  not  in  conflict  or 
inconsistent  with  this  constitution,  shall  continue  in  force  until 
amended  or  repealed  by  the  general  assembly,  and  all  laws  exempting 
property  from  sale  on  execution,  or  by  decree  of  a  court,  which  were 
m  force  at  the  time  of  the  adoption  of  the  constitution  of  1808,  shall 
remain  in  force  with  regard  to  contracts  made  before  that  time. 
Until  otherwise  provided  by  law,  no  distinction  shall  exist  between 
sealed  and  unsealed  instruments,  concerning  contracts  between  indi- 
viduals, executed  since  the  adoption  of  the  constitution  of  1808 :  Pro- 
vided^ That  the  statutes  of  limitation-  with  regard  to  sealed  and 
unsenled  instruments,  in  force  at  that  time,  contmue  to  apply  to  all 
instruments  afterwards  executed,  until  altered  or  rei^ealed. 

Sec.  2.  In  civil  actions  no  witness  shall  be  excluded  because  he  is  a 
party  to  the  suit,  or  interested  in  the  issue  to  be  tried :  Provided,  That 
in  actions  by  or  against  executors,  administrators,  or  guardians,  in 
which  judgment  may  be  rendered  for  or  against  them,  neither  party 
shall  be  allowed  to  testify  against  the  other  as  to  any  transactions 
Avith  or  statements  of  the  testator,  intestate,  or  ward,  unless  called  to 
testify  thereto  by  the  opposite  party:  Provided,  further,  That  this 
section  may  be  amended  or  repealed  by  the  general  assembly. 

Sec.  3.  An  election  shall  be  held  at  the  several  election  precincts  of 
every  county  in  the  State,  on  Tuesday,  the  thirteenth  day  of  October, 
1874,  for  governor,  secretary  of  state,  auditor,  treasurer,  attorney- 
general,  commissioner  of  State  lands,  (for  two  years,  unless  the  office 
IS  sooner  abolished  by  the  general  assembly,)  chancellor  and  clerk  of 
the  separate  chancery  court  of  Pulaski  County,  chief -j ustice,  and  two 
associate  justices  of  the  supreme  court,  a  circuit  judge  and  prosecut- 
ing attorney  for  each  judicial  circuit  provided  for  in  this  constitution, 
senators  and  representatives  to  the  general  assembly,  all  county  and 
township  officers  provided  for  in  this  constitution;  and  also  for  the 
submission  of  this  constitution  to  the  qualified  electors  of  the  State, 
for  its  adoption  or  rejection. 

Sec.  4.  The  qualification  of  voters  at  the  election,  to  be  held  as  pro- 
vided in  this  schedule,  shall  be  the  same  as  is  now  prescribed  by  law. 

Sec.  5.  The  State  board  of  supervisors  hereinafter  mentioned  shall 
give  notice  of  said  election  immediately  after  the  adoption  of  this 
constitution  by  this  convention,  by  proclamation  in  at  least  two  news- 
papers published  at  Little  Rock,  and  such  other  newspapers  as  they 
may  select.  And  each  county  board  of  supervisors  shall  give  public 
notice,  in  their  respective  counties,  of  said  election,  immediately  after 
their  appointment. 

Sec.  0.  The  Governor  shall  also  issue  a  proclamation  enjoining 
upon  all  peace-officers  the  duty  of  preserving  good  order  on  the  day 
or  said  election,  and  preventing  any  disturbance  of  the  same. 


Arkansas— 1874  369 

Sec.  7.  Augustus  H.  Garland,  Gordon  N.  Peay,  and  Dudley  E. 
Jones  are  hereby  constituted  a  State  board  of  supervisors  of  said  elec- 
tion, who  shall  take  an  oath  faithfully  and  impartially  to  discharge 
the  duties  of  their  office,  a  majority  of  whom  shall  be  a  quorum,  and 
who  shall  perform  the  duties  Herein  assigned  them.  Should  a 
vacancy  occur  in  said  board  by  refusal  to  serve,  death,  removal, 
resignation  or  otherwise,  or  if  any  member  should  become  incapac- 
itated from  performing  said  duties,  the  remaining  members  of  the 
board  shall  fill  the  vacancy  by  appointment.  But  if  all  the  places 
on  said  board  become  vacant  at  the  same  time,  the  said  vacancies  shall 
be  filled  by  the  president  of  this  convention. 

Sec.  8.  Said  State  board  shall  at  once  proceed  to  appoint  a  board 
of  election-supervisors  for  each  county  of  this  State,  consisting  of 
three  men  of  known  intelligence  and  uprightness  of  character,  who 
shall  take  the  same  oath  as  above  provided  for  the  State  board.  A 
majority  of  each  board  shall  constitute  a  quorum,  and  shall  perform 
the  duties  herein  assigned  to  them^  and  vacancies  occurring  in  the 
county  boards  shall  be  filled  by  the  State  board. 

Sec.  9.  The  State  board  shall  provide  the  form  of  poll-books,  and 
each  county  board  shall  furnish  the  judges  of  each  election  precinct 
with  three  copies  of  the  poll-books  in  the  form  prescribed ;  -and  with 
ballot-boxes,  at  the  expense  of  the  county. 

Sec.  10.  The  State  board  of  supervisors  shall  cause  to  be  furnished 
in  pamphlet  form  a  sufficient  number  of  copies  of  this  constitution  to 
supply  each  county  supervisor  and  judge  of  election  with  a  copy,  and 
shall  forward  the  same  to  the  county  election  boards  for  distribution. 

Sec.  11.  The  boards  of  county  election  supervisors  shall  at  once 
proceed  to  appoint  three  judges  of  election  for  each  election  precinct 
in  their  respective  counties,  and  the  judges  shall  appoint  three  elec- 
tion-clerks for  their  respective  precincts,  all  of  whom  shall  be  good, 
competent  men,  and  take  an  oath  as  prescribed  above.  Should  the 
judges  of  any  election  precinct  fail  to  attend  at  the  time  and  place 
provided  by  law,  or  decline  to  act,  the  assembled  electors  shall  choose 
competent  persons,  in  the  manner  provided  by  law,  to  act  in  their 
place,  who  shall  be  sworn  as  above. 

Sec.  12.  Said  election  shall  be  conducted  in  accordance  with  exist- 
ing laws,  except  as  herein  provided.  As  the  electors  present  them- 
selves at  the  polls  to  vote,  the  judges  of  the  election  shall  pass  upon 
their  qualifications,  and  the  clerks  of  the  election  shall  register  their 
names  on  the  poll-books  if  qualified;  and  such  registration  by  said 
clerks  shall  be  a  sufficient  registration  in  conformity  with  the  Con- 
stitution of  this  State,  and  then  their  votes  shall  be  taken. 

Sec.  13.  Each  elector  shall  have  written  or  printed  on  his  ticket 
"  For  constitution,"  or  "'Against  constitution,"  and  also  the  offices 
and  the  names  of  the  candidates  for  the  offices,  for  whom  he  desires 
to  vote. 

Sec.  14.  The  judges  shall  deposit  the  tickets  in  the  ballot-box;  but 
no  elector  shall  vote  outside  of  the  township  or  ward  in  which  he 
resides.  The  names  of  the  electors  shall  be  numbered,  and  the  corre- 
sponding numbers  shall  be  placed  on  the  ballots  by  the  judges  when 
deposited. 

Sec.  15.  All  dram-shops  and  drinking-houses  in  this  State,  shall 
be  closed  during  the  day  of  said  election,  and  the  succeeding  night; 


370  Arkansas— 1874  ^ 

and  any  person  selling  or  giving  away  intoxicating  liquors  during 
said  day  or  night,  shall  be  punished  by  fine  not  less  than  two  hun- 
dred dollars,  for  each  and  every  offence,  or  imprisoned  not  less  than 
six  months,  or  both. 

Sec.  16.  The  polls  shall  be  opened  at  eight  o'clock  in  the  forenoon, 
and  shall  be  kept  open  until  sunset.  After  the  polls  are  closed  the 
ballots  shall  be  counted  by  the  judges  at  the  place  of  voting,  as  soon 
as  the  polls  are  closed,  unless  prevented  by  violence  or  accident ;  and 
the  results  by  them  certified  on  the  poll-books,  and  the  ballots  sealed 
up.  They  shall  be  returned  to  the  county  board  of  election  super- 
visors, who  shall  proceed  to  cast  up  the  votes  and  ascertain  and  state 
the  nuniljer  of  votes  cast  for  the  constitution,  and  the  numlx'r  cast 
against  the  constitution,  and  also  the  nuinlx?r  of  votes  cast  for  each 
candidate  voted  for,  for  any  office,  and  shall  forthwith  forward  to 
the  State  board  of  supervisors,  duly  certified  by  them,  one  copy  of 
the  statement  or  abstracts  of  the  votes  so  made  out  by  them,  retain 
one  copy  in  their  possession,  ami  file  one  copy  in  the  office  of  the 
county  clerk,  where  they  shall  also  deposit  for  safe-keeping  the  ballots 
sealed  up,  and  one  copy  of  the  poll-books,  retaining  possession  of  the 
other  copies. 

Sec.  17.  The  State  board  of  supervisors  shall  at  once  proceed,  on 
receiving  such  returns  from  the  countj'^  boards,  to  ascertain  therefrom 
and  state  the  whole  number  of  votes  given  for  the  constitution,  and 
the  whole  number  given  against  it;  and  if  a  majority  of  all  votes  cast 
be  in  favor  of  the  constitution,  they  shall  at  once  make  public  that  fact 
by  publication  in  two  or  more  of  the  leading  newspapers  published 
in  the  city  of  Little  Rock,  and  this  constitution,  from  that  date  shall 
be  in  force;  and  they  shall  also  make  out  and  file  in  the  office  of  the 
secretary  of  state  an  abstract  of  all  the  votes  cast  for  the  constitution, 
and  all  the  votes  cast  against  it ;  and  also  an  abstract  of  all  votes  cast 
for  every  candidate  voted  for  at  the  election,  and  file  the  same  in  the 
office  of  the  secretary  of  state,  showing  the  candidates  elected.  They 
shall  also  make  out  and  certify,  and  lay  before  each  house  of  the 
general  assembly  a  list  of  the  members  elected  to  that  house;  and 
shall  also  make  out,  certify  and  deliver  to  the  speaker  of  the  house  of 
representatives,  an  abstract  of  all  votes  cast  at  the  election  for  any  and 
all  persons  for  the  office  of  governor,  secretary  of  state,  treasurer 
of  state,  auditor  of  state,  attorney-general,  and  commissioner  of  State 
lands,  and  the  said  speaker  shall  cast  up  the  votes,  and  announce  the 
names  of  the  persons  elected  to  these  offices.  The  governor,  secre- 
tary of  state,  treasurer  of  state,  Auditor  of  state,  attorney-general, 
and  commissioner  of  State  lands,  chosen  at  said  election,  shall  qualify 
and  enter  upon  the  discharge  of  the  duties  of  their  respective  offices 
within  fifteen  days  after  the  announcement  of  their  election  as 
•aforesaid. 

Sec.  18.  All  officers  shown  to  be  elected  by  the  abstract  of  said 
election  filed  by  the  State  board  of  supervisors  in  the  office  of  the 
secretary  of  state,  required  by  this  Constitution  to  be  commissioned, 
shall  be  commissioned  bv  the  governor. 

Sec.  19.  At  said  election  the  qualified  voters  of  each  county  and 
senatorial  district  as  defined  in  article  eight  of  this  constitution, 
shall  elect  respectively  representatives  and  senators  according  to  the 
numbers  and  apportionment  contained  in  said  article.  The  board 
of  election  supervisors  of  each  county  shall  furnish  certificates  of 


Arkansas— 1874  371 

election  to  the  person  or  persons  elected  to  the  house  of  representa- 
tives as  soon  as  practicable  after  the  result  of  the  election  has  been 
ascertained,  and  such  board  of  election  supervisors  in  each  county 
shall  make  a  correct  return  of  the  election  for  senator  or  senators 
to  the  board  of  election  supervisors  of  the  county  first  named  in  the 
senatorial  apportionment,  and  said  board  shall  furnish  certificates  of 
election  to  the  person  or  persons  elected  as  Senator  or  Senators  in 
said  senatorial  district  as  soon  as  practicable. 

Sec.  20.  All  officers  elected  under  this  Constitution,  except  the 
Governor,  Secretary  of  state,  auditor  of  state,  treasurer,  attorney- 
general  and  commissioner  of  State  lands,  shall  enter  upon  the  duties 
of  their  several  offices  when  they  shall  have  been  declared  duly  elected 
by  said  State  board  of  supervisors,  and  shall  have  duly  qualified. 
All  such  officers  shall  qualify  and  enter  upon  the  duties  of  their  offices 
within  fifteen  days  after  they  have  been  duly  notified  of  their  election. 

Sec.  21.  Upon  the  qualification  of  the  officers  elected  at  said  elec- 
tion, the  present  incumbents  of  the  offices  for  which  the  election  is 
held  shall  vacate  the  same,  and  turn  over  to  the  officers  thus  elected 
and  qualified,  all  books,  papers,  records,  moneys,  and  documents 
belonging  or  pertaining  to  said  offices  by  them  respectively  held. 

Sec.  22.  The  first  session  of  the  general  assembly  under  this  consti- 
tution shall  commence  on  the  first  Tuesday  after  the  second  Monday 
in  November,  eighteen  hundred  and  seventy-four. 

Sec.  23.  The  county  courts  provided  for  in  this  constitution  shall 
be  regarded  in  law,  as  a  continuation  of  the  boards  of  supervisors  now 
existing  by  law,  and  the  circuit  courts  shall  be  regarded  in  law  as 
continuations  of  the  criminal  courts  wherever  the  same  may  have 
existed  in  their  respective  counties;  and  the  probate  courts  shall  be 
regarded  as  continuations  of  the  circuit  courts  for  the  business  within 
the  jurisdiction  of  such  probate  courts,  and  the  papers  and  records 
pertaining  to  said  courts  and  jurisdictions  shall  be  transferred  accord- 
ingly; and  no  suit  or  prosecution  of  any  kind  shall  abate  because  of 
any  change  made  in  this  constitution. 

Sec.  24.  All  officers  now  in  office,  whose  offices  are  not  abolished  by 
this  convention,  shall  continue  in  office  and  discharge  the  duties 
imposed  on  them  by  law  until  their  successors  are  elected  and  quali- 
fied under  this  constitution.  The  office  of  commissioner  of  State 
lands  shall  be  continued :  Provided,  That  the  general  assembly  at  its 
next  session  may  abolish  or  continue  the  same  in  such  manner  as  may 
be  prescribed  by  law. 

Sec.  25.  Any  election  officer,  appointed  under  the  provisions  of  this 
schedule,  who  shall  fraudulently  and  corruptly  permit  any  person  to 
vote  illegally,  or  refuse  the  vote  of  any  qualified  elector,  cast  up  or 
make  a  false  return  of  said  election,  shall  be  deemed  guilty  of  a 
felony,  and  on  conviction  thereof  shall  be  imprisoned  in  the  peniten- 
tiary not  less  than  five  years  nor  more  than  ten  years.  And  any 
person  who  shall  vote  when  not  a  qualified  elector,  or  vote  more  than 
once,  or  bribe  any  one  to  vote  contrary  to  his  wishes,  or  intimidate 
or  prevent  any  elector  by  threats,  menace,  or  promises  from  voting, 
shall  be  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
imprisoned  in  the  penitentiary  not  less  than  one  nor  more  than  five 
years. 

Sec.  26.  All  officers  elected  at  the  election  provided  for  in  this 
schedule  shall  hold  their  offices  for  the  respective  periods  provided 


372  Arkansas— 1874— 1885 

for  in  the  foregoing  constitution,  and  until  their  successors  are  elected 
and  (|ualified.  The  first  general  elections  after  the  ratification  of  this 
constitution  shall  be  held  on  the  first  Monday  of  September,  A.  D. 
1876.  Nothing  in  this  constitution  and  the  schedule  thereto  shall  be 
so  construed  as  to  prevent  the  election  of  Congressmen  at  the  time 
as  now  prescribed  by  law. 

Sec.  27.  The  sum  of  five  thousand  dollars  is  hereby  appropriated, 
out  of  any  money  in  the  treasury  not  otherwise  appropriated,  to 
defray  the  expenses  of  the  election  provided  for  in  this  schedule,  and 
the  auditor  or  state  shall  draw  his  warrants  on  the  treasurer  for  such 
expenses,  not  exceeding  said  amount,  on  the  certificate  of  the  State 
board  of  supervisors  of  election. 

Sec.  28.  For  the  period  of  two  years  from  the  adoption  of  this  con- 
stitution, and  until  otherwise  provided  by  law,  the  respective  officers 
herein  enumerated  shall  receive  for  their  services  the  following  sal- 
aries per  annum : 

For  governor,  the  sum  of  $3,500 ;  for  secretary  of  state,  the  sum  of 
$2,000;  for  treasurer,  the  sum  of  $2,500;  for  auditor,  the  sum  of 
$2,500 ;  for  attorney-general,  the  sum  of  $2,000 ;  for  commissioner  of 
State  lands,  the  sum  of  $2,000;  for  judges  of  supreme  court,  each  the 
sum  of  $3,500;  for  judges  of  circuit  and  chancery  courts,  each  the 
sum  of  $2,500;  for  prosecuting  attorneys,  each  the  sum  of  $400;  for 
members  of  the  general  assembly,  the  sum  of  $G  per  day,  and  20 
cents  per  mile  for  each  mile  travelled  in  going  to  and  returning  from 
the  seat  of  government,  over  the  most  direct  and  practicable  route. 

G.  D.  RoYSTON,  President. 

Attest: 

Thos.  W.  Newton,  Secretary. 


AMENDMENTS 
(Amendment  No.  1.) 

ARTICLE  XX.  The  general  assembly  shall  have  no  power  to  levy 
any  tax,  or  make  any  appropriations,  to  pay  either  the  principal  or 
interest,  or  any  part  thereoi,  of  any  of  the  following  bonds  of  the 
state,  or  the  claims,  or  pretended  claims,  upon  which  they  may  be 
based,  to-wit :  Bonds  issued  under  an  act  or  the  general  assembly  of 
the  State  of  Arkansas,  entitled  "An  act  to  provide  for  the  funding  of 
the  public  debt  of  the  state,"  approved  April  6th,  A.  D.  1869,  and  num- 
bered from  four  hundred  and  ninety-one  to  eighteen  hundred  and 
sixty,  inclusive,  being  the  "  funding  bonds,"  delivered  to  F.  W.  Caper, 
and  sometimes  called  "  Holford  bonds;  "  or  bonds  known  as  railroad 
aid  bonds,  issued  under  an  act  of  the  general  assembly  of  the  State  of 
Arkansas,  entitled  "An  act  to  aid  in  the  construction  of  railroads," 
approved  July  21,  A.  D.  1868;  or  bonds  called  "levee  bonds,"  being 
bonds  issued  under  an  act  of  the  general  assembly  of  the  State  of 
Arkansas,  entitled  "An  act  providing  for  the  building  and  repairing 
the  public  levees  of  the  state,  and  for  other  purposes,"  approved 
March  16,  A.  D.  1869,  and  the  supplemental  act  thereto,  approved 
April  12,  1869;  and  the  act  entitled  "An  act  to  amend  an  act  entitled 
an  act  providing  for  the  building  and  repairing  of  the  public  levees 


Arkansas— 189S—189S  373 

of  this  state,"  approved  March  23,  A.  D.  1871 ;  and  any  law  providing 
for  any  such  tax  or  appropriation,  shall  be  null  and  void. 

Declared  to  be  adopted  by  the  speaker  of  the  house  on  January  14th,  1885, 
and  after  due  attestation  and  filing  was  so  proclaimed  by  the  governor.  Vote 
for  the  amendment  being  119,806 ;  and  the  vote  against  the  amendment  being 
15,492. 

(Amendment  No.  2.) 

Article  XXI.  Every  male  citizen  of  the  United  States,  or  male 
person  who  has  declared  his  intention  of  becoming  a  citizen  of  the 
same,  of  the  age  of  twenty-one  years,  who  has  resided  in  the  state 
twelve  months,  in  the  county  six  months,  and  in  the  precinct  or  ward 
one  month  next  preceding  any  election  at  which  he  may  propose  to 
vote,  except  such  persons  as  may  for  the  commission  of  some  felony 
be  deprived  of  the  right  to  vote  by  law  passed  by  the  general  assembly, 
and  who  shall  exhibit  a  poll  tax  receipt  or  other  evidence  that  he  has 
paid  his  poll  tax  at  the  time  of  collecting  taxes  next  preceding  such 
election,  shall  be  allowed  to  vote  at  any  election  in  the  State  of 
Arkansas.  Provided,  that  persons  who  make  satisfactory  proof  that 
they  have  attained  the  age  of  twenty-one  years  since  the  time  of 
assessing  taxes  next  preceding  said  election  and  possesses  the  other 
necessary  qualifications,  shall  be  permitted  to  vote ;  and  provided  fur- 
ther, that  the  said  tax  receipt  shall  be  so  marked  by  dated  stamp  or 
written  endorsement  by  the  judges  of  election  to  whom  it  may  be  first 
presented  as  to  prevent  the  holder  thereof  from  voting  more  than 
once  at  any  election. 

Declared  to  be  adopted  by  the  speaker  of  the  house  on  the  12th  day  of 
January,  1893 ;  the  vote  standing  for  amendment,  75,940 ;  against  the  amend- 
ment, 56,601 ;  and  after  due  attestation  and  filing  was  so  proclaimed  by  the 
governor. 

(Amendment  No.  3) 

Article  XXII.  The  governor  shall,  in  case  a  vacancy  occurs  in  any 
state,  district,  county  or  township  office  in  the  state,  either  by  death, 
resignation  or  otherwise,  fill  the  same  by  appointment,  such  appoint- 
ment to  be  in  force  and  effect  until  the  next  general  election  there- 
after. 

Declared  to  be  adopted  by  the  speaker  of  the  house  on  January  17,  1S95, 
and  after  attestation  and  filing  was  so  proclaimed  by  the  governor.  Vote  for 
the  amendment  being  43,446 ;  and  the  vote  against  the  amendment  being  40,207. 

(Amendment  No.  4) 

That  Section  10,  of  Article  17,  of  the  Constitution  of  the  State  of 
Arkansas,  be  amended  so  as  to  read  as  follows: 

"Article  XVII,  Section  10.  The  general  assembly  shall  pass  laws 
to  correct  abuses  and  prevent  unjust  discrimination  and  excessive 
charges  by  railroads,  canals  and  turnpike  companies  for  transporting 
freight  and  passengers,  and  shall  provide  for  enforcing  such  law  by 
adequate  penalties  and  forfeitures,  and  shall  provide  for  the  creation 
of  such  offices  and  commissions  and  vest  in  them  such  authority  as 
shall  be  necessary  to  carry  into  effect  the  powers  hereby  conferred." 

Declared  to  be  adopted  by  the  speaker  of  the  house  on  January  13,  1899, 
and  after  attestation  and  filing  was  so  proclaimed  by  the  governor.  Vote  for 
the  amendment  being  63,733 ;  and  the  vote  against  the  amendment  being  16,940. 


374  Arkansas— 1899-1 90S 

(Amendment  No.  5) 

The  county  courts  of  the  state  in  their  respective  counties,  together 
with  a  majority  of  the  justices  of  the  peace  or  such  county,  in  addition 
to  the  amount  of  county  tax  allowed  to  be  levied,  shall  have  the  power 
to  levy  not  exceeding  three  mills  on  the  dollar  on  all  taxable  property 
of  their  respective  counties,  which  shall  be  known  as  the  County  Road 
Tax,  and  when  collected  shall  be  used  in  the  respective  counties  for 
the  purpose  of  making  and  repairing  public  roads  and  bridges  of  the 
respective  counties,  and  for  no  other  purpose,  and  shall  be  collected  in 
United  States  currency  or  county  warrants  legally  drawn  on  such 
road  tax  fund,  if  a  majority  of  the  qualified  electors  of  such  county 
shall  have  voted  public  road  tax  at  the  general  election  for  state  and 
county  officers  preceding  such  levy  at  each  election. 

Declared  to  be  adoptetl  l>y  the  speaker  of  the  house  on  the  13th  day  of  Janu- 
ary. 1899.  Vote  for  the  amendment  l)einK  .'i7.209;  and  the  vote  ngninst  the 
amendment  being  24,079. 

(Amendment  No.  0) 

The  sureties  upon  the  official  bonds  of  all  state  officers  shall  be  resi- 
dents of,  and  have  sufficient  property  within  the  state,  not  exempt 
from  sale  under  execution,  attachment  or  other  process  of  any  court, 
to  make  good  their  bonds,  and  the  sureties  upon  the  official  bonds  of 
all  county  officers  shall  reside  within  the  counties  where  such  officers 
reside,  and  shall  have  sufficient  property  therein,  not  exempt  from 
such  sale,  to  make  good  their  bonds.  Provided,  however,  that  any 
surety,  bonding  or  guaranty  company,  organized  for  the  purpose  of 
doing  a  surety  or  bonding  business,  and  authorized  to  do  business  in 
this  state,  may  become  surety  on  the  bonds  of  all  state,  county,  and 
municipal  officers  imder  such  regulations  as  may  be  prescribed  by  law. 

Vote  for  amendment,  65,82.5.  Vote  against  amendment,  2.3,033.  Proclamation 
declaring  Amendment  No.  0  adoptetl  and  ratified  was  issued  by  Governor  Jeffer- 
son Davis  on  February  20,  1902. 

( .\mendment  No.  7) 

That  Section  IG,  of  Article  5,  of  the  Constitution  of  the  State  of 
Arkansas,  be  amended  so  as  to  read  as  follows : 

"Article  V,  Sectiox  16.  Pay  and  Mileage.  The  members  of  the 
general  assembly  shall  receive  such  pay  and  mileage  for  their  services 
as  shall  be  fixed  by  law.  No  member  of  either  house  .shall,  during  the 
term  for  which  he  has  been  elected,  receive  any  increase  of  pay  for  his 
services  under  any  law  passed  during  such  term.  The  term  of  all 
members  of  the  general  assembly  shall  begin  on  the  day  of  their 
election." 

Election  on  above  amendment  held  September  1.  1902.  For  amendment  re- 
ceived 45,598  votes.  Against  amendment  received  43.982  votes.  Declared 
adoptetl  by  the  siieaker  of  the  house  of  representatives  on  the  14th  day  of 
January,  1903. 

(Amendment  No.  8) 

That  Section  3,  of  Article  14,  of  the  Constitution  of  the  State  of 
Arkansas,  be  amended  so  as  to  read  as  follows : 

"Article  XIV,  Section  3.  The  general  assembly  shall  provide  by 
general  laws  for  the  support  of  common  schools  by  taxes,  which  shall 


Arkansas— 1906  375 

never  exceed  in  any  one  year  three  mills  on  the  dollar  on  the  taxable 
property  of  the  state,  and  by  an  annual  per  capita  tax  of  one  dollar, 
to  be  assessed  on  every  male  inhabitant  of  this  state  over  the  age  of 
twenty-one  years.  Provided,  the  general  assembly  may,  by  general 
law,  authorize  school  districts  to  levy  by  a  vote  of  the  qualified 
electors  of  such  district  a  tax  not  to  exceed  seven  mills  on  the  dollar 
in  any  one  year  for  school  purposes.  Provided  further,  that  no  such 
tax  shall  be  appropriated  to  any  other  purpose  nor  to  any  other  dis- 
trict than  that  for  which  it  was  levied. 

Election  on  above  aniendnient.  held  September  3,  1906.     For  amendment  re- 
ceived 92,969  votes.     Against  amendment  received  47,368  votes. 


CALIFORNIA 


TREATY  OF  GUADALUPE  HIDALGO— 1848  » 

Concluded  February  2,  1848;  ratifications  exchanged  at  Queretaro,  May  30, 
1848;  proclaimed  July  4,  1848. 

In  the  name  of  Almighty  God : 

The  United  States  of  America  and  the  United  Mexican  States, 
animated  by  a  sincere  desire  to  put  an  end  to  the  calamities  of  the 
war  which  unhappily  exists  betAveen  the  two  Republics,  and  to  estab- 
lish upon  a  solid  basis  relations  of  peace  and  friendship,  which  shall 
confer  reciprocal  benefits  upon  the  citizens  of  both,  and  assure  the 
concord,  harmony,  and  mutual  confidence  wherein  the  two  peoples 
should  live,  as  good  neighbours,  have  for  that  purpose  appointed  their 
respective  plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States  has  appointed  Nicholas  P. 
Trist,  a  citizen  of  the  United  States,  and  the  President  of  the  Mexican 
Republic  has  appointed  Don  Luis  Gonzaga  Cuevas,  Don  Bernardo 
Couto,  and  Don  Miguel  Atristain,  citizens  of  the  said  Republic; 

A\Tio,  after  a  reciprocal  communication  of  their  respective  full 
powers,  have,  under  the  protection  of  Almighty  God,  the  author  of 
peace,  arranged,  agreed  upon,  and  signed  the  following 

Treaty  of  Peace.,  Frlendshif.,  Limits.,  and  Settlement  between  the 
United  States  of  America  and  the  Mexican  Republic 

Article  I 

There  shall  be  firm  and  universal  peace  between  the  United  States 
of  America  and  the  Mexican  Republic,  and  between  their  respective 
countries,  territories,  cities,  towns,  and  people,  without  exception  of 
places  or  persons. 

Article  II 

Immediately  upon  the  signature  of  this  treaty,  a  convention  shall 
be  entered  into  between  a  commissioner  or  commissioners  appointed 
by  the  General-in-chief  of  the  forces  of  the  United  States,  and  such 
as  may  be  appointed  by  the  Mexican  Government,  to  the  end  that  a 
provisional  suspension  of  hostilities  shall  take  place,  and  that,  in 

o  California  was  first  discovered  l)y  the  Spaniards,  in  1542,  and  they  began  to 
establish  missions  there  in  1700.  After  the  Mexican  revolution,  in  1824.  it 
formed  a  province  of  that  republic,  until  1846,  \vhe!i  the  inhabitants  and  emi- 
grants from  the  United  States  established  an  independent  government.  The 
treaty  of  Guadalupe  Hidalgo  brought  it  within  the  limits  of  the  United  States, 
and  it  was  then  governed  by  the  commanding  officer  of  the  military  force  sta- 
tioned there,  acting  as  provisional  governor. 

377 


378  California 

the  places  occupied  by  the  said  forces,  constitutional  order  mav  be 
re-established,  as  regards  the  political,  administrative,  and  judicial 
branches,  so  far  as  this  shall  be  permitted  by  the  circumstances  of 
military  occupation. 

Article  III 

Immediately  upon  the  ratification  of  the  present  treaty  by  the  Gov- 
ernment of  the  United  States,  orders  shall  be  transmitted  to  the  com- 
manders of  their  land  and  naval  forces,  requiring  the  hitter  (provided 
this  treaty  shall  then  have  been  ratified  by  the  (lovernment  of  the 
Mexican  ^Republic,  and  the  ratifications  exchanged)  inmiediately  to 
desist  from  blockading  anv  Mexican  ports;  and  requiring  the  former 
(under  the  same  condition)  to  commence,  at  the  earliest  moment  prac- 
ticable, withdrawing  all  troops  of  the  United  States  then  in  the  inte- 
rior of  the  Mexican  Republic,  to  points  that  shall  be  selected  by 
counnon  agreement,  at  a  distance  from  the  sea-ports  not  exceeding 
thirty  leagues;  and  such  evacuation  of  the  interior  of  the  Republic 
shall  be  completed  with  the  least  possible  delay ;  the  Mexican  Gov- 
ernment hereby  binding  itself  to  afford  every  facility  in  its  power  for 
rendering  the  same  convenient  to  the  troops,  on  their  march  and  in 
their  new  positions,  and  for  promoting  a  good  understanding  l:)etween 
them  and  the  inhabitants.  In  like  manner  orders  shall  be  despatched 
to  the  persons  in  charge  of  the  custom-houses  at  all  ports  occupied 
by  the  forces  of  the  United  States,  requiring  them  (under  the  same 
condition)  immediately  to  deliver  possession  of  the  same  to  the  per- 
sons authorized  by  the  Mexican  Government  to  receive  it,  together 
with  all  bonds  and  evidences  of  debt  for  duties  on  importations  and 
on  exportations,  not  vet  fallen  due.  Moreover,  a  faithful  and  exact 
account  shall  bo  made  out,  showing  the  entire  amount  of  all  duties 
on  imports  and  on  exports,  collected  at  such  custom-houses,  or  else- 
where in  Mexico,  by  authority  of  the  United  States,  from  and  after 
the  day  of  ratification  of  this  treaty  by  the  Government  of  the  Mexi- 
can Republic;  and  also  an  account  of  the  cost  of  collection;  and  such 
entire  amount,  deducting  only  the  cost  of  collection,  shall  be  delivered 
to  the  Mexican  Government,  at  the  city  of  Mexico,  within  three 
months  after  the  exchange  of  ratifications. 

The  evacuation  of  the  capital  of  the  Mexican  Republic  by  the 
troops  of  the  United  States,  in  virtue  of  the  above  stipulation,  shall 
be  completed  in  one  month  after  the  orders  there  stipulated  for  shall 
have  been  received  by  the  commander  of  said  troops,  or  sooner  if 
possible. 

Article  IV 

Immediately  after  the  exchange  of  ratifications  of  the  present 
treaty  all  castles,  forts,  territories,  places,  and  possessions,  which  have 
been  taken  or  occupied  bv  the  forces  of  the  United  States  during  the 
present  war,  within  the  limits  of  the  Mexican  Republic,  as  about  to 
be  established  bv  the  following  article,  shall  be  definitively  restored  to 
the  said  Republic,  together  with  all  the  artillery,  arms,  apparatus  of 
war,  munitions,  and  other  public  property,  which  were  in  the  said 
castles  and  forts  when  captured,  and  which  shall  remain  there  at  the 
time  when  this  treaty  shall  be  duly  ratified  by  the  Government  of  the 
Mexican  Republic.     To  this  end,  immediately  upon  the  signature  of 


California  379 

this  treaty,  orders  shall  be  despatched  to  the  American  officers  com- 
manding such  castles  and  forts,  securing  against  the  removal  or 
destruction  of  any  such  artillery,  arms,  apparatus  of  war,  munitions, 
or  other  public  property.  The  city  of  Mexico,  within  the  inner  line 
of  intrenchments  surrounding  the  said  city,  is  comprehended  in  the 
above  stipulation,  as  regards  the  restoration  of  artillery,  apparatus 
of  war,  &c. 

The  final  evacuation  of  the  territory  of  the  Mexican  Republic,  by 
the  forces  of  the  United  States,  shall  be  completed  in  three  months 
from  the  said  exchange  of  ratifications,  or  sooner  if  possible;  the 
Mexican  Government  hereby  engaging,  as  in  the  foregoing  article, 
to  use  all  means  in  its  power  for  facilitating  such  evacuation,  and 
rendering  it  convenient  to  the  troops,  and  for  promoting  a  good 
understanding  between  them  and  the  inhabitants. 

If,  however,  the  ratification  of  this  treaty  by  both  parties  should 
not  take  place  in  time  to  allow  the  embarcation  of  the  troops  of  the 
United  States  to  be  completed  before  the  commencement  of  the  sickly 
season,  at  the  Mexican  ports  on  the  Gulf  of  Mexico,  in  such  case  a 
friendly  arrangement  shall  be  entered  into  between  the  General-in- 
chief  of  the  said  troops  and  the  Mexican  Government,  whereby 
healthy  and  otherwise  suitable  places,  at  a  distance  from  the  ports 
not  exceeding  thirty  leagues,  shall  be  designated  for  the  residence  of 
such  troops  as  may  not  yet  have  embarked,  until  the  return  of  the 
healthy  season.  And  the  space  of  time  here  referred  to  as  compre- 
hending the  sickly  season  shall  be  understood  to  extend  from  the  first 
day  of  May  to  the  first  day  of  November. 

All  prisoners  of  war  taken  on  either  side,  on  land  or  on  sea,  shall 
be  restored  as  soon  as  practicable  after  the  exchange  of  ratifications 
of  this  treaty.  It  is  also  agreed  that  if  any  Mexicans  should  now  be 
held  as  captives  by  any  savage  tribe  within  the  limits  of  the  United 
States,  as  about  to  be  established  by  the  following  article,  the  Govern- 
ment of  the  said  United  States  will  exact  the  release  of  such  captives, 
and  cause  them  to  be  restored  to  their  country. 

Article  V 

The  boundary -line  between  the  two  republics  shall  commence  in  the 
Gulf  of  Mexico,  three  leagues  from  land,  opposite  the  mouth  of  the 
Rio  Grande,  otherwise  called  the  Rio  Bravo  del  Norte,  or  opposite 
the  mouth  of  its  deepest  branch,  if  it  should  have  more  than  one 
branch  emptying  directly  into  the  sea ;  from  thence  up  the  middle  of 
that  river,  following  the  deepest  channel,  where  it  has  more  than  one, 
to  the  point  where  it  strikes  the  southern  boundary  of  New  Mexico; 
thence  westwardly  along  the  w^hole  southern  boundary  of  New  Mexico 
(which  runs  north  of  the  town  called  Paso)  to  its  western  termina- 
tion; thence  northward  along  the  western  line  of  New  Mexico  until  it 
intersects  the  first  branch  of  the  river  Gila,  (or  if  it  should  not  inter- 
sect any  branch  of  that  river,  then  to  the  point  on  the  said  line  nearest 
to  such  branch,  and  thence  in  a  direct  line  to  the  same ; )  thence  down 
the  middle  of  the  said  branch  and  of  the  said  river,  until  it  empties 
into  the  Rio  Colorado;  thence  across  the  Rio  Colorado,  following  the 
division-line  between  Upper  and  Lower  California,  to  the  Pacific 
Ocean. 


380  California 

The  southern  and  western  limits  of  New  Mexico,  mentioned  in  this 
article,  are  those  laid  down  in  the  map  entitled  "  Map  of  the  United 
Mexican  States^  as  organized  and  defined  hy  various  acts  of  the  Con- 
gress of  said  republic^  and  constructed  according  to  the  best  author- 
ities. Revised  edition.  Published  at  New  York  in  1847,  hy 
J.  Distumell;  "  of  which  map  a  copy  is  added  to  this  treaty,  bearing 
the  signatures  and  seals  of  the  undersized  Plenipotentiaries.  And, 
in  order  to  preclude  all  difficulty  in  tracing  upon  the  ground  the  limit 
separating  Upper  from  Lower  California,  it  is  agreed  that  the  said 
limit  shall  consist  of  a  straight  line  drawn  from  the  middle  of  the  Rio 
Gila,  where  it  unites  with  the  Colorado,  to  a  point  on  the  coast  of  the 
Pacific  Ocean,  distant  one  marine  league  due  south  of  the  southern- 
most point  of  the  port  of  San  Diego,  according  to  the  plan  of  said 
port  made  in  the  year  1782  by  Don  Juan  Pantoja,  second  sailing- 
master  of  the  Spanish  fleet,  and  published  at  Madrid  in  the  year 
1802,  in  the  atlas  to  the  voyage  of  the  schooners  Sutil  and  Mexicana; 
of  which  plan  a  copy  is  hereunto  added,  signed,  and  sealed  by  the 
respective  Plenipotentiaries. 

Tn  order  to  designate  the  boundary  line  with  due  precision,  upon 
authoritative  maps,  and  to  establish  upon  the  ground  land-marks 
which  shall  show  the  limits  of  both  republics,  as  described  in  the 
present  article,  the  two  Governments  shall  each  appoint  a  commis- 
sioner and  a  surveyor,  who,  before  the  expiration  of  one  year  from 
the  date  of  the  exchange  of  ratifications  of  this  treaty,  shall  meet  at 
the  port  of  San  Diego,  and  proceed  to  run  and  mark  the  said 
Iwuiidary  in  its  whole  course  to  the  mouth  of  the  Rio  Bravo  del  Norte. 
They  shall  keep  journals  and  make  out  plans  of  their  operations;  and 
the  result  agreed  upon  by  them  shall  be  deemed  a  part  of  this  treaty, 
and  shall  have  the  same  force  as  if  it  were  inserted  therein.  The  two 
Governments  will  amicably  agree  regarding  what  may  be  necessary 
to  these  persons,  and  also  as  to  their  respective  escorts,  should  such  be 
necessary. 

The  boundary-line  established  by  this  article  shall  be  religiously 
respected  by  each  of  the  two  republics,  and  no  change  shall  ever  be 
made  therein,  except  by  the  express  and  free  consent  of  both  nations, 
lawfully  given  by  the  General  Government  of  each,  in  conformity 
with  its  own  constitution. 

Article  VI 

The  vessels  and  citizens  of  the  United  States  shall,  in  all  time,  have 
a  free  and  uninterrupted  passage  by  the  Gulf  of  California,  and  by 
the  river  Colorado  below  its  confluence  with  the  Gila,  to  and  from 
their  possessions  situated  north  of  the  boundary  line  defined  in  the 
preceding  article;  it  being  understood  that  this  passage  is  to  be  by 
navigating  the  Gulf  of  California  and  the  river  Colorado,  and  not  by 
land,  without  the  express  consent  of  the  Mexican  Government. 

If,  by  the  examinations  which  may  l)e  made,  it  should  l)e  ascertained 
to  be  practicable  and  advantageous  to  construct  a  road,  canal,  or 
railway,  which  should  in  whole  or  in  part  run  upon  the  river  Gila, 
or  upon  its  right  or  its  left  bank,  within  the  space  of  one  marine 
league  from  either  margin  of  the  river,  the  Governments  of  both 
republics  will  form  an  agreement  regarding  its  construction,  in  order 
that  it  may  serve  equally  for  the  use  and  advantage  of  both  countries. 


California  381 

Article  VII 

The  river  Gila,  and  the  part  of  the  Rio  Bravo  del  Norte  lying  below 
the  southern  boundary  of  New  Mexico,  being,  agreeably  to  the  fifth 
article,  divided  in  the  middle  between  the  two  republics,  the  naviga- 
tion of  the  Gila  and  of  the  Bravo  below  said  boundary  shall  be  free 
and  common* to  the  vessels  and  citizens  of  both  countries;  and  neither 
shall,  without  the  consent  of  the  other,  construct  any  work  that  may 
impede  or  interrupt,  in  Avhole  or  in  part,  the  exercise  of  this  right; 
not  even  for  the  purpose  of  favouring  new  methods  of  navigation. 
Nor  shall  any  tax  or  contribution,  imder  any  denomination  or  title, 
be  levied  upon  vessels  or  persons  navigating  the  "same,  or  upon  mer- 
chandise or  effects  transported  thereon,  except  in  the  case  of  landing 
upon  one  of  their  shores.  If.  for  the  purpose  of  making  the  said 
rivers  navigable,  or  for  maintaining  them  in  such  state,  it  should  be 
necessary  or  advantageous  to  establish  any  tax  or  contribution,  this 
shall  not  be  done  without  the  consent  of  both  Governments. 

The  stipulations  contained  in  the  present  article  shall  not  impair 
the  territorial  rights  of  either  republic  within  its  established  limits. 

Article  VIII 

Mexicans  now  established  in  territories  previously  belonging  to 
Mexico,  and  which  remain  for  the  future  within  the  limits  of  the 
United  States,  as  defined  by  the  present  treaty,  shall  be  free  to  con- 
tinue where  they  now  reside,  or  to  remove  at  any  time  to  the  Mexican 
Republic,  retaining  the  property  which  they  possess  in  the  said 
territories,  or  disposing  thereof,  and  removing  the  proceeds  wherever 
they  please,  without  their  being  subjected,  on  this  account,  to  any 
contribution,  tax,  or  charge  whatever. 

Those  who  shall  prefer  to  remain  in  the  said  territories  may  either 
retain  the  title  and  rights  of  Mexican  citizens,  or  acquire  those  of 
citizens  of  the  United  States.  But  they  shall  be  under  the  obligation 
to  make  their  election  within  one  year  from  the  date  of  the  exchange 
of  ratifications  of  this  treaty;  and  those  who  shall  remain  in  the  said 
territories  after  the  expiration  of  that  year,  without  having  declared 
their  intention  to  retain  the  character  of  Mexicans,  shall  be  consid- 
ered to  have  elected  to  become  citizens  of  the  United  States. 

In  the  said  territories,  property  of  every  kind,  now  belonging  to 
Mexicans  not  established  there,  shall  be  inviolably  respected.  The 
present  owners,  the  heirs  of  these,  and  all  Mexicans  who  may  here- 
after acquire  said  property  by  contract,  shall  enjoy  with  respect  to 
it  guarantees  equally  ample  as  if  the  same  belonged  to  citizens  of  the 
United  States. 

Article   IX 

The  Mexicans  who,  in  the  territories  aforesaid,  shall  not  preserve 
the  character  of  citizens  of  the  Mexican  Republic,  conformably  with 
what  is  stipulated  in  the  preceding  article,  shall  be  incorporated  into 
the  Union  of  the  United  States,  and  be  admitted  at  the  proper  time 
(to  be  judged  of  by  the  Congress  of  the  United  States)  to  the  enjoy- 
ment of  all  the  rights  of  citizens  of  the  United  States,  according  to 
the  principles  of  the  Constitution ;  and  in  the  mean  time  shall  be 
maintained  and  protected  in  the  free  enjoyment  of  their  liberty  and 
property,  and  secured  in  the  free  exercise  of  their  religion  without 
restriction. 

7251— VOL  1—07 27 


382  California 

Article  X 

[Stricken  out] 

Article  XI 

Considering  that  a  great  part  of  the  territories,  which,  by  the  pres- 
ent treaty,  are  to  be  comprehended  for  the  future  within  the  limits 
of  the  United  States,  is  now  occupied  by  savage  tribes,  who  will  here- 
after be  under  the  exclusive  controul  of  the  Government  of  the  United 
States,  and  whose  incursions  within  the  territory  of  Mexico  would  be 
prejudicial  in  the  extreme,  it  is  solemnly  agreed  that  all  such  incur- 
sions shall  be  forcibly  restrained  by  the  Government  of  the  United 
States  whensoever  this  may  be  necessary;  and  that  when  they  can- 
not be  prevented,  they  shall  be  punished  by  the  said  government,  and 
satisfaction  for  the  same  shall  be  exacted — all  in  the  same  waj%  and 
with  equal  diligence  and  energy,  as  if  the  same  incursions  were  medi- 
tated or  committed  within  its  own  territory,  against  its  own  citizens. 

It  shall  not  be  lawful,  under  any  pretext  whatever,  for  any  inhabi- 
tant of  the  United  States  to  purchase  or  acquire  any  Mexican,  or  any 
foreigner  residing  in  Mexico,  who  may  have  been  caj)tured  by  Indians 
inhabiting  the  territory  of  either  of  the  two  republics;  nor  to  pur- 
chase or  acquire  horses,  mules,  cattle,  or  property  of  any  kind,  stolen 
within  Mexican  territory  by  such  Indians. 

And  in  the  event  of  any  person  or  persons,  captured  within  Mex- 
ican territory  by  Indians,  being  carried  into  the  territory  of  the 
United  States,  the  Government  of  the  latter  engages  and  binds  itself, 
in  the  most  solemn  manner,  so  soon  as  it  shall  know  of  such  captives 
being  within  its  territory,  and  shall  be  able  so  to  do,  through  the 
faithful  exercise  of  its  influence  and  power,  to  rescue  them  and  return 
them  .to  their  country,  or  deliver  them  to  the  agent  or  representative 
of  the  Mexican  Government.  The  Mexican  authorities  will,  as  far 
as  practicable,  give  to  the  Government  of  the  United  States  notice  of 
such  captures;  and  its  agents  shall  pay  the  expenses  incurred  in  the 
maintenance  and  transmission  of  the  rescued  captives;  who,  in  the 
mean  time,  shall  be  treated  with  the  utmost  hospitality  by  the  Amer- 
ican authorities  at  the  place  where  they  may  be.  But  if  the  (jovern- 
ment  of  the  United  States,  before  receiving  such  notice  from  Mexico, 
should  obtain  intelligence,  through  any  other  channel,  of  the  existence 
of  Mexican  captives  within  its  territory,  it  will  proceed  forthwith 
to  effect  their  release  and  delivery  to  the  Mexican  agent,  as  above 
stipulated. 

For  the  purpose  of  giving  to  these  stipulations  the  fullest  possible 
efficac}',  thereby  affording  the  security  and  redress  demanded  by  their 
true  spirit  and  intent,  the  Government  of  the  United  States  will  now 
and  hereafter  pass,  without  unnecessary  delay,  and  always  vigilantly 
enforce,  such  laws  as  the  nature  of  the  subject  may  require.  And. 
finally,  the  sacredness  of  this  obligation  shall  never  be  lost  sight  of 
by  the  said  Government,  when  providing  for  the  removal  of  the 
Indians  from  any  portion  of  the  said  territories,  or  for  its  being 
settled  by  citizens  of  the  I'nited  States:  but,  on  the  contrary,  special 
care  shall  then  be  taken  not  to  place  its  Indian  occupant.^  under  the 
necessity  of  seeking  new  homes,  by  committing  those  invasions  which 
the  United  States  nave  solemnly  obliged  themselves  to  restrain. 


California  383 

Article  XII 

In  consideration  of  the  extension  acquired  by  the  boundaries  of  the 
United  States,  as  defined  in  the  fifth  article  of  the  present  treaty,  the 
Government  of  the  United  States  engages  to  pay  to  that  of  the  Mex- 
ican Republic  the  sum  of  fifteen  millions  of  dollars. 

Immediately  after  this  treaty  shall  have  been  duly  ratified  by  the 
Government  of  the  Mexican  Republic,  the  sum  of  three  millions  of 
dollars  shall  be  paid  to  the  said  government  by  that  of  the  United 
States,  at  the  city  of  Mexico,  in  the  gold  or  silver  coin  of  Mexico. 
The  remaining  twelve  millions  of  dollars  shall  be  paid  at  the  same 
place,  and  in  the  same  coin,  in  annual  instalments  of  three  millions 
of  dollars  each,  together  with  interest  on  the  same  at  the  rate  of  six 
per  centum  per  annum.  This  interest  shall  begin  to  run  upon  the 
whole  sum  of  twelve  millions  from  the  day  of  the  ratification  of  the 
present  treaty  by  the  Mexican  Government,  and  the  first  of  the  instal- 
ments shall  be  paid  at  the  expiration  of  one  year  from  the  same 
day.  Together  with  each  annual  instalment,  as  it  falls  due,  the  whole 
interest  accruing  on  such  instalment  from  the  beginning  shall  also 
be  paid. 

Article  XIII 

The  United  States  engage,  moreover,  to  assume  and  pay  to  the 
claimants  all  the  amounts  now  due  them,  and  those  hereafter  to 
become  due,  by  reason  of  the  claims  already  liquidated  and  decided 
against  the  Mexican  Republic,  under  the  conventions  between  the  two 
republics  severally  concluded  on  the  eleventh  day  of  April,  eighteen 
hundred  and  thirty-nine,  and  on  the  thirtieth  day  of  January,  eighteen 
hundred  and  forty-three ;  so  that  the  Mexican  Republic  shall  be  abso- 
lutely exempt,  for  the  future,  from  all  expense  whatever  on  account 
of  the  said  claims. 

Article  XIV 

The  United  States  do  furthermore  discharge  the  Mexican  Republic 
from  all  claims  of  citizens  of  the  United  States,  not  heretofore  decided 
against  the  Mexican  Government,  which  may  have  arisen  previously 
to  the  date  of  the  signature  of  this  treaty;  which  discharge  shall  be 
final  and  perpetual,  whether  the  said  claims  be  rejected  or  be  allowed 
by  the  board  of  commissioners  provided  for  in  the  following  article, 
and  whatever  shall  be  the  total  amount  of  those  allowed. 

Article  XV 

The  United  States,  exonerating  Mexico  from  all  demands  on 
account  of  the  claims  of  their  citizens  mentioned  in  the  preceding 
article,  and  considering  them  entirely  and  forever  cancelled,  whatever 
their  amount  may  be,  undertake  to  make  satisfaction  for  the  same,  to 
an  amount  not  exceeding  three  and  one-quarter  millions  of  dollars. 
To  ascertain  the  validity  and  amount  of  those  claims,  a  board  of 
commissioners  shall  be  established  by  the  Government  of  the  United 
States,  whose  awards  shall  be  final  and  conclusive;  provided  that,  in 
deciding  upon  the  validity  of  each  claim,  the  board  shall  be  guided 
and  governed  by  the  principles  and  rules  of  decision  prescribed  by  the 


384  California 

first  and  fifth  articles  of  the  unratified  convention,  concluded  at  the 
city  of  Mexico  on  the  twentieth  day  of  November,  one  thousand  eight 
hundred  and  forty-three:  and  in  no  case  shall  an  award  l)e  made  in 
favour  of  any  claim  not  embraced  by  these  principles  and  rules. 

If,  in  the  opinion  of  the  said  board  of  commissioners  or  of  the 
claimants,  any  lx)oks,  records,  or  documents,  in  the  possession  or  power 
of  the  Ciovernment  of  the  Mexican  Republic,  shall  l)e  deemed  neces- 
sary to  the  jiist  decision  of  any  claim,  the  conmiissioners,  or  the  claim- 
ants through  them,  shall,  within  such  period  as  Congress  may  desig- 
nate, nrnke  an  application  in  writing  for  the  same,  addressed  to  the 
Mexican  Minister  for  Foreign  Affairs,  to  he  transmitted  by  the  Sec- 
retary of  State  of  the  United  States;  and  the  Mexican  Government 
engages,  at  the  earliest  possible  moment  after  the  receipt  of  such 
demands  to  cause  any  of  tne  books,  records,  or  documents  so  specified, 
which  shall  be  in  their  possession  or  power,  (or  authenticated  copies 
or  extracts  of  the  same,)  to  be  transmitted  to  the  said  Secretary  of 
State,  who  shall  immediately  deliver  them  over  to  the  said  board  of 
commissioners;  provided  that  no  such  application  shall  be  made  by 
or  at  the  instance  of  any  claimant,  until  the  facts  which  it  is  expected 
to  prove  by  such  books,  records,  or  documents,  shall  have  been  stated 
under  oath  or  afiimation. 

Article  XVI 

Each  of  the  contracting  parties  reserves  to  itself  the  entire  right 
to  fortify  whatever  point  within  its  territory  it  may  judge  proper  so 
to  fortify  for  its  security. 

Article  XVII 

The  treaty  of  amity,  commerce,  and  navigation,  concluded  at  the 
city  of  Mexico  on  the  fifth  day  of  April,  A.  D.  1831,  between  the 
United  States  of  America  and  the  United  Mexican  States,  except  the 
additional  article,  and  except  so  far  as  the  stipulations  of  the  said 
treaty  may  be  incompatible  with  any  stipulation  contained  in  the 
present  treaty,  is  hereby  revived  for  the  period  of  eight  years  from 
the  day  of  the  exchange  of  ratifications  of  this  treaty,  Avith  the  same 
force  and  virtue  as  if  incorporated  therein ;  it  Iwing  understood  that 
each  of  the  contracting  parties  reserves  to  itself  the  right,  at  any  time 
after  the  said  period  oi  eight  years  shall  have  expired,  to  terminate 
the  same  by  giving  one  year's  notice  of  such  intention  to  the  other 
party. 

Article  XVIII 

All  supplies  whatever  for  troops  of  the  United  States  in  Mexico, 
arriving  at  ports  in  the  occupation  of  such  troops  previous  to  the  final 
evacuation  thereof,  although  subsequently  to  the  restoration  of  the 
custom-houses  at  such  ports,  shall  be  entirely  exempt  from  duties 
and  charges  of  any  kind;  the  (lovernment  of  the  United  States 
hereby  engaging  and  pledging  its  faith  to  establish,  and  vigilantly 
to  eniforce,  all  possible  guards  for  securing  the  revenue  of  Mexico, 
by  preventing  the  importation,  under  cover  of  this  stipulation,  of  any 
articles  other  than  such,  both  in  kind  and  in  quantity,  as  shall  really 
be  wanted  for  the  use  and  consumption  of  the  forces  of  the  United 


California  385 

States  during  the  time  they  may  remain  in  Mexico.  To  this  end  it 
shall  be  the  duty  of  all  onicers  and  agents  of  the  United  States  to 
denounce  to  the  Mexican  authorities  at  the  respective  ports  any 
attempts  at  a  fraudulent  abuse  of  this  stipulation,  which  they  may 
know  of,  or  may  have  reason  to  suspect,  and  to  give  to  such  authori- 
ties all  the  aid  in  their  power  with  regard  thereto;  and  every  such 
attempt,  when  duly  proved  and  established  by  sentence  of  a  compe- 
tent tribunal,  shall  be  punished  by  the  confiscation  of  the  property 
so  attempted  to  be  fraudulently  introduced. 

Article  XIX 

With  respect  to  all  merchandise,  effects,  and  property  whatsoever, 
imported  into  ports  of  Mexico  whilst  in  the  occupation  of  the  forces 
of  the  United  States,  whether  by  citizens  of  either  republic,  or  by 
citizens  or  subjects  of  any  neutral  nation,  the  following  rules  shall 
be  observed : 

1.  All  such  merchandise,  effects,  and  property,  if  imported  pre- 
viously to  the  restoration  of  the  custom-houses  to  the  Mexican  authori- 
ties, as  stipulated  for  in  the  third  article  of  this  treaty,  shall  be 
exempt  from  confiscation,  although  the  importation  of  the  same  be 
prohibited  by  the  Mexican  tariff. 

2.  The  same  perfect  exemption  shall  be  enjoyed  by  all  such  mer- 
chandise, effects,  and  property,  imported  subsequently  to  the  restora- 
tion of  the  custom-houses,  and  previously  to  the  sixty  days  fixed  in 
the  following  article  for  the  coming  into  force  of  the  Mexican  tariff 
at  such  ports  respectively;  the  said  merchandise,  effects,  and  prop- 
erty being,  however,  at  the  time  of  their  importation,  subject  to  the 
paymeitt  of  duties,  as  provided  for  in  the  said  following  article. 

3.  All  merchandise,  effects,  and  property  described  in  the  two  rules 
foregoing  shall,  during  their  continuance  at  the  place  of  importation, 
and  upon  their  leaving  such  place  for  the  interior,  be  exempt  from  all 
dutv,  tax,  or  impost  of  every  kind,  under  whasoever  title  or  denomi- 
nation. Nor  shall  they  be  there  subjected  to  any  charge  whatsoever 
upon  the  sale  thereof. 

4.  All  merchandise,  effects,  and  property,  described  in  the  first  and 
second  rules,  which  shall  have  been  removed  to  any  place  in  the 
interior  whilst  such  place  was  in  the  occupation  of  the  forces  of  the 
United  States,  shall,  during  their  continuance  therein,  be  exempt 
from  all  tax  upon  the  sale  or  consumption  thereof,  and  from  every 
kind  of  impost  or  contribution,  under  whasoever  title  or  denomina- 
tion. 

5.  But  if  any  merchandise,  effects,  or  property,  described  in  the 
first  and  second  rules,  shall  be  removed  to  any  place  not  occupied  at 
the  time  by  forces  of  the  United  States,  they  shall,  upon  their  intro- 
duction into  such  place,  or  upon  their  sale  or  consumption  there,  be 
subject  to  the  same  duties  which,  under  the  Mexican  laws,  they 
would  be  required  to  pay  in  such  cases  if  they  had  been  imported  in 
time  of  peace,  through  the  maritime  custom-houses,  and  had  there 
paid  the  duties  conformably  with  the  Mexican  tariff. 

6.  The  owners  of  all  merchandise,  effects,  or  property,  described  in 
the  first  and  second  rules,  and  existing  in  any  port  of  Mexico,  shall 


386  California 

have  the  right  to  reship  the  same,  exempt  from  all  tax,  impost,  or 
contribution  whatever. 

With  respect  to  the  metals,  or  other  property,  exported  from  any 
Mexican  port  whilst  in  the  occupation  of  the  forces  of  the  United 
States,  and  previously  to  the  restoration  of  the  custom-house  at  such 
port,  no  person  shall  be  required  by  the  Mexican  authorities,  whether 
general  or  state,  to  pay  any  tax,  duty,  or  contribution  upon  m\y  such 
exportation,  or  in  any  manner  to  account  for  the  same  to  the  said  au- 
thorities. 

ARTICL.E   XX 

Through  consideration  for  the  interests  of  commerce  generally,  it 
is  agreed,  that  if  less  than  sixty  days  should  elapse  between  the  date 
of  the  signature  of  this  treaty  and  the  restoration  of  the  custom- 
houses, conformably  with  the  stipulation  in  the  third  article,  in  such 
case  all  merchandise,  effects,  and  property  whatsoever,  arriving  at 
the  Mexican  ports  after  the  restoration  of  the  said  custom-houses, 
and  previously  to  the  expiration  of  sixty  days  after  the  day  of  the 
signature  of  this  treaty,  shall  be  admitted  to  entry;  and  no  other 
duties  shall  be  levied  thereon  than  the  duties  established  by  the  tariff 
found  in  force  at  such  custom-houses  at  the  time  of  the  restoration 
of  the  same.  And  to  all  such  merchandise,  effects,  and  ])roperty,  the 
rules  established  by  the  preceding  article  shall  apply. 

Article  XXI 

If  unhappily  any  disagreement  should  hereafter  arise  between  the 
Governments  of  the  two  republics,  whether  with  respect  to  the  inter- 
pretation of  any  stipulation  in  this  treaty,  or  with  respect  to  any 
other  particular  concerning  the  political  or  commercial  relations  of 
the  two  nations,  the  said  Governments,  in  the  name  of  those  nations, 
do  promise  to  each  other  that  they  will  endeavor,  in  the  most  sincere 
and  earnest  manner,  to  settle  the  differences  so  arising,  and  to  pre- 
serve the  state  of  peace  and  friendship  in  which  the  two  countries 
are  now  placing  themselves,  using,  for  this  end,  mutual  representa- 
tions, and  pacific  negotiations.  And  if,  by  these  means,  they  should 
not  be  enabled  to  come  to  an  agreement,  a  resort  shall  not,  on  this 
account,  be  had  to  reprisals,  aggression,  or  hostility  of  any  kind,  by 
the  one  republic  against  the  other,  until  the  Government  of  that 
which  deems  itself  aggrieved  shall  have  maturelv  considered,  in  the 
spirit  of  peace  and  good  neighborship,  whether  it  would  not  be  bet- 
ter that  such  difference  should  be  settled  by  the  arbitration  of  com- 
missioners appointed  on  each  side,  or  by  that  of  a  friendly  nation. 
And  should  such  course  be  proposed  by  either  party,  it  shall  be 
acceded  to  by  the  other,  unless  deemed  by  it  altogether  incompatible 
with  the  nature  of  the  difference,  or  the  circumstances  of  the  case. 

Article  XXII 

If  (which  is  not  to  be  expected,  and  which  God  forbid)  war 
should  unhappily  break  out  between  the  two  republics,  they  do  now. 
with  a  view  of  such  calamity,  solemnly  pledge  themselves  to  each 
other  and  to  the  world  to  observe  the  loUowing  rules,  absolutely 


California  387 

where  the  nature  of  the  subject  permits,  and  as  closely  as  possible 
in  all  cases  where  such  absolute  observance  shall  be  impossible : 

1.  The  merchants  of  either  republic  then  residing  in  the  other  shall 
be  allowed  to  remain  twelve  months,  (for  those  dwelling  in  the  inte- 
rior,) and  six  months,  (for  those  dwelling  at  the  sea-ports,)  to  collect 
their  debts  and  settle  their  affairs;  during  which  periods  they  shall 
enjoy  the  same  protection,  and  be  on  the  same  footing,  in  all  respects, 
as  the  citizens  or  subjects  of  the  most  friendly  nations;  and,  at  the 
expiration  thereof,  or  at  any  time  before,  they  shall  have  full  liberty 
to  dej)art,  carrying  off  all  their  effects  without  molestation  or  hin- 
drance, conforming  therein  to  the  same  laws  which  the  citizens  or 
subjects  of  the  most  friendly  nations  are  required  to  conform  to. 
Upon  the  entrance  of  the  armies  of  either  nation  into  the  territories 
of  the  other,  women  and  children,  ecclesiastics,  scholars  of  every 
faculty,  cultivators  of  the  earth,  merchants,  artisans,  manufacturers, 
and  fishermen,  unarmed  and  inhabiting  unfortified  towns,  villages, 
or  places,  and  in  general  all  persons  whose  occupations  are  for  the 
common  subsistence  and  benefit  of  mankind,  shall  be  allowed  to  con- 
tinue their  respective  employments,  unmolested  in  their  persons. 
Nor  shall  their  houses  or  goods  be  burnt  or  otherwise  destroyed,  nor 
their  cattle  taken,  nor  their  fields  wasted,  by  the  armed  force  into 
whose  power,  by  the  events  of  war,  they  may  happen  to  fall ;  but  if 
the  necessity  arise  to  take  anything  from  them  for  the  use  of  such 
armed  force,  the  same  shall  be  paid  for  at  an  equitable  price.  All 
churches,  hospitals,  schools,  colleges,  libraries,  and  other  establish- 
ments for  charitable  and  beneficent  purposes,  shall  be  respected,  and 
all  persons  connected  with  the  same  protected  in  the  discharge  of 
their  duties,  and  the  pursuit  of  their  vocations. 

2.  In  order  that  the  fate  of  prisoners  of  war  may  be  alleviated,  all 
such  practices  as  those  of  sending  them  into  distant,  inclement,  or 
unwholesome  districts,  or  crowding  them  into  close  and  noxious 
places,  shall  be  studiously  avoided.  They  shall  not  be  confined  in 
dungeons,  prison-ships,  or  prisons;  nor  be  put  in  irons,  or  bound,  or 
otherwise  restrained  in  the  use  of  their  limbs.  The  officers  shall 
enjoy  liberty  on  their  paroles,  within  convenient  districts,  and  have 
comfortable  quarters;  and  the  common  soldier  shall  be  disposed  in 
cantonments,  open  and  extensive  enough  for  air  and  exercise,  and 
lodged  in  barracks  as  roomy  and  good  as  are  provided  by  the  party 
in  whose  power  they  are  for  its  own  troops.  But  if  any  officer  shall 
break  his  parole  by  leaving  the  district  so  assigned  him,  or  any  other 
prisoner  shall  escape  from  the  limits  of  his  cantonment,  after  they 
shall  have  been  designated  to  him,  such  individual,  officer,  or  other 
prisoner,  shall  forfeit  so  much  of  the  benefit  of  this  article  as.  pro- 
vides for  his  liberty  on  parole  or  in  cantonment.  And  if  any  officer 
so  breaking  his  parole,  or  any  common  soldier  so  escaping  from  the 
limits  assigned  him,  shall  afterwards  be  found  in  arms,  previously 
to  his  being  regularly  exchanged,  the  person  so  offending  shall  be 
dealt  with  according  to  the  established  laws  of  war.  The  officers 
shall  be  daily  furnished  by  the  party  in  whose  power  they  are  with 
as  many  rations,  and  of  the  same  articles  as  are  allowed,  either  in 
kind  or  by  commutation,  to  officers  of  equal  rank  in  its  own  armj'^;  ; 
and  all  others  shall  be  daily  furnished  with  such  ration  as  is  allowed  ; 
to  a  common  soldier  in  its  own  service ;  the  value  of  all  which  sup-  | 
plies  shall,  at  the  close  of  the  war,  or  at  periods  to  k'  agreed  upon 


388  California 

between  the  respective  commanders,  Ik'  paid  by  the  other  party,  on  a 
mutual  adjustment  of  accounts  for  the  subsistence  of  prisonei-s ;  and 
such  accounts  shall  not  he  mingled  with  or  s<'t  off  against  any  others, 
nor  the  balance  due  on  them  Ik»  withheld,  as  a  comi^ensation  or 
reprisal  for  any  cause  whatever,  real  or  i)retended.  Each  party  shall 
\ye  allowed  to  keep  a  commissary  of  prisoners,  appointed  b}-^  itself, 
with  every  cantonment  of  prisoners,  in  possession  of  the  other;  which 
commissary  shall  see  the  prisoners  as  often  as  he  pleases;  shall  be 
allowed  to  receive,  exempt  from  all  duties  or  taxes,  and  to  distribute, 
whatever  comforts  may  be  sent  to  them  by  their  friends;  and  shall 
be  free  to  transmit  his  reports  in  open  letters  to  the  party  by  whom 
he  is  employed. 

And  it  is  declared  that  neither  the  pretence  that  war  di&solves  all 
treaties,  nor  any  other  whatever,  shall  be  considered  as  annulling  or 
susj)ending  the  solemn  covenant  contained  in  this  article.  On  the 
contrary,  the  state  of  war  is  precisely  that  for  which  it  is  provided; 
and,  during  which,  its  stipulations  are  to  be  as  sacredly  observed  as 
the  most  acknowledged  obligations  under  the  law  of  nature  or  nations. 

Article  XXIII 

This  treaty  shall  be  ratified  by  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof ; 
and  by  the  President  of  the  Mexican  Republic,  with  the  previous 
approbation  of  its  general  Congress;  and  the  ratifications  shall  be 
exchan|2:ed  in  the  city  of  Washington,  or  at  the  seat  of  Government 
of  Mexico,  in  four  months  from  the  date  of  the  signature  hereof,  or 
sooner  if  practicable. 

In  faith  whereof  we.  the  respective  Plenipotentiaries,  have  signed 
this  treaty  of  jjeace,  friendship,  limits,  and  settlement,  and  have  here- 
unto affixed  our  seals  respectivel3\  Done  in  quintuplicate,  at  the 
city  of  (Tuadalu])e  Hidalgo,  on  the  second  day  of  February,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty-eight. 

N,  P.  Trist.  '  [l.  8. 1 

Luis  G.  Cuevas.      [l.  s.] 
Bernardo  Couto.    [l.  s.] 

MiGL.    AtRISTAIN.      [L.  8.] 

Protocol 

In  the  city  of  Queretaro,  on  the  twenty-sixth  of  the  month  of  May, 
eighteen  hundred  and  forty-eight,  at  a  conference  between  their 
excellencies  Nathan  Clifford  and  Ambrose  H.  Sevier,  Commissioners 
of  the  U.  S.  of  A.,  with  full  powers  from  their  Government  to  make  to 
the  Mexican  Republic  suitable  explanations  in  regard  to  the  amend- 
ments which  the  Senate  and  Government  of  the  said  United  States 
have  made  in  the  treaty  of  peace,  friendship,  limits,  and  definitive 
settlement  between  the  two  Republics,  signed  in  Quadalupe  Hidalgo, 
on  the  second  day  of  Februaiy  of  the  present  year;  and  His  Excel- 
lency Don  Luis  de  la  Rosa,  Minister  of  Foreign  Affairs  of  the  Re- 
public of  Mexico:  it  was  agreed,  after  adequate  conversation,  respect- 


California  389 

ing  the  changes  alluded  to,  to  record  in  the  present  protocol  the  fol- 
lowing explanations,  which  their  aforesaid  excellencies  the  Commis- 
sioners gave  in  the  name  of  their  Government  and  in  fulfillment  of 
the  commission  conferred  upon  them  near  the  Mexican  Republic : 

1st.  The  American  Government  by  suppressing  the  IXth  article  of 
the  treaty  of  Guadalupe  Hidalgo  and  substituting  the  Illd  article  of 
the  treaty  of  Louisiana,  did  not  intend  to  diminish  in  any  way  what 
was  agi'eed  upon  by  the  aforesaid  article  IXth  in  favor  of  the  in- 
habitants of  the  territories  ceded  by  Mexico.  Its  understanding  is 
that  all  of  that  agreement  is  contained  in  the  3d  article  of  the  treaty 
of  Louisiana.  In  consequence  all  the  privileges  and  guarantees,  civil, 
political,  and  religious,  which  would  have  been  possessed  by  the 
inhabitants  of  the  ceded  territories,  if  the  IXth  article  of  the  treaty 
had  been  retained,  will  be  enjoyed  by  them,  without  any  diiference, 
under  the  article  which  has  been  substituted. 

2d.  The  American  Government  by  suppressing  the  Xth  article  of 
the  treaty  of  Guadalupe  did  not  in  any  waj'^  mtend  to  annul  the 
grants  of  lands  made  by  Mexico  in  the  ceded  territories.  These  grants, 
notwithstanding  the  suppression  of  the  article  of  the  treaty,  preserve 
the  legal  value  which  they  may  possess,  and  the  grantees  may  cause 
their  legitimate  [titles]  to  be  acknowledged  before  the  American 
tribunals. 

Conformably  to  the  law  of  the  United  States,  legitimate  titles  to 
every  description  of  property,  personal  and  real,  existing  in  the 
ceded  territories  are  those  which  were  legitimate  titles  under  the 
Mexican  law  in  California  and  New  Mexico  up  to  the  13th  of  May, 
1846,  and  in  Texas  up  to  the  2d  March,  1836. 

3d.  The  Government  of  the  United  States,  by  suppressing  the  con- 
cluding paragraph  of  article  Xllth  of  the  treaty,  did  not  intend  to 
deprive  the  Mexican  Republic  of  the  free  and  unrestrained  faculty 
of  ceding,  conveying,  or  transferring  at  any  time  (as  it  may  judge 
best)  the  sum  or  twelve  millions  of  dollars  which  the  same  Govern- 
ment of  the  U.  States  is  to  deliver  in  the  places  designated  by  the 
amended  article. 

And  these  explanations  having  been  accepted  by  the  Minister  of 
Foreign  Affairs  of  the  Mexican  Republic,  he  declared,  in  name  of 
his  Government,  that  with  the  understanding  conveyed  by  them  the 
same  Government  would  proceed  to  ratify  the  treaty  of  Guadalupe,  as 
modified  by  the  Senate  and  Government  of  the  U.  States.  In  testi- 
mony of  which,  their  Excellencies,  the  aforesaid  Commissioners  and 
the  Minister,  have  signed  and  sealed,  in  quintuplicate,  the  present 
protocol. 

A.  H.  Sevier.  [seal.] 

Nathan  Clifford,     [seal.] 
Luis  de  la  Rosa.        [seal.] 


390  California— 1850 


ACT  FOR  ADMISSION  OF  CAUFOENIA— 1850  « 

ITHIBTY-FIRST   CONGBESS.    FIR8T    SkSSIO.N  1 

An  Act  for  the  admisston  of  the  State  of  California  into  the  Union. 

Whereas  the  people  of  California  have  presented  a  constitution  and 
asked  admission  into  the  Union,  which  constitution  was  submitted 
to  Congress  by  the  President  of  the  United  States,  by  message 
dated  February  thirteenth,  eighteen  hundred  and  fifty,  and  which, 
on  due  examination,  is  found  to  be  republican  in  its  form  of  gov- 
ernment : 

Be  it  enacted  by  the  Senate  and  House  of  Representatwes  of  the 
United  States  of  America  in  Congress  assembled^  That  the  State  of 
California  shall  be  one,  and  is  hereby  declared  to  be  one,  of  the  United 
States  of  America,  and  admitted  into  the  Union  on  an  equal  footing 
with  the  original  States  in  all  respects  whatever. 

Sec.  2.  A7id  he  it  further  enacted^  That,  until  the  Representatives  in 
Confess  shall  be  apportioned  according  to  an  actual  enumeration  of 
the  mhabitants  of  the  United  States,  the  State  of  California  shall  Ikj 
entitled  to  two  Representatives  in  Congress. 

Sec.  3.  And  he  it  further  enacted^  That  the  said  State  of  California 
is  admitted  into  the  Union  upon  the  express  condition  that  the  people 
of  said  State,  through  their  legislature  or  otherwise,  shall  never  inter- 
fere with  the  primary  disposal  of  the  public  lands  within  its  limits, 
and  shall  pass  no  law  and  do  no  act  whereby  the  title  of  the  United 
States,  to,  and  right  to  dispose  of,  the  same  shall  be  impaired  or 
questioned;  and  that  they  shall  never  lay  any  tax  or  assessment  of 
any  description  whatsoever  upon  the  public  domain  of  the  United 
States,  and  in  no  case  shall  non-resident  proprietors,  who  are  citizens 
of  the  United  States,  be  taxed  higher  tiian  residents;  and  that  all 
the  navigable  waters  within  the  said  State  shall  be  common  high- 
ways, and  forever  free,  as  well  to  the  inhabitants  of  said  State  as  to 
the  citizens  of  the  United  States,  without  any  tax,  impost,  or  duty 
therefor:  Pro  elded  ^  That  nothing  herein  contained  shall  be  construed 
as  recognizing  or  rejecting  the  propositions  tendered  by  the  people  of 
California  as  articles  of  compact  in  the  ordinance  adopted  by  the 
convention  which  formed  the  constitution  of  that  State. 

Approved,  September  9,  1850. 

«  An  act  of  Marcli  3,  1840.  extended  the  revenue  laws  to  California  and  erected 
a  colle^'tion  district  therein.  Congress  having  faile<l  to  pass  a  bill  establishing 
a  territorial  government  in  California,  whicli  was  presentetl  in  1849,  and  two 
bills  establishing  a  State  government  there,  which  were  presented  in  1840  and 
in  1S,")0.  passe<l  this  act  for  the  admission  of  California  as  one  of  the  Tniteil 
States,  which  was  approved  Septenil>er  0,  18.50.  A  subsetiuent  act  of  Congress, 
approved  September  28.  18.'S0,  provided.  *'  That  all  the  laws  of  the  United  States 
which  are  not  locally  inai)plicable  shall  have  the  same  force  and  effect  within 
the  said  State  of  California  as  elsewhere  within  the  United  States." 


California— 1849  391 


CONSTITUTION  OF  CALIFORNIA— 1849*» 

We,  the  people  of  California,  grateful  to  Almighty  God  for  oiir 
freedom  in  order  to  secure  its  blessings,  do  establish  this  Constitution. 

Article  I 

DECLARATION   OF   RIGHTS 

Section  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and  protecting 
property,  and  pursuing  and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  to  the  people.  Government 
is  instituted  for  the  protection,  security,  and  benefit  of  the  people; 
and  they  have  the  right  to  alter  or  reform  the  same  whenever  the 
public  good  may  require  it. 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  remain 
inviolate  forever ;  but  jury  trial  may  be  waived  by  the  parties  in  all 
civil  cases,  in  the  manner  to  be  prescribed  by  law. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  al- 
lowed in  this  State ;  and  no  person  shall  be  rendered  incompetent  to 
be  a  witness  on  account  of  his  opinions  on  matters  of  religious  belief ; 
but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  construed 
as  to  excuse  acts  of  licentiousness,  or  justify  practices  inconsistent 
with  the  peace  or  safety  of  this  State. 

Se(;.  5.  The  privilege  of  the  writ  of  liaheas  corpus  shall  not  be 
suspended,  unless  w^hen,  in  case  of  rebellion  or  invasion,  the  public 
safety  maj'^  require  its  suspension. 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  shall  cruel  or  unusual  punishments  be  inflicted,  nor  shall 
witnesses  be  imreasonably  detained. 

Sec.  T.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offences,  when  the  proof  is  evident  or  the  presumption  great. 

Sec.  8.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  (except  in  cases  of  impeachment,  and  in  cases  of 
militia  when  in  actual  service,  and  the  land  and  naval  forces  in  time 
of  war,  or  which  this  State  may  keep  w^ith  the  consent  of  Congress 
in  time  of  peace,  and  in  cases  of  petit  larceny  under  the  regulation  of 
the  legislature,) unless  on  presentment  or  indictment  of  a  grand  jury; 
and  in  any  trial  in  any  court  whatever  the  party  accused  shall  be 
allowed  to  appear  and  defend  in  person  and  with  counsel,  as  in  civil 

*  Verified  from  "  The  Debates  in  the  Convention  of  California  on  the  Forma- 
tion of  the  State  Constitution  in  September  and  October,  1849."  Reported  by 
J.  Ross  Browne,  Washington.  Printed  by  John  T.  Towers,  1850.  Appendix, 
pp.  III-XL.  Also  by  the  Laws  of  California,  1849-1879.  Also  by  the  text 
printed  in  Vol.  I,  pp.  5-11,  of  "  The  Debates  and  Proceedings  of  the  California 
State  Constitutional  Convention  of  1878-9." 

o  This  convention  was  framed  by  a  convention  called  by  General  Riley,  U.  S.  A., 
as  provisional  governor,  which  met  at  Monterey  September  1,  1849,  and  ad- 
journed October  13,  1849.  The  constitution  submitted  by  them  to  the  people  was 
ratified  November  13,  1849,  receiving  12,061  votes  against  811  votes. 


392  California— 1849 

actions.  No  person  shall  be  subject  to  be  twice  put  in  jeopardy  for 
the  same  oflfence;  nor  shall  ho  be  compellcfl,  in  any  criminal  case,  to 
be  a  witness  against  himself,  nor  lx»  deprived  of  life,  lilH»rty,  or  prop- 
erty without  due  process  of  law ;  nor  shall  private  property  be  taken 
for  public  use  without  just  compensation. 

Sec.  9.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  l)ein^  responsible  for  the  abuse  of  that  ri^ht; 
and  no  law  shall  l)e  passed  to  restrain  or  abridge  the  liberty  of  s|oeech 
or  of  the  press.  In  all  criminal  prosecutions  on  indictments  for  lil)els, 
the  truth  may  Iw  «jiven  in  evidence  to  the  jury;  and  if  it  shall  appear 
to  the  jury  that  the  matter  charged  as  libellous  is  true,  and  was  pub- 
lished with  good  motives  and  for  justifiable  ends,  the  party  shall  be 
acquitted ;  and  the  jury  shall  have  the  right  to  determine  the  law  and 
the  fact. 

Sec.  10.  The  people  shall  have  the  right  freely  to  assemble  together 
to  consult  for  the  common  good,  to  instruct  their  representatives,  and 
to  petition  the  legislature  for  redress  of  grievances. 

Sec.  11.  All  laws  of  a  general  nature  shall  have  a  uniform 
operation. 

Sec.  12.  The  military  shall  be  subordinate  to  the  civil  power.  Xo 
standing  army  shall  l>e  kept  up  by  this  State  in  time  of  peace;  and  in 
time  of  war  no  appropriation  for  a  standing  army  shall  be  for  a 
longer  time  than  two  years. 

Sec.  13.  Xo  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner;  nor  in  time  of  war.  except 
in  the  manner  to  be  prescribed  by  law. 

Sec.  14.  Representation  shall  be  apportioned  according  to  popu- 
lation. 

Sec.  15.  Xo  person  shall  be  imprisoned  for  debt,  in  any  civil  action 
on  mesne  or  final  process,  unless  in  cases  of  fraud;  and  no  i)erson 
shall  be  imprisoned  for  a  militia  fine  in  time  of  jjeace. 

Sec.  10.  Xo  bill  of  attainder,  cr  post  facto  law,  or  law  impairing 
the  obligation  of  contracts,  shall  ever  l)e  passed. 

Sec.  17.  Foreigners  who  are,  or  who  may  hereafter  become  hon^i- 
flde  residents  of  this  State,  shall  enjoy  the  same  rights  in  respect  to 
the  possession,  enjoyment,  and  inheritance  of  property,  as  native-bom 
citizens. 

Sec.  18.  Xeither  slavery,  nor  involuntary  servitude,  unless  for  the 
punishment  of  crimes,  shall  ever  be  tolerated  in  this  State. 

Sec.  10.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  seizures  and  searches, 
shall  not  be  violated ;  and  no  warrant  shall  issue  but  on  probable 
CAUse,  supported  by  oath  or  affirmation,  particularly  describing  the 
place  to  be  searched,  and  the  persons  and  things  to  be  seized. 

Sec.  20.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it.  adhering  to  its  enemies,  or  giving  them  aid  and  comfort. 
Xo  person  shall  be  convicted  of  treason,  unless  on  the  evidence  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

Sec.  21.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others  retained  by  the  people. 


California— 1849  393 

Abticlb  II 

RIGHT   OF    SUFFRAGE 

Section  1.  Every  white  male  citizen  of  the  United  States,  and 
every  white  male  citizen  of  Mexico,  who  shall  have  elected  to  become 
a  citizen  of  the  United  States,  under  the  treaty  of  peace  exchanged 
and  ratified  at  Queretaro,  on  the  30th  day  of  May,  1848,  of  the  age  of 
twenty-one  years,  who  shall  have  been  a  resident  of  the  State  six 
months  next  preceding  the  election,  and  the  county  or  district  in 
which  he  claims  his  vote  thirty  days,  shall  be  entitled  to  vote  at  all 
elections  which  are  now  or  hereafter  may  be  authorized  by  law :  Pro- 
vided, That  nothing  herein  contained,  shall  be  construed  to  prevent 
the  Legislature,  b}'^  a  two-thirds  concurrent  vote,  from  admitting  to 
the  right  of  suffrage,  Indians  or  the  descendants  of  Indians,  in  such 
special  cases  as  such  a  proportion  of  the  legislative  body  may  deem 
just  and  proper. 

Sec.  2.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  on  the  days  of  the  election, 
during  their  attendance  at  such  election,  going  to  and  returning  there- 
from. 

Sec.  3.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the 
day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  4.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States,  nor  while  engaged 
in  the  navigation  of  the  waters  of  this  State,  or  of  the  United  States, 
or  of  the  high  seas ;  nor  while  a  student  of  any  seminary  of  learning ; 
nor  while  kept  at  any  almshouse,  or  other  asylum,  at  public  expense ; 
nor  while  confined  in  any  public  prison. 

Sec.  5.  No  idiot  or  insane  person,  or  person  convicted  of  any  infa- 
mous crime,  shall  be  entitled  to  the  privileges  of  an  elector. 

Sec.  6.  All  elections  by  the  people  shall  be  by  ballot. 

Article  III 

DISTRIBUTION    OF   POWERS 

The  powers  of  the  government  of  the  State  of  California  shall  be 
divided  into  three  separate  departments — the  legislative,  the  execu- 
tive, and  judicial ;  and  no  person  charged  with  the  exercise  of  powers 
properly  belonging  to  one  of  these  departments  shall  exercise  any 
functions  appertaining  to  either  of  the  others,  except  in  the  cases 
hereinafter  expressly  directed  or  permitted. 

Article  IV 

LEGISLATIVE   DEPARTMENT 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
senate  and  assembly,  which  shall  be  designated  "  The  legislature  of 
the  State  of  California,"  and  the  enacting  clause  of  every  law  shall  be 
as  follows.:  "  The  people  of  the  State  of  California,  represented  in 
senate  and  assembly,  do  enact  as  follows.'' 


394  California— 1849 

Sec.  2.  The  sessions  of  the  legislature  shall  be  annual,  and  shall 
commence  on  the  first  Monday  of  January  next  ensuing  the  election 
of  its  members,  unless  the  governor  of  the  State  shall  in  the  interim 
convene  the  legislature  by  proclamation. 

Sec.  3.  The  memlx»rs  of  the  assembly  shall  be  chosen  annually,  by 
the  qualified  voters  of  their  respective  districts,  on  the  Tuesday  next 
after  the  first  Monday  in  Noveml>er,  unless  otherwise  ordered  by  the 
Legislature,  and  their  term  of  office  shall  be  one  year. 

Sec.  4.  Senators  and  members  of  the  assembly  shall  be  duly -quali- 
fied electors  in  the  respective  counties  and  districts  which  they 
represent. 

Sec.  5.  Senators  shall  be  chosen  for  the  term  of  two  years,  at  the 
same  time  and  places  as  members  of  assembly;  and  no  person  shall 
be  a  member  of  the  senate  or  assembly  who  has  not  been  a  citizen  and 
inhabitant  of  the  State  one  year,  and  of  the  county  or  district  for 
which  he  shall  be  chosen  six  months  next  before  his  election. 

Sec.  0.  The  number  of  senators  shall  not  be  less  than  one-third  nor 
more  than  one-half  of  that  of  the  members  of  assembly;  and  at  the 
first  sesstion  of  the  legislature  after  this  constitution  takes  effect,  the 
senators  shall  be  divided  by  lot,  as  equally  as  may  be,  into  two  classes; 
the  seats  of  the  senators  of  the  first  class  shall  he  vacated  at  the 
expiration  of  the  first  year,  so  that  one-half  shall  be  chosen  annually. 

Sec.  7.  A\Tien  the  number  of  senators  is  increased,  they  shall  be 
apportioned  by  lot,  so  as  to  keep  the  two  classes  as  nearly  equal  in 
number  as  possible. 

Sec.  8.  Each  house  shall  choose  its  own  officers,  and  judge  of  the 
qualifications,  elections,  and  returns  of  its  own  members. 

Sec.  9.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members,  in  such  manner  and 
uncler  such  penalties  as  each  house  may  provide. 

Sec.  10.  Each  house  shall  determine  the  rules  of  its  own  proceed- 
ings, and  may,  with  the  concurrence  of  two-thirds  of  all  the  memliers 
elected,  expel  a  member. 

Sec.  11.  Each  house  shall  keep  a  journal  of  its  own  proceedings, 
and  publish  the  same;  and  the  yeas  and  nays  of  the  members  of  either 
house  on  any  question  shall,  at  the  desire  of  any  three  members 
present,  be  entered  on  the  journal. 

Sec.  12.  Members  of  the  legislature  shall,  in  all  cases  except  trea- 
son, felony,  and  breach  of  the  peace,  be  privileged  from  arrest;  and 
they  shall  not  be  subject  to  any  civil  process  durmg  the  session  of  the 
legislature,  nor  for  fifteen  days  next  before  the  commencement  and 
after  the  termination  of  each  session. 

Sec.  13.  When  vacancies  occur  in  either  house,  the  governor,  or  the 
person  exercising  the  functions  of  the  governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

Sec.  14.  The  d(K)rs  of  each  house  shall  be  open,  except  on  such  occa- 
sions as  in  the  opinion  of  the  house  may  require  secrecy. 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting. 

Sec.  10.  Any  bill  may  originate  in  either  house  of  the  legislature, 
and  all  bills  passed  by  one  house  may  be  amended  in  the  ot^er. 


California— 1849  395 

Sec.  17.  Every  bill  which  may  have  passed  the  legislature  shall, 
before  it  becomes  a  law,  be  presented  to  the  governor.  If  he  approve 
it,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objections, 
to  the  house  in  which  it  originated,  which  shall  enter  the  same  upon 
the  journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, it  again  pass  both  houses,  by  yeas  and  nays,  by  a  majority  of 
two-thirds  of  the  members  of  each  house  present,  it  shall  become  a 
law,  notwithstanding  the  governor's  objections.  If  any  bill  shall 
not  be  returned  within  ten  days  after  it  shall  have  been  presented  to 
him,  (Sundays  excepted,)  the  same  shall  be  a  law,  in  like  manner  as 
if  he  had  signed  it,  unless  the  legislature,  by  adjournment,  prevent 
such  return. 

Sec.  18.  The  assembly  shall  have  the  sole  power  of  impeachment; 
and  all  impeachments  shall  be  tried  by  the  senate.  When  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or  affirmation ;  and  no 
person  shall  be  convicted,  without  the  concurrence  of  two-thirds  of 
the  members  present. 

Sec.  19.  The  governor,  lieutenant-governor,  secretary  of  state, 
comptroller,  treasurer,  attorney-general,  surveyor-general,  justices  of 
the  supreme  court  and  judges  of  the  district  courts,  shall  be  liable  to 
impeachment  for  any  misdemeanor  in  office;  but  judgment  in  such 
cases  shall  extend  only  to  removal  from  office,  and  disqualification  to 
hold  any  office  of  honor,  trust  or  profit,  under  the  State;  but  the 
party  convicted,  or  acquitted,  shall  "nevertheless,  be  liable  to  indict- 
ment, trial,  and  punishment,  according  to  law.  All  other  civil  officers 
shall  be  tried,  for  misdemeanor  in  office,  in  such  manner  as  the 
legislature  may  provide. 

Sec.  20.  No  senator,  or  member  of  assembly,  shall,  during  the  term 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
of  profit,  under  this  State,  which  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased,  during  such  term, 
except  such  office  as  may  be  filled  by  elections  by  the  people. 

Sec.  21.  No  person  holding  any  lucrative  office  under  the  United 
States,  or  any  other  power,  shall  be  eligible  to  any  civil  office  of  profit, 
under  this  State:  Provided^  That  officers  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  or  local  officers  and  postmasters 
whose  compensation  does  not  exceed  five  hundred  dollars  per  annum, 
shall  not  be  deemed  lucrative. 

Sec.  22.  No  person  who  shall  be  convicted  of  the  embezzlement,  or 
defalcation  of  the  public  funds  of  this  State,  shall  ever  be  eligible  to 
any  office  of  honor,  trust,  or  profit  under  this  State;  and  the  legisla- 
ture shall,  as  soon  as  practicable,  pass  a  law  providing  for  the  punish- 
ment of  such  embezzlement,  or  defalcation,  as  a  felony.  \ 

Sec.  23.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law.  An  accurate  statement  of 
the  receipts  and  expenditures  of  the  public  moneys,  shall  be  attached 
to  and  published  with  the  laws  at  every  regular  session  of  the 
legislature. 

Sec.  24.  The  members  of  the  legislature  shall  receive  for  their 
services,  a  compensation  to  be  fixed  by  law,  and  paid  out  of  the  pub- 
lic treasury;  but  no  increase  of  the  compensation  shall  take  eflfect  dur- 
ing the  term  for  which  the  members  of  either  house  shall  have  been 
elected. 


396  Calif omi4i— 1849 

Sec.  25.  Every  law  enacted  by  the  legislature  shall  embrace  but 
one  object,  and  that  shall  be  expressed  in  the  title;  and  no  law  shall 
be  revised,  or  amended,  by  reference  to  its  title;  but,  in  such  case,  the 
act  revised,  or  section  amended  shall  l>e  reenacted  and  published  at 
length. 

Sec.  26.  No  divorce  shall  be  granted  bv  the  legislature. 

Sec.  27.  No  lottery  shall  be  authorized  by  this  State,  nor  shall  the 
sale  of  lottery -tickets  be  allowed. 

Sec.  28.  The  enumeration  of  the  inhabitants  of  this  State  shall  he 
taken,  under  the  direction  of  the  legislature,  in  the  year  one  thousand 
eight  hundred  and  fifty-two,  and  one  thousand  eight  hundred  and 
fifty-five,  and  at  the  end  of  every  ten  years  thereafter;  and  these 
enumerations,  together  with  the  census  that  may  be  taken,  under  the 
direction  of  the  Congress  of  the  United  States,  in  the  year  one 
thousand  eight  hundred  and  fifty,  and  every  subsequent  ten  years, 
shall  serve  as  the  basis  of  representation  in  both  houses  of  the 
legislature. 

Sec.  29.  The  number  of  senators  and  members  of  assembly,  shall, 
at  the  first  session  of  the  legislature  holden  after  the  enumerations 
herein  provided  for  are  made,  be  fixed  by  the  legislature,  and  appor- 
tioned among  the  several  counties  and  diistricts  to  be  established  by 
law,  according  to  the  number  of  white  inhabitants.  The  number  of 
members  of  assembly  shall  not  be  less  than  twenty-four,  nor  more 
than  thirty-six,  until  the  number  of  inhabitants  within  this  State 
shall  amount  to  one  hundred  thousand;  and  after  that  period,  at 
such  ratio  that  the  whole  number  of  members  of  assembly  shall  never 
be  less  than  thirty  nor  more  than  eighty. 

Sec.  30.  AAlien  a  congressional,  senatorial,  or  assembly  district  shall 
be  composed  of  two  or  more  counties,  it  shall  not  be  separated  by  any 
county  belonging  to  another  district ;  and  no  conuty  shall  be  divided 
in  forming  a  congressional,  senatorial,  or  assembly  district. 

Sec.  31.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  si)ecial  act  except  for  municipal  purposes.  All 
general  laws  and  special  acts  passed  pursuant  to  this  section  may  be 
altered  from  time  to  time,  or  repealed. 

Sec.  32.  Dues  from  cor])orations  shall  Ije  secured  by  such  indi- 
vidual liability  of  the  corporators  and  other  means  as  may  be  pre- 
scribed by  law. 

Sec.  33.  The  term  corporations  as  used  in  this  article  shall  be  con- 
strued to  include  all  associations  and  joint-stock  companies  having 
anv  of  the  powers  or  privileges  of  corporations  not  possessed  by 
individuals  or  partnerships.  And  all  corporations  shall  have  the 
right  to  sue.  and  shall  be  subject  to  be  sued,  in  all  courts  in  like  cases 
as  natural  persons. 

Sec.  34.  The  legislature  shall  have  no  power  to  pass  any  act  grant- 
ing any  charter  for  banking  purposes;  but  associations  may  l)e  formed 
under  general  laws  for  the  deposit  of  gold  and  silver,  but  no  such 
association  shall  make,  issue,  or  put  in  circulation  any  bill,  check, 
ticket,  certificate,  promissory-note,  or  other  paper,  or  the  paper  of  any 
bank,  to  circulate  as  money. 

Sec,  35.  The  legislature  of  this  State  shall  prohibit  by  law  any 
person  or  persons,  association,  company,  or  corporation  from  exer- 
cising the  privileges  of  banking  or  creating  paper  to  circulate  as 
money. 


California— 1849  397 

Sec.  36.  Each  stockholder  of  a  corporation  or  joint-stock  associa- 
tion shall  be  individual!}^  and  personally  liable  for  his  Droportion 
of  all  its  debts  and  liabilities. 

Sec.  37.  It  shall  be  the  duty  of  the  legislature  to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and  to  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts, 
and  loaning  their  credit,  so  as  to  prevent  abuses  in  assessments  and 
in  contracting  debts  by  such  municipal  corporations. 

Sec.  38.  In  all  elections  by  the  legislature,  the  members  thereof 
shall  vote  viva  voce^  and  the  votes  shall  be  entered  on  the  journal. 

Article  V 

EXECUTIVE    DEPARTMENT 

Section  1.  The  supreme  executive  ])ower  of  this  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  the  governor  of  the 
State  of  California. 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors,  at 
the  time  and  places  of  voting  for  members  of  assembly,  and  shall 
hold  his  office  two  years  from  the  time  of  his  installation,  and  until 
his  successor  shall  be  qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  governor  (except 
at  the  first  election)  who  has  not  been  a  citizen  of  the  United  States," 
and  a  resident  of  this  State  two  years  next  preceding  the  election,  and 
attained  the  age  of  twenty-five  years  at  the  time  of  said  election. 

Sec.  4.  The  returns  of  every  election  for  go.vernor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the  speaker 
of  the  assembly,  who  shall,  during  the  first  week  of  the  session,  open 
and  publish  them  in  presence  of  both  houses  of  the  legislature.  The 
person  having  the  highest  number  of  votes  shall  be  governor;  but 
in  case  any  two  or  more  have  an  equal  and  the  highest  number  of 
votes,  the  legislature  shall,  by  a  joint  vote  of  both  houses,  choose  one 
of  said  persons,  so  having  an  equal  and  the  highest  number  of  votes, 
for  governor. 

Sec.  5.  The  governor  shall  be  commanaer-in-chief  of  the  militia, 
the  army,  and  navy  of  this  State. 

Sec.  6.  He  shall  transact  all  executive  business  with  the  officers  of 
Government,  civil  and  military,  and  may  require  information  in 
writing  from  the  officers  of  the  executive  department,  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices. 

Sec.  7.  He  shall  see  that  the  laws  are  faithfully  executed. 

Sec.  8,  When  any  office  shall,  from  any  cause  become  vacant,  and 
no  mode  is  provided  by  the  constitution  and  laws  for  filling  such 
vacancy,  the  governor  shall  have  power  to  fill  such  vacancy  by  grant- 
ing a  commission,  which  shall  expire  at  the  end  of  the  next  session  of 
the  legislature,  or  at  the  next  election  by  the  people. 

Sec.  9,  He  may,  on  extraordinary  occasions,  convene  the  legislature 
by  proclamation,  and  shall  state  to  both  houses,  when  assembled,  the 
purpose  for  which  they  shall  have  been  convened. 

Sec.  10.  He  shall  .communicate  by  message  to  the  Legislature,  at 
every  session,  the  condition  of  the  State,  and  recommend  such  matters 
as  he  shall  deem  expedient. 
7251— VOL  1—07 28 


398  California— 1849 

Sec.  11.  In  case  of  a  disagi'eement  between  the  two  houses,  with 
respect  to  the  time  of  adjournment,  the  (lovornor  shall  have  power 
to  adjourn  the  Legislature  to  such  time  as  he  may  think  proper;  pro- 
vided, it  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next 
Legislature. 

Sec.  12.  No  person  shall,  while  holding  any  office  under  the  United 
States,  or  this  State,  exercise  the  office  of  (lovernor,  except  as  herein- 
after expressly  provided. 

Sec.  13.  The  Governor  shall  have  the  power  to  grant  reprieves  and 
pardons  after  conviction,  for  all  offences  except  treason  and  cases  of 
impeachment,  upon  such  conditions,  and  with  such  restrictions  and 
Ihnitations,  as  he  may  think  proper,  subject  to  such  regulations  as 
may  be  provided  by  law  relative  to  the  manner  of  applying  for  par- 
dons. Upon  conviction  for  treason  he  shall  have  the  power  to  sus- 
pend the  execution  of  the  sentence  until  the  case  shall  be  reported  to 
the  Legislature  at  its  next  meeting,  when  the  legislature  shall  either 
pardon,  direct  the  execution  of  the  sentence,  or  grant  a  further  re- 
prieve. He  shall  communicate  to  the  Legislature,  at  the  beginning  of 
every  session,  every  case  of  reprieve  or  pardon  granted,  stating  the 
name  of  the  convict,  the  crime  of  which  he  was  convicted,  the  sen- 
tence, at  its  date,  and  the  date  of  the  pardon  or  reprieve. 

Sec.  14.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  Governor,  and  used  bv  him  officiallv,  and  shall  be  called  ''  The 
Great  Seal  of  the  State  of  California." 

Sec.  15.  All  grants  and  commissions  shall  be  in  the  name  and  by 
the  authoritv  of  the  people  of  the  State  of  California,  sealed  with  the 
great  seal  of  the  State,  signed  by  the  Governor,  and  countersigned  by 
the  Secretary  of  State. 

Sec.  16.  A  Lieutenant-Governor  shall  be  elected  at  the  same  time 
and  places  and  in  the  same  manner  as  the  Governor;  and  his  term  of 
office,  and  his  qualifications  of  eligibility  shall  also  be  the  same.  He 
shall  l)e  President  of  the  Senate,  but  shall  only  have  a  casting  vote 
therein.  If,  during  a  vacancy  of  the  office  of  Governor,  the  Lieuten- 
ant-Governor shall  be  impeached,  displaced,  resign,  die  or  become 
incapable  of  performing  the  duties  of  his  office,  or  be  absent  from  the 
State,  the  President  of  the  Senate  shall  act  as  Governor,  until  the 
vacancy  be  filled,  or  the  disability  shall  cease. 

Sec.  17.  In  case  of  the  impeachment  of  the  Governor,  or  his  re- 
moval from  office,  death,  inability  to  discharge  the  powers  and  the 
duties  of  the  said  office,  resignation,  or  absence  from  the  State,  the 
powei*s  and  duties  of  the  office  shall  devolve  upon  the  Lieutenant- 
Governor  for  the  residue  of  the  term,  or  until  the  disability  shall 
cease.  But  when  the  Governor  shall,  with  the  consent  of  the  Legis- 
lature, he  out  of  the  State  in  time  of  war,  and  at  the  head  of  any 
military  force  thereof,  he  shall  continue  commander-in-chief  of  the 
military  force  of  the  State. 

Sec.  18.  A  secretary  of  State,  a  Comptroller,  a  Treasurer,  an 
Attorney-General,  and  Surveyor-General,  shall  be  chosen  in  the  man- 
ner provided  in  this  Constitution:  and  the  term  of  office,  and  eligi- 
bility of  each  shall  be  the  same  as  are  prescribed  for  the  Governor 
and  Lieutenant-Governor. 

Sec.  19.  The  secretary  of  State  shall  be  appointed  by  the  Governor, 
by  and  with  the  advice  and  consent  of  the  Senate.    He  shall  keep  a 


California— 1849  399 

fair  record  of  the  official  acts  of  the  Legislative  and  executive  depart- 
ments of  the  Government,  and  shall,  when  required,  lay  the  same, 
and  all  matters  relative  thereto,  before  either  branch  of  the  legisla- 
ture, and  shall  perform  such  other  duties  as  shall  be  assigned  him 
by  law. 

Sec.  20.  The  comptroller,  treasurer,  attorney-general,  and  sur- 
veyor-general shall  be  chosen  by  joint  vote  of  the  two  houses  of  the 
legislature,  at  their  first  session  under  this  constitution,  and  thereafter 
shall  be  elected  at  the  same  time  and  places  and  in  the  same  manner 
as  the  governor  and  lieutenant-governor. 

Sec.  21.  The  governor,  lieutenant-governor,  secretary  of  state, 
comptroller,  treasurer,  attorney-general,  and  surveyor-general  shall 
each  at  stated  times  during  their  continuance  in  office  receiA^e  for  their 
services  a  compensation,  which  shall  not  be  increased  or  diminished 
during  the  term  for  which  they  shall  have  been  elected ;  but  neither 
of  these  officers  shall  receive  for  his  own  use  any  fees  for  the  perform- 
ance of  his  official  duties. 

Article  VI 

JUDICIAL   DEPARTMENT 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  a 
supreme  court,  in  district  courts,  in  county  courts,  and  in  justices  of 
the  peace.  The  legislature  may  also  establish  such  municipal  and 
other  inferior  courts  as  may  be  deemed  necessary. 

Sec.  2.  The  supreme  court  shall  consist  of  a  chief-justice  and  two 
associate  justices,  any  two  of  whom  shall  constitute  a  quorum. 

Sec.  8.  The  justices  of  the  supreme  court  shall  be  elected  at  the 
general  election  by  the  qualified  electors  of  the  State,  and  shall  hold 
their  office  for  tlie  term  of  six  years  from  the  1st  day  of  January 
next  after  their  election:  Provided^  That  the  legislature  shall,  at  its 
first  meeting,  elect  a  chief -justice  and  two  associate  justices  of  the 
supreme  court,  by  a  joint  vote  of  both  houses,  and  so  classify  them 
that  one  shall  go  out  of  office  every  two  years.  After  the  first  elec- 
tion the  senior  justice  in  commission  shall  be  the  chief -justice. 

Sec.  4.  The  supreme  court  shall  have  appellate  jurisdiction  in  all 
cases  when  the  matter  in  dispute  exceeds  two  hundred  dollars,  Avhen 
the  legality  of  any  tax,  toll,  or  impost,  or  municipal  fine  is  in  ques- 
tion, and  in  all  criminal  cases  amounting  to  felony  or  questions  of 
law  alone.  And  the  said  court,  and  each  of  the  justices  thereof,  as 
well  as  all  district  and  county  judges,  shall  have  power  to  issue  writs 
of  habeas  corpus  at  the  instance  of  any  person  held  in  actual  custody. 
They  shall  also  have  power  to  issue  all  other  writs  and  process  neces- 
sary to  the  exercise  of  their  appellate  jurisdiction,  and  shall  be  con- 
servators of  the  peace  throughout  the  State. 

Sec.  5.  The  State  shall  be  divided  by  the  first  legislature  into  a  con- 
venient number  of  districts,  subject  to  such  alteration  from  time  to 
time  as  the  public  good  may  require,  for  each  of  which  a  district 
judge  shall  be  appointed  by  the  joint  vote  of  the  legislature,  at  its 
1st  meeting,  who  shall  hold  his  office  for  two  years  from  the  1st  day 
of  January  next  after  his  election ;   after  which  said  judges  shall  be 


400  California— rl849 

elected  bv  the  qualified  electors  of  their  respective  districts,  at  the 
general  election,  and  shall  hold  their  office  for  the  term  of  six  years. 

Sec.  (>.  The  district  courts  shall  have  original  jurisdiction  in  law 
and  equity  in  all  civil  cast»s  where  the  amount  in  dispute  exceeds  two 
hundred  dollars,  exclusive  of  interest.  In  all  criminal  cases  not 
otherwise  provitled  for,  and  in  all  issues  of  fact  joined  in  the  probate 
courts,  their  jurisdiction  shall  be  unlimited. 

Sec.  7.  'riie  legislature  shall  provide  for  the  election  by  the  people 
of  a  clerk  of  the  supreme  court,  and  comity  clerks,  district  attorneys, 
sheriffs,  coronei-s,  and  other  necessary  officers;  and  shall  fix  by  law 
their  diities  and  compensation.  County  clerks  shall  be  ex-offfcio 
clerks  of  the  district  courts  in  and  for  tlieir  respective  counties. 

Sec.  8.  There  shall  be  elected  in  each  of  the  organized  counties  of 
this  State  one  county  judge,  who  shall  hold  his  office  for  four  years. 
He  shall  hold  the  county  court,  and  perform  the  duties  of  surrogate 
or  i)robate  judge.  The  county  judge,  with  two  justices  of  the  peace, 
to  be  designated  according  to  law,  shall  hold  courts  of  sessions,  with 
such  criminal  jurisdiction  as  the  legislature  shall  prescribe,  and  he 
shall  perform  such  other  duties  as  shall  be  required  by  law. 

Sec.  1).  The  county  courts  shall  have  such  jurisdiction  in  cases  aris 
ing  in  justices'  courts,  and  in  special  cases,  as  the  legislature  may  pre- 
scribe, but  shall  have  no  original  civil  jurisdiction,  except  in  such 
special  cases. 

Sec.  10.  The  times  and  places  of  holding  the  terms  of  the  supreme 
court,  and  the  general  an(l  special  terms  of  the  district  courts  within 
the  several  districts,  shall  be  provided  for  by  law. 

Sec.  11.  No  judicial  officer,  excepts  a  justice  of  the  peace,  shall 
receive,  to  his  own  use,  any  fees  or  perquisites  of  office. 

Sec.  12.  The  legislature  shall  provide  for  the  sjjeedy  publication  of 
all  statute  laws,  and  of  such  judicial  decisions  as  it  may  deem  expe- 
dient; and  all  laws  and  judicial  decisions  shall  be  free  for  j^ublica- 
tion  by  any  person. 

Sec.  1H.  Tribunals  for  conciliation  may  be  estal)lished,  with  siich 
powers  and  duties  as  may  be  prescribed  by  law:  but  such  tribunals 
shall  have  no  power  to  render  judgment  to  he  obligatory  on  the 
parties,  except  they  voluntarily  .submit  their  matters  in  difference,, 
and  agree  to  abide  the  judgment,  or  assent  thereto  in  the  presence  of 
such  tribunal,  in  such  cases  as  shall  be  prescriljed  by  law. 

Sec.  14.  The  legislature  shall  determine  the  number  of  justices  of 
the  peace,  to  be  elected  in  each  county,  city,  town,  and  incorporated 
village  of  the  State,  and  fix  by  law  their  powers,  duties,  and  resj)on- 
sibilities.  It  shall  also  determine  in  what  cases  appeals  may  be  made 
from  justices'  courts  to  the  county  court. 

.  Sec.  IT).  The  justices  of  the  supreme  court,  and  judges  of  the  dis- 
trict court,  shall  severally,  at  stated  times  during  their  continuance 
in  office,  receive  for  their  services  a  compensation,  to  be  paid  out  of 
the  treasury,  which  shall  not  loe  increased  or  diminished  during  the 
term  for  which  they  shall  have  been  elected.  The  county  judges 
shall  also  severally,  at  stated  times,  receive  for  their  s(»rvices  a  com- 
pensation to  be  paid  out  of  the  county  treasury  of  their  respective 
counties,  which  shall  not  be  increased  or  diminished  during  the  term 
for  which  tliev  shall  have  been  elected. 


California— 1849  401 

Sec.  16.  The  justices  of  the  supreme  court  and  district  judges 
shall  be  ineligible  to  any  other  office,  during  the  term  for  which  they 
shall  have  been  elected. 

Sec.  17.  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

Sec.  18.  The  style  of  all  process  shall  be,  "  The  People  of  the  State 
of  California;  "  all  the  prosecutions  shall  be  conducted  in  the  name 
and  by  the  authority  of  the  same. 

Article  VII 

MILITIA 

Section  1.  The  legislature  shall  provide  by  law  for  organizing 
and  disciplining  the  militia,  in  such  manner  as  they  shall  deem  ex- 
pedient, not  incompatible  with  the  Constitution  and  laws  of  the 
United  States. 

Sec.  2.  Officers  of  the  militia  shall  be  elected,  or  appointed,  in 
such  a  manner  as  the  legislature  shall  from  time  to  time  direct,  and 
shall  be  commissioned  by  the  governor. 

Sec.  3.  The  governor  shall  have  power  to  call  forth  the  militia,  to 
execute  the  laws  of  the  State,  to  suppress  insurrections,  and  repel 
invasions. 

Article  VIII 

STATE   DEBTS 

The  legislature  shall  not  in  any  manner  create  any  debt  or  debts, 
lability  or  liabilities,  which  shall  singly,  or  in  the  aggregate,  with 
any  previous  debts  or  liabilities,  exceed  the  sum  of  three  hundred 
thousand  dollars,  except  in  case  of  war,  to  repel  invasion  or  sup- 
press insurrection,  unless  the  same  shall  be  authorized  by  some  law 
for  some  single  object  or  work,  to  be  distinctly  specified  therein, 
which  law  shall  provide  ways  and  means,  exclusive  of  loans,  for  the 
payment  of  the  interest  of  such  debt  or  liability,  as  it  falls  due,  and 
also  pay  and  discharge  the  principal  of  such  debt  or  liability  within 
twenty  years  from  the  time  of  the  contracting  thereof,  and  shall  be 
irrepealable  until  the  principal  and  interest  thereon  shall  be  paid 
and  discharged;  but  no  such  law  shall  take  effect  until,  at  a  general 
election,  it  shall  have  been  submitted  to  the  people,  and  have  received 
a  majority  of  all  the  votes  cast  for  and  against  it  at  such  election; 
and  all  money  raised  by  authority  of  such  law  shall  be  applied  only 
to  the  specific  object  therein  stated,  or  to  the  payment  or  the  debt 
thereby  created ;  and  such  law  shall  be  published  in  at  least  one  news- 
paper in  each  judicial  district,  if  one  be  published  therein,  through- 
out the  State,  for  three  months  next  preceding  the  election  at  which 
it  is  submitted  to  the  people. 


402  California— 1849 

Akticle  IX 

EDUCATION 

Section  1.  The  legislature  shall  provide  for  the  election,  bj'^  the 
people,  of  a  superintendent  of  public  instruction,  who  shall  hold  his 
office  for  three  years,  and  whose  duties  shall  be  prescribed  by  law, 
and  who  shall  receive  such  compensation  as  the  legislature  may  direct. 

Sec.  2.  The  legislature  shall  encourage,  by  all  suitable  means,  the 
promotion  of  intellectual,  scientific,  moral,  and  agricultural  improve- 
ment. The  proceeds  of  all  land  that  may  be  granted  by  the  United 
States  to  this  State  for  the  support  of  scliools,  which  may  be  sold  or 
disposed  of,  and  the  five  hundred  thousand  acres  of  land  granted  to 
the  new  States,  under  an  act  of  Congress,  distributing  the  proceeds  of 
the  public  lands  among  the  several  States  of  the  Union,  approved 
A.  D.  1841,  and  all  estate  of  deceased  persons  who  may  have  died 
without  leaving  a  will,  or  heir,  and  also  such  per  cent,  as  may  be 
granted  by  Congress  on  the  sale  of  lands  in  this  State,  shall  be  and 
remain  a  perpetual  fund,  the  interest  of  which,  together  with  all  the 
rents  of  the  unsold  lands,  and  such  other  means  as  the  legislature  may 
provide,  shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  State. 

Sec.  3.  The  legislature  shall  provide  for  a  system  of  common 
schools,  by  which  a  school  shall  be  kept  up  and  supported  in  each 
district  at  least  three  months  in  every  year,  and  any  district  neglect- 
ing to  keep  and  support  such  a  school  may  be  deprived  of  its  pro- 
portion of  the  interest  of  the  public  fund  during  such  neglect. 

Sec.  4.  The  legislature  shall  take  measures  for  the  protection,  im- 
provement, or  other  disposition  of  such  lands  as  have  been,  or  may 
hereafter  be  reserved  or  granted  by  the  United  States  or  any  person 
or  persons,  to  the  State  for  the  use  of  the  university ;  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other 
source  for  the  purpose  aforesaid,  shall  be  and  remain  a  permanent 
fund,  the  interest  of  which  shall  be  applied  to  the  support  of  said 
university,  with  such  branches  as  the  public  convenience  may  demand 
for  the  promotion  of  literature,  the  arts  and  sciences,  as  may  be 
authorized  by  the  terms  of  such  grant.  And  it  shall  be  the  duty  of 
the  legislature,  as  soon  as  may  be,  to  provide  eifectual  means  for  the 
improvement  and  permanent  security  of  the  funds  of  said  university. 

Article  X 
mode  of  amending  and  revising  the  constitution 

Section  1.  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  the  senate  or  assembly;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered  on 
their  journals,  with  the  yeas  and  nays  taken  thereon,  and  referred  to 
the  legislature  then  next  to  be  chosen,  and  shall  be  published  for  three 
months  next  preceding  the  time  of  making  such  choice.  And  if,  in 
the  legislature  next  chosen  as  aforesaid,  such  proposed  amendment  or 
amendments  shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the  legislature  to 


California— 1849  403 

submit  such  proposed  amendment  or  amendments  to  the  people  in 
such  manner  and  at  such  time  as  the  legislature  shall  f>rescribe;  and 
if  the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments by  a  majority  of  the  electors  qualified  to  vote  for  members  of 
the  legislature,  voting  thereon,  such  amendment  or  amendments,  shall 
become  part  of  the  Constitution. 

Sec.  2.  And  if,  at  any  time  two-thirds  of  the  senate  and  assembly 
shall  think  it  necessary  to  revise  and  change  this  entire  constitution, 
they  shall  recommend  to  the  electors,  at  the  next  election  for  members 
of  the  legislature,  to  vote  for  or  against  the  convention ;  and  if  it  shall 
appear  that  a  majority  of  the  electors  voting  at  such  election  have 
voted  in  favor  of  calling  a  convention,  the  legislature  shall,  at  its  next 
session,  provide  by  law  for  calling  a  convention,  to  be  holden  within 
six  months  after  the  passage  of  such  law ;  and  such  convention  shall 
consist  of  a  number  of  members  not  less  than  that  of  both  branches  otr. 
the  legislature. 

Article  XI 

MISCELLANEOUS    PROVISIONS 

Section  1.  The  first  session  of  the  legislature  shall  be  held  at  the 
Pueblo  de  San  Jose ;  which  place  shall  be  the  permanent  seat  of  gov- 
ernment until  removed  by  law:  Provided^  however^  That  two- thirds 
of  all  the  members  elected  to  each  house  of  the  legislature  shall  concur 
in  the  passage  of  such  law. 

Sec.  2.  Any  citizen  of  this  State  who  shall,  after  the  adoption  of 
this  constitution,  fight  a  duel  with  deadly  weapons,  or  send,  or  accept 
a  challenge  to  fight  a  duel  with  deadly  weapons,  either  within  this 
State  or  out  of  it;  or  who  shall  act  as  second,  or  knowingly  aid  or 
assist  in  any  manner  those  thus  offending,  shall  not  be  allowed  to  hold 
any  office  of  profit,  or  to  enjoy  the  right  of  suffrage  under  this  con- 
stitution. 

Sec.  3.  Members  of  the  legislature,  and  all  officers,  executive  and 
judicial,  except  such  inferior  officers  and  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation : 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  constitution  of 
the  State  of  California,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of ,  according  to  the  best  bf  my  ability." 

And  no  other  oath,  declaration,  or  test,  shall  be  required  as  a  qual- 
ification for  any  office  or  public  trust. 

Sec.  4.  The  legislature  shall  establish  a  system  of  county  and  town 
governments,  which  shall  be  as  nearly  uniform  as  practicable  through- 
out the  State. 

Sec.  5.  The  legislature  shall  have  power  to  provide  for  the  election 
of  a  board  of  supervisors  in  each  county ;  and  these  supervisors  shall 
jointly  and  individually  perform  such  duties  as  may  be  prescribed  by  . 
law. 

Sec.  6.  All  officers  whose  election  or  appointment  is  not  provided 
for  by  this  constitution,  and  all  officers  whose  offices  may  hereafter  be 
created  by  law,  shall  be  elected  by  the  people,  or  appointed  as  the 
legislature  may  direct. 


404  California— 1849 

Sec.  7.  "When  the  duration  of  any  office  is  not  provided  for  by  this 
Constitution,  it  may  be  deehired  by  hiw,  and  if  not  so  dechired,  such 
office  shall  l)e  held  during  the  pleasure  of  the  authority  niakin<i!^  the 
appointment;  nor  shall  the  duration  of  any  office  not  fixed  by  this 
constitution  ever  excee<l  four  years. 

Sec.  8.  The  fiscal  year  shall  conunence  on  the  1st  day  of  July. 

Sec.  J).  Each  county,  town,  city,  and  incorporated  village,  shall 
make  provision  for  the  sjipport  of  its  own  officers,  subject  to  such 
restrictions  and  regulations  as  the  le<rislature  may  prescribe. 

Sec.  10.  The  credit  of  the  State  shall  not,  in  any  n)anner.  be  jriven  or 
loaned  to  or  in  aid  of  any  individual,  association,  or  corporation;  nor 
shall  the  State  directlv  or  indirectly  become  a  stockholder  in  any 
as.sociation  or  corporation. 

Sec.  11.  Suits  nuiy  be  broug:ht  against  the  State  in  such  manner, 
•and  in  such  courts,  as  shall  be  directed  by  law. 

Sec.  12.  No  contract  of  marriage,  if  otherwise  diilv  made,  .shall  be 
invalidated  for  want  of  conformity  to  the  requirements  of  any  relig- 
ious sect. 

Sec,  13.  Taxation  .shall  be  equal  and  uniform  throughout  the  State. 
All  property  in  this  State  shall  be  taxed  in  proportion  to  its  value,  to 
be  a.scertained  as  directed  by  law ;  but  assessors  and  collectors  of  town, 
county,  and  State  taxes  shall  be  elected  by  the  (lualified  electors  of 
the  district,  county,  or  town  in  which  the  property  taxed  for  State, 
county,  or  town  purposes  is  situated. 

Sec.  14.  All  proijerty,  both  real  and  personal,  of  the  wife,  owned  or 
claimed  by  marriage,  and  that  acquired  afterwards  by  gift,  devise,  or 
descent,  shall  be  her  separate  property ;  and  laws  shall  be  passed  more 
clearly  defining  the  rights  of  the  wife,  in  relation  as  well  to  her  sejm- 
rate  property,  as  to  that  held  in  common  with  her  husband.  Laws 
shall  also  be  passed  providing  for  the  registration  of  the  wife's  sepa- 
rate property. 

Sec.  15.  The  legislature  shall  protect  by  law  from  forced  sale  a  cer- 
tain portion  of  the  homestead  and  other  property  of  all  heads  of 
families. 

Sec.  16.  Xo  perpetuities  shall  l)e  allowed,  e.xcept  for  eleemosynary 
purposes. 

Sec.  17.  Every  person  shall  l)e  disqualified  from  holding  any  office 
of  profit  in  this  State  who  shall  have  been  convicted  of  having  given 
or  offered  a  bribe  to  jjiociirc  his  election  or  appointment. 

Sec.  is.  Laws  shall  be  made  to  exclude  from  office,  serving  on 
juries,  and  from  the  right  of  suifrage.  those  who  shall  hereafter  be 
convicted  of  bril)ery,  perjury,  forgery,  or  other  high  crimes.  The 
privilege  of  free  suffrage  shall  be  supported  by  laws  legulating  elec- 
tions, and  j)rohibiting.  under  ade(iuate  penalties,  all  undue  influence 
thereon  from  power,  bribery,  tumult,  or  other  improper  practice. 

Sec.  10.  Absence  from  the  State  on  business  of  the  State  or  of  the 
United  States  shall  not  affect  the  question  of  residence  of  any  person. 

Sec.  20.  A  plurality  of  the  votes  given  at  an  election  shall  consti- 
tute a  choice,  where  not  otherwise  directed  in  this  constitution. 

Sec.  21.  All  laws,  decrees,  regulations,  and  provisions,  which  from 
their  nature  require  publication,  shall  be  publi.shed  in  English  and 
Spanish. 


California— 1849  405 

Article  XII 

BOUNDARY 

The  boundary  of  the  State  of  California  shall  be  as  follows : 
Commencing  at  the  point  of  intersection  of  forty-second  degree  of 
north  latitude  with  the  one  hundred  and  twentieth  degree  of  longi- 
tude west  from  Greenwich,  and  running  south  on  the  line  of  said  one 
hundred  and  twentieth  degree  of  w^est  longitude  until  it  intersects  the 
thirty-ninth  degree  of  north  latitude;  thence  running  in  a  straight 
line  in  a  southeasterly  direction  to  the  river  Colorado,  at  a  point 
where  it  intersects  the  thirty-fifth  degree  of  north  latitude;  thence 
down  the  middle  of  the  channel  of  said  river  to  the  boundary-line 
between  the  United  States  and  Mexico,  as  established  by  the  treaty  of 
May  30,  1848;  thence  running  west  and  along  said  boundary-line  to 
the  Pacific  Ocean,  and  extending  therein  three  English  miles ;  thence 
running  in  a  northwesterly  direction,  and  following  the  direction  of 
the  Pacific  coast,  to  the  forty-second  degree  of  north  latitude ;  thence 
on  the  line  of  said  forty-second  degree  of  north  latitude  to  the  place 
of  beginning.  Also  all  the  islands,  harbors,  and  bays  along  and  adja- 
cent to  the  Pacific  coast. 

Schedule 

Section  1.  All  rights,  prosecutions,  claims,  and  contracts,  as  well 
of  individuals  as  of  bodies-corporate,  and  all  laws  in  force  at  the  time 
of  the  adoption  of  this  constitution,  and  not  inconsistent  therewith, 
until  altered  or  repealed  by  the  legislature,  shall  continue  as  if  the 
same  had  not  been  adopted.  • 

Sec.  2.  The  legislature  shall  provide  for  the  removal  of  all  causes 
which  may  be  pending  when  this  constitution  goes  into  effect  to  courts 
created  by  the  same. 

Sec.  3.  In  order  that  no  inconvenience  may  result  to  the  public 
service  from  the  taking  effect  of  this  constitution,  no  office  shall  be 
superseded  thereby,  nor  the  laws  relative  to  the  duties  of  the  several 
officers  be  changed,  until  the  entering  into  office  of  the  new  officers  to 
be  appointed  under  this  constitution. 

Sec.  4.  The  provisions  of  this  constitution  concerning  the  term  of 
residence  necessary  to  enable  persons  to  hold  certain  offices  therein 
mentioned,  shall  not  be  held  to  apj)ly  to  officers  chosen  by  the  people 
at  the  first  election,  or  by  the  legislature  at  its  first  session. 

Sec.  5.  P^very  citizen  of  California,  declared  a  legal  voter  by  this 
constitution,  and  every  citizen  of  the  United  States,  a  resident  of 
this  State  on  the  day  of  election,  shall  be  entitled  to  vote  at  the  first 
general  election  under  this  constitution,  and  on  the  question  of  the 
adoption  thereof. 

Sec.  G.  This  constitution  shall  be  submitted  to  the  people,  for 
their  ratification  or  rejection,  at  the  general  election  to  be  held  on 
Tuesday,  the  13th  dav  of  November  next.  The  executive  of  the 
existing  government  ot  California  is  hereby  requested  to  issue  a  proc- 
lamation to  the  people,  directing  the  prefects  of  the  several  districts, 
or  in  case  of  vacancy,  the  sub-prefects,  or  senior  judge  of  first 
instance,  to  cause  such  election  to  be  held,  the  day  aforesaid,  in  the 
respective  districts.     The  election  shall  be  conducted  in  the  manner 


406  Calif(ymia—1849 

which  was  prescribed  for  the  election  of  delegates  to  this  convention, 
except  that  the  prefect,  sub-prefect,  or  senior  judge  of  first  instance 
ordering  such  election  in  each  district,  shall  have  power  to  designate 
any  additional  number  of  places  for  opening  the  polls,  and  that,  in 
every  place  of  holding  the  election,  a  regular  poll-list  shall  l^e  kept  by 
the  judges  and  inspectors  of  election.  It  shall  also  be  the  duty  of 
these  judges  and  inspectors  of  election,  on  the  day  aforesaid,  to 
receive  the  votes  of  the  electors  qualified  to  vote  at  such  election. 
Each  voter  shall  express  his  opinion,  by  depositing  in  the  ballot-box  a 
ticket,  whereon  shall  he  written,  or  printed  "  For  the  constitution," 
or  "Against  the  constitution,"  or  some  such  words  as  will  distinctly 
convey  the  intention  of  the  voter.  These  judges  and  inspectors  shall 
also  receive  the  votes  for  the  several  officers  to  be  voted  for  at  the  said 
election  as  herein  provided.  At  the  close  of  the  election,  the  judges 
and  inspectors  shall  carefully  count  each  ballot,  and  forthwith  make 
duplicate  returns  thereof  to  the  prefect,  sub-prefect,  or  senior  judge 
of  first  instance, as  the  case  may  l)e, of  their  respective  districts;  and 
said  prefect,  sub-prefect,  or  senior  judge  of  first  instance  shall  trans- 
mit one  of  the  same,  by  the  most  safe  and  rapid  conveyance,  to  the 
secretary  of  state.  Upon  the  receipt  of  said  returns,  or  on  the  10th  day 
of  December  next,  it  the  returns  be  not  sooner  received,  it  shall  be 
the  duty  of  a  board  of  canvassers,  to  consist  of  the  secretary  of  state, 
one  of  the  judges  of  the  superior  court,  the  prefect,  judge  of  first 
instance,  and  an  alcalde  of  the  district  of  Monterey,  or  any  three  of 
the  aforementioned  officers,  in  the  presence  of  all  who  shall  choose 
to  attend,  to  compare  the  votes  given  at  said  election,  and  to  imme- 
diately publish  an  abstract  of  the  same  in  one  or  more  of  the  news- 
papers of  California.  *  And  the  executive  will  also  immediately  after 
ascertaining  that  the  constitution  has  been  ratified  by  the  people,  make 
proclamation  of  the  fact;  and  thenceforth  this  constitution  shall  be 
ordained  and  established  as  the  constitution  of  California. 

Sec.  7.  If  this  constitution  shall  be  ratified  by  the  people  of  Cali- 
fornia, the  executive  of  the  existing  government  is  hereby  requested 
immediately  after  the  same  shall  be  ascertained,  in  the  manner  herein 
directed,  to  cause  a  fair  copy  thereof  to  be  forwarded  to  the  Presi- 
dent of  the  United  States,  in  order  that  he  may  lay  it  l^efore  the 
Congress  of  the  United  States. 

Sec.  8.  At  the  general  election  aforesaid,  viz,  the  thirteenth  day  of 
November  next,  there  shall  be  elected  a  governor,  lieutenant-governor, 
members  of  the  legislature,  and  also  two  members  of  Congress. 

Sec.  9.  If  this  constitution  shall  be  ratified  by  the  people  of  Cali- 
fornia, the  legislature  shall  assemble  at  the  seat  of  government  on 
the  fifteenth  day  of  December  next,  and  in  order  to  complete  the 
organization  of  that  body,  the  senate  shall  elect  a  president  pro 
tempore^  until  the  lieutenant-governor  shall  be  installed  into  office. 

Sec.  10.  On  the  organization  of  the  legislature,  it  shall  be  the  duty 
of  the  secretary  of  state,  to  lay  l)efore  each  house,  a  cojn'  of  the 
abstract  made  by  the  board  of  canvassers,  and  if  called  for,  the 
original  returns  of  election,  in  order  that  each  house  may  judge  of  the 
correctness  of  the  report  of  said  board  of  canvassers. 

Sec.  11.  The  legislature,  at  its  first  session,  shall  elect  such  officers 
as  may  be  ordered  by  this  constitution,  to  be  elected  by  that  body, 
and  within  four  days  after  its  organization,  proceed  to  elect  two 


California— 1849  407 

Senators  to  the  Congress  of  the  United  States.  But  no  law  passed 
by  this  legislature  shall  take  effect  until  signed  by  the.  governor  after 
his  installation  into  office. 

Sec.  12.  The  Senators  and  Representatives  to  the  Congress  of  the 
United  States,  elected  by  the  legislature  and  people  of  California  as 
herein  directed,  shall  be  furnished  with  certified  copies  of  this  con- 
stitution when  ratified,  which  they  shall  lay  before  the  Congress  of 
the  United  States,  requesting,  in  the  name  of  the  people  of  California, 
the  admission  of  the  State  of  California  into  the  American  Union. 

Sec.  13.  All  officers  of  this  State,  other  than  members  of  the  legis- 
lature, shall  be  installed  into  office  on  the  15th  day  of  December  next, 
or  as  soon  thereafter  as  practicable. 

Sec.  14.  Until  the  legislature  shall  divide  the  State  into  counties, 
and  senatorial  and  assembly  districts,  as  directed  in  this  constitution, 
the  following  shall  be  the  apportionment  of  the  two  houses  of  the 
legislature,  viz:  the  districts  of  San  Diego  and  Los  Angeles  shall 
jointly  elect  two  senators;  the  districts  of  Santa  Barbara  and  San 
Luis  Obispo  shall  jointly  elect  one  senator;  the  district  of  Monterey, 
one  senator;  the  district  of  San  Jose,  one  senator;  the  district  of 
San  Francisco,  two  senators;  the  district  of  Sonoma,  one  senator; 
the  district  of  Sacramento,  four  senators;  and  the  district  of  San 
Joaquin,  four  senators.  And  the  district  of  San  Diego  shall  elect  one 
member  of  assembly;  the  district  of  Los  Angeles,  two  members  of 
assembly;  the  district  of  Santa  Barbara,  two  members  of  assembly; 
the  district  of  San  Luis  Obispo,  one  member  of  assembly ;  the  district 
of  Monterey,  two  members  of  assembly;  the  district  of  San  Jose, 
three  members  of  assembly ;  the  district  of  San  Francisco,  five  mem- 
bers of  assembly ;  the  district  of  Sonoma,  two  members  of  assembly ; 
the  district  of  Sacramento,  nine  members  of  assembly;  and  the  dis- 
trict of  San  Joaquin,  nine  members  of  assembly. 

Sec.  15.  Until  the  legislature  shall  otherwise  direct,  in  accordance 
with  the  provisions  of  this  constitution,  the  salary  of  the  governor 
shall  be  ten  thousand  dollars  per  annum;  and  the  salary  of  the  lieu- 
tenant-governor shall  be  double  the  pay  of  a  State  senator;  and  the 
pay  of  members  of  the  legislature  shall  be  sixteen  dollars  per  diem 
while  in  attendance,  and  sixteen  dollars  for  every  twenty  miles  travel 
by  the  usual  route  from  their  residences  to  the  place  of  holding  the 
Sfession  of  the  legislature,  and  in  returning  therefrom.  And  the  legis- 
lature shall  fix  the  salaries  of  all  officers,  other  than  those  elected  by 
the  people  at  the  first  election. 

Sec.  16.  The  limitation  of  the  powers  of  the  legislature,  contained 
in  article  eighth  of  this  constitution,  shall  not  extend  to  the  first 
legislature  elected  under  the  same,  which  is  hereby  authorized  to 
negotiate  for  such  amount  as  may  be  necessary  to  pay  the  expenses 
of  the  State  government. 

R.  Semple,  President. 

Wm.  G.  Marcy,  Secretary. 


408  Calvf(Ymin—1862 


AMENDMENTS  TO  THE  CONSTITTJTION  OF  1849- 
(KHtifled  Septeniljer  :\,  \m'l) 

Strike  out  the  following-nained  sections  and  in  lien  thereof  insert: 

Akt.  IV.  Sec.  2.  The  sessions  of  the  Legishiture  shall  Ije  biennial, 
and  shall  commence  on  the  fii'st  Monday  of  December  next  ensuing  the 
election  of  its  members,  unless  the  Ciovernor  of  the  State  shall  in  the 
interim,  convene  the  Ix'gislature  by  proclamation.  Xo  se.ssion  shall 
continue  longer  than  one  hundred  and  twenty  days. 

Skc.  3.  The  members  of  the  Assembly  shall  be  chosen  biennially, 
by  the  qualified  electors  of  their  respective  districts,  on  the  first  AVed- 
nesday  iii  September,  unless  otherwise  ordered  by  the  legislature, 
and  their  term  of  office  shall  be  two  years. 

Sec.  T).  Senators  shall  l>e  chosen  for  the  term  of  four  years,  at  the 
same  time  and  places  as  members  of  Assembly;  and  no  pei'son  shall 
be  a  meml>er  of  the  Senate,  or  Assembly,  who  has  not  been  a  citizen 
and  inhabitant  of  the  State,  and  of  the  county  or  district  for  which 
he  shall  ha  chosen,  one  year  next  before  his  election. 

Sec.  6.  The  numlxu'  of  Senators  shall  not  be  less  than  one  third, 
nor  more  than  one-half,  of  the  members  of  the  xVssembly;  and  at  the 
first  session  of  the  I^egislature  after  this  section  takes  effect,  the  Sen- 
ators shall  he  divided  by  lot,  as  equally  as  may  be,  into  two  classes. 
The  seats  of  the  Senatoi*s  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  second  year,  so  that  one-half  shall  be  chosen  bien- 
nially. 

Sec.  30.  When  a  Congressional,  Senatorial,  or  Assembly  District 
shall  be  composed  of  two  or  more  counties,  it  shall  not  be  separated 
by  any  county  belonging  to  another  district.  Xo  county  shall  be 
divided,  in  forming  a  Congressional,  Senatorial,  or  Assembly  Dis- 
trict, so  as  to  attach  one  portion  of  a  county  to  another  county;  but 
the  Ix'gislature  may  divide  each  county  into  as  many  Congressional, 
Senatorial,  or  Assembly  Districts  as  such  county  may  by  apportion- 
ment be  entitled  to. 

Sec.  30.  In  order  that  no  inconvenience  may  result  to  the  public 
service  from  the  taking  effect  of  the  amendments  proposed  to  Article 
Four  by  the  legislature  of  eighteen  hundred  and  sixty-one,  no  officer 
shall  be  suspeniled  or  superseded  thereby,  until  the  election  and  quali- 
fication of  the  several  officers  provided  for  in  said  amendments. 

Art.  V.  Sec.  2.  The  Governor  shall  l)e  elected  by  the  qualified 
electors,  at  the  time  and  places  for  voting  for  members  of  the  assem- 
bly, and  shall  hold  his  office  four  years  from  and  after  the  first  Mon- 
day in  December  subsequent  to  his  election,  and  until  his  successor 
is  elected  and  qualified. 

Sec.  18.  A  secretary  of  state,  a  comptroller,  a  treasurer,  an  attorney- 
general,  and  a  surveyor-general  shall  be  elected  at  the  same  time  aiid 
places,  and  in  the  same  maimer,  as  the  governor  and  lieutenant- 
governor,  and  whose  term  of  office  shall  be  the  same  as  the  governor. 

Sec.  19.  The  secretary  of  state  shall  keep  a  fair  record  of  the  official 
acts  of  the  legislative  and  executive  departments  of  the  government, 
and  shall,  when  required,  lay  the  same,  and  all  matters  relative 

"These  amendments,  jirepjired  by  the  legislattire  In  1861,  approved  bj-  the 
legishiture  of  1802.  iiikI  nitlfie<l  by  the  iieople. 


California— 1862  409 

thereto,  before  either  branch  of  the  legislature,  and  shall  perform  such 
other  duties  as  may  be  assigned  him  by  law ;  and  in  order  that  no 
inconvenience  may  result  to  the  public  service,  from  the  taking  effect 
of  the  amendments  proposed  to  said  article  five  by  the  legislature  of 
1801,  no  officer  shall  be  superseded  or  suspended  thereby,  until  the 
election  and  qualification  of  the  several  officers  provided  for  in  said 
amendments. 

Art.  VI.  Section  1.  The  judicial  power  of  this  State  shall  be 
vested  in  a  supreme  court,  in  district  courts,  in  county  courts,  in 
probate  courts,  and  in  justices  of  the  peace,  and  in  such  recorders 
and  other  inferior  courts  as  the  legislature  may  establish  in  any  incor- 
porated city  or  town. 

Sec.  2.  The  supreme  court  shall  consist  of  a  chief  justice  and  four 
associate  justices.  The  presence  of  three  justices  shall  be  necessary 
for  the  transaction  of  business,  excepting  such  business  as  may  be 
done  at  chambers,  and  the  concurrence  of  three  justices  shall  be  neces- 
sary to  pronounce  a  judgment. 

Sec.  8.  The  justices  of  the  supreme  court  shall  be  elected  by  the 
qualified  electors  of  the  State  at  special  elections  to  be  provided  by 
law,  at  which  elections  no  officer  other  than  judicial  shall  be  elected, 
except  a  superintendent  of  public  instruction.  The  first  election  for 
justices  of  the  supreme  court  shall  be  held  in  the  j^ear  18G3.  The 
justices  shall  hold  their  offices  for  the  term  of  ten  years  from  the  1st 
day  of  January  next  after  their  election,  except  those  elected  at  the 
first  election,  who,  at  their  first  meeting,  shall  so  classify  themselves 
by  lot  that  one  justice  shall  go  out  of  office  every  two  years.  The 
justice  having  the  shortest  term  to  serve  shall  be  the  chief  justice. 

Sec.  -t.  The  supreme  court  shall  have  appellate  jurisdiction  in  all 
cases  in  equity ;  also,  in  all  cases  at  law  which  involve  the  title  or 
possession  of  real  estate,  or  the  legality  of  any  tax,  impost,  assess- 
ment, toll,  or  municipal  fine,  or  in  which  the  demand,  exclusive  of 
interest,  or  the  value  of  the  property  in  controversy,  amounts  to 
three  hundred  dollars;  also,  in  all  cases  arising  in  the  probate  courts; 
and  also,  in  all  criminal  cases  amounting  to  felony,  on  questions  of 
law  alone.  The  court  shall  also  have  power  to  issue  writs  of  man- 
damus,  certiorcm.,  prohibition,  and  habeas  corpun,  and  also  all  writs 
necessary  or  proper  to  the  complete  exercise  of  its  appellate  juris- 
diction. Each  of  the  justices  shall  have  power  to  issue  writs  of 
habeas  corpvs  to  any  part  of  the  State,  upon  petition  on  behalf  of 
any  person  held  in  actual  custody,  and  may  make  such  writs  return- 
able before  himself,  or  the  supreme  court,  or  before  any  district 
court,  or  any  county  court  in  the  State,  or  before  any  judge  of  said 
courts. 

Sec.  5.  The  State  shall  be  divided  by  the  legislature  of  1863  into 
fourteen  judicial  districts,  subject  to  such  alteration  from  time  to 
time,  by  a  two-thirds  vote  of  all  the  members  elected  to  both  houses,  as 
the  public  good  may  require;  in  each  of  which  there  shall  be  a  district 
court,  and  for  each  of  which  a  district  judge  shall  be  elected  by  the 
qualified  electors  of  the  district,  at  the  special  judicial  elections  to  be 
held  as  provided  for  the  election  of  justices  of  the  supreme  court,  by 
section  three  of  this  article.  The  district  judges  shall  hold  their  offices 
for  the  term  of  six  vears  from  the  1st  day  of  Janiuiry  next  after  their 
election.     The  legislature  shall  have  no  power  to  grant  leave  of 


410  California— 1862 

absence  to  a  judicial  officer,  and  any  such  officer  who  shall  absent  him- 
self from  the  State  for  upwards  of  thirty  consecutive  days  shall  be 
deemed  to  have  forfeited  his  office. 

Sec.  6.  The  district  courts  shall  have  original  jurisdiction  in  all 
cases  in  equity;  also,  in  all  cases  at  law  which  involve  the  title  or 
possession  of  real  j)roperty,  or  the  legality  of  any  tax,  impost,  assess- 
ment, toll,  or  municipal  fine,  and  in  all  other  cases  in  which  the 
demand,  exclusive  of  interest  or  the  value  of  the  property  in  contro- 
versy, amounts  to  three  hundred  dollars;  and  also  in  all  criminal 
cases  not  otherwise  provided  for.  The  district  courts  and  their 
judges  shall  have  power  to  issue  writs  of  habeas  corpus^  on  petition 
by  or  on  behalf  of  any  person  held  in  actual  custody  in  their  respec- 
tive districts. 

Sec.  7.  There  shall  be  in  each  of  the  organized  counties  of  the 
State,  a  county  court,  for  each  of  which  a  county  judge  shall  be 
elected  by  the  qualified  electors  of  the  county,  at  the  special  judicial 
elections  to  Ixi  held  as  provided  for  the  election  of  justices  of  the 
supreme  court  by  section  three  of  this  article.  The  county  judges 
shall  hold  their  offices  for  the  term  of  four  years  from  the  first  day  of 
January  next  after  their  election.  Said  courts  shall  also  have  power 
to  issue  naturalization-papers.  In  the  city  and  county  or  San 
Francisco,  the  legislature  may  separate  the  office  of  probate  judge 
from  that  of  county  judge,  and  may  provide  for  the  election  of  a 
probate  judge,  who  shall  hold  his  office  for  the  term  of  four  years. 

Sec.  8.  The  county  courts  shall  have  original  jurisdiction  of  actions 
of  forcible  entry  and  detainer,  of  proceedings  in  insolvency,  of  actions 
to  prevent  or  abate  a  nuisance,  and  of  all  such  special  cases  and 
proceedings  as  are  not  otherwise  provided  for ;  and  also  such  criminal 
jurisdiction  as  the  legislature  may  prescribe;  they  shall  also  have 
appellate  jurisdiction  in  all  cases  arising  in  courts  held  by  justices  of 
the  peace  and  recorders,  and  in  such  inferior  courts  as  ma}^  be  estab- 
lished, in  pui-suance  of  section  one  of  this  article,  in  their  respective 
counties.  The  county  judges  shall  also  hold  in  their  several  counties 
probate  courts,  and  perform  such  duties  as  probate  judges  as  may  be 

Prescribed  by  law.  The  county  courts  and  their  judges  shall  also 
ave  power  to  issue  writs  of  habeas  covpus^  on  petition  by  or  on  behalf 
of  any  person  in  actual  custody  in  their  respective  counties. 

Sec.  9.  The  legislature  shall  determine  the  number  of  justices  of 
the  peace  to  l)e  elected  in  each  city  and  township  of  the  State,  and 
fix  by  law  their  powei*s,  duties,  and  responsibilities;  Provided^  Such 
powers  shall  not  in  any  case  trench  upon  the  jurisdiction  of  the 
several  courts  of  record.  The  supreme  court,  the  district  courts, 
county  courts,  the  probate  courts,  and  such  other  courts  as  the  legis- 
lature shall  prescritx',  shall  be  courts  of  record. 

Sec.  10.  The  legislature  shall  fix  by  law  the  jurisdiction  of  any 
recorders  or  other  inferior  municipal  court  which  may  be  established 
in  pursuance  of  section  one  of  this  article,  and  shall  fix  by  law  the 
powers,  duties,  and  responsibilities  of  the  judges  thereof. 

Sec.  11.  The  legislature  shall  provide  for  the  election  of  a  clerk  of 
the  supreme  court,  county  clerks,  district  attorneys,  sheriffs,  and 
other  necessary  officers,  and  shall  fix  by  law  their  duties  and  com- 
pensation. County  clerks  shall  ha  ex-oificio  clerks  of  the  courts  of 
record  in  and  for  their  respective  counties.     The  legislature  may 


California— 1862  411 

also  provide  for  the  appointment  by  the  several  district  courts  of  one 
or  more  commissioners  in  the  several  counties  of  their  respective  dis- 
tricts, with  authority  to  perform  chamber  business  of  the  judges  of 
the  district  courts  and  county  courts,  and  also  to  take  depositions, 
and  to  perform  such  other  business  connected  with  the  administration 
of  justice  as  may  be  prescribed  by  law. 

Sec.  12.  The  times  and  places  of  holding  the  terms  of  the  several 
courts  of  record  shall  be  provided  for  by  law. 

Sec.  13.  No  judicial  officer,  except  justices  of  the  peace,  recorders, 
and  commissioners,  shall  receive  to  his  own  use  any  fees  or  perquisites 
of  office. 

Sec.  14.  The  legislature  shall  provide  for  the  speedy  publication  of 
such  opinions  of  the  supreme  court  as  it  may  deem  expedient ;  and  all 
opinions  shall  be  free  for  publication  by  any  person. 

Sec.  15.  The  justices  of  the  supreme  court,  district  judges,  and 
county  judges  shall  severally,  at  stated  times  during  their  continu- 
ance in  ofiice,  receive  for  their  services  a  compensation  which  shall 
not  be  increased  or  diminished  during  the  term  for  w^hich  they  shall 
have  been  elected :  Provided^  That  county  judges  shall  be  paid  out  of 
the  county  treasury  of  their  respective  counties. 

Sec.  16.  The  justices  of  the  supreme  court,  and  the  district  judges, 
and  the  county  judges,  shall  be  ineligible  to  any  other  office  than  a 
judicial  office  during  the  term  for  which  they  shall  have  been  elected. 

Sec.  17.  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

Sec.  18.  The  style  of  all  process  shall  be,  "  The  People  of  the  State 
of  California,"  and  all  prosecutions  shall  be  conducted  in  their  name 
and  by  their  authority. 

Sec.  19.  In  order  that  no  inconvenience  may  result  to  the  public 
service  from  the  taking  effect  of  the  amendments  proposed  to  said 
article  six  by  the  legislature  of  1861,  no  officer  shall  be  superseded 
thereby,  nor  shall  the  organization  of  the  several  courts  be  changed 
thereby,  until  the  election  and  qualification  of  the  several  officers  pro- 
vided for  in  said  amendments. 

Art.  IX.  Section  1.  A  superintendent  of  public  instruction  shall, 
at  the  special  election  for  judicial  officers  to  be  held  in  the  year  1863, 
and  every  four  years  thereafter  at  such  special  elections,  be  elected  by 
the  qualified  voters  of  the  State,  and  shall  enter  upon  the  duties  of  his 
office  on  the  1st  day  of  December  next  after  his  election. 

Art.  X.  Sec.  2.  And  if  at  any  time  two-thirds  of  the  senate  and 
assembly  shall  think  it  necessary  to  revise  or  change  this  entire  con- 
stitution, they  shall  recommend  to  the  electors,  at  the  next  election 
for  members  of  the  legislature,  to  vote  for  or  against  a  convention, 
and  if  it  shall  appear  that  a  majority  of  the  electors,  voting  at  such 
election,  have  voted  in  favor  of  calling  a  convention,  the  legislature 
shall,  at  its  next  session,  provide  by  law  for  calling  a  convention,  to 
be  holden  within  six  months  after  the  passage  of  such  law ;  and  such 
convention  shall  consist  of  a  number  of  members  not  less  than  that  of 
both  branches  of  the  legislature.  The  constitution  that  may  have 
been  agreed  upon  and  adopted  by  such  convention  shall  be  submitted 
to  the  people  at  a  special  election,  to  be  provided  for  by  law,  for  their 


412  California— 1879 

ratification  or  rejection;  eacli  voter  shall  express  his  opinion  by 
depositing  in  the  ballot-l)ox  a  ticket,  whereon  shall  be  written  or 
printed  the  words  "  For  the  new  constitution,"  or  "Against  the  new 
constitution."  The  returns  of  such  election  shall,  in  such  manner  as 
the  convention  shall  direct,  be  certified  to  the  executive  of  the  State, 
who  shall  call  to  his  assistance  the  comptroller,  treasurer,  and  secre- 
tary of  state,  and  compare  the  votes  so  certified  to  him.  If  by  such 
examination  it  l>e  ascertained  that  a  majority  of  the  whole  number  of 
votes  cast  at  such  election  be  in  favor  of  such  new  constitution,  the 
executive  of  this  State  shall,  by  his  proclamation,  declare  such  new 
constitution  to  be  the  constitution  of  the  State  of  California. 

(Ratified  in  1871 «) 

Art.  I.  Sec.  22.  The  legislature  shall  have  no  power  to  make  an 
approjjriation,  for  any  purpose  whatever,  for  a  longer  period  than 
tw^o  years. 

CONSTITUTION  OF  CALIFORNIA— 1879  * 

Adopted  in  convention  at  Sacramento,  March  3,  A.  D.  1819;  nubmitted  to  and 
ratified  bp  the  people  May  7,  1879. 

PREAMBLE  AND  DECLARATION  OF  RIGHTS 

PREAMBLE 

We,  the  people  of  the  State  of  California,  grateful  to  Almighty 
God  for  our  freedom,  in  order  to  secure  and  perpetuate  its  blessings, 
do  establish  this  Constitution. 

Article  I 

DECLARATION    OF    RIGHTS 

Section  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty;  acquiring,  possessing,  and  protecting 
property;  and  pursuing  and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  the  protection,  security,  and  benefit  of  the  people, 
and  they  have  the  right  to  alter  or  reform  the  same  whenever  the 
public  good  may  require  it. 

*  Verified  from  "  DepartiDent  of  public  Instruction,  Thomas  J.  Kirk,  sui>erin- 
tendent.  School  law  of  California.  Extracts  from  the  Political  and  Penal 
Codes;  Acts  of  the  Legislature.  Relating  to  Schools,  Still  in  Force;  Laws  Relat- 
ing to  the  State  Normal  and  I'olytechnic  Schools ;  Acts  Relating  to  the  State 
Series  of  Text-Boolis ;  Rules  and  Regulations  of  the  State  Board  of  Education 
for  the  (Jovernment  of  I'ultlic  Schools ;  Constitution  of  California ;  Constitu- 
tion of  the  IJniteil  States.  Pul>lished  for  the  use  of  the  public  schools.  Sacra- 
mento. W.  W.  Shannon.  suiK'rint«'ndent  of  State  printing.  1903."     209  pp. 

Also  by  copies  of  amendments  furnished  by  the  Secretary  of  State  of  Cali- 
fornia, April  4.  1907.     [Editor.] 

»  This  amendment  was  |)ro|tosed  by  the  legislature  in  1866,  approved  by  the 
legislature  in  1868,  and  ratified  by  the  people  In  1871. 


California— 1879  413 

Sec.  3.  The  State  of  California  is  an  inseparable  part  of  the  Amer- 
ican Union,  and  the  Constitution  of  the  United  States  is  the  supreme 
law  of  the  land. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  guar- 
anteed in  this  State ;  and  no  person  shall  be  rendered  incompetent  to 
be  a  witness  or  juror  on  account  of  his  opinions  on  matters  of  reli- 
gious belief;  but  the  liberty  of  conscience  hereby  secured  shall  not 
be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify  practices 
inconsistent  with  the  peace  or  the  safety  of  the  State. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  the  suspension. 

Sec.  6.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offenses  when  the  proof  is  evident  or  the  presumption 
great.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed; nor  shall  cruel  or  unusual  punishment  be  inflicted.  Wit- 
nesses shall  not  be  unreasonably  detained,  nor  confined  in  any  room 
where  criminals  are  actually  imprisoned. 

Sec.  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  arid 
remain  inviolate;  but  in  civil  actions  three  fourths  of  the  jury 
may  render  a  verdict.  A  trial  by  jury  may  be  waived  in  all  criminal 
cases,  not  amounting  to  felony,  by  the  consent  of  both  parties,  ex- 
pressed in  open  Court,  and  in  civil  actions  hy  the  consent  of  the  par- 
ties, signified  in  such  manner  as  may  be  prescribed  by  law.  In  civil 
actions,  and  cases  of  misdemeanor,  the  jury  may  consist  of  twelve, 
or  of  any  number  less  than  twelve  upon  which  the  parties  may  agree 
in  open  Court. 

Sec.  8.  Offenses  heretofore  required  to  be  prosecuted  by  indictment 
shall  be  prosecuted  by  information,  after  examination  and  com- 
mitment by  a  magistrate,  or  by  indictment,  with  or  Avithout  such 
examination  and  commitment,  as  may  be  prescribed  by  law.  A  grand 
jury  shall  be  drawn  and  summoned  at  least  once  a  year  in  each  county. 

Sec.  9.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right; 
and  no  law  shall  be  passed  to  restrain  or  abridge  the  libert}^  of 
speech  or  of  the  press.  In  all  criminal  prosecutions  for  libels,  the 
truth  may  be  given  in  evidence  to  the  jury;  and  if  it  shall  appear 
to  the  jury  that  the  matter  charged  as  libelous  is  true,  and  was  pub- 
lished with  good  motives,  and  for  justifiable  ends,  the  party  shall  be 
acquitted;  and  the  jury  shall  have  the  right  to  determine  the  law 
and  the  fact.  Indictments  found,  or  information  laid,  for  publica- 
tions in  newspapers,  shall  be  tried  in  the  county  where  such  noAvs- 
papers  have  their  publication  office,  or  in  the  county  where  I  he  t  arty 
alleged  to  be  libeled  resided  at  the  time  of  the  alleged  publication, 
unless  the  place  of  trial  shall  be  changed  for  good  cause. 

Sec.  10.  The  people  shall  have  the  ri^ht  to  freely  assemble  together 
to  consult  for  the  common  good,  to  instruct  their  representatives, 
and  to  petition  the  Legislature  for  redress  of  grievances. 

Sec.  11.  All  laws  of  a  general  nature  shall  have  a  uniform  opera- 
tion. 

Sec.  12.  The  military  shall  be  subordinate  to  the  civil  power.  No 
standing  army  shall  be  kept  up  by  this  State  in  time  or  peace,  and 
no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  without 

7251— VOL  1—07 29 


414  California— 1879 

the  consent  of  the  owner;  nor  in  time  of  war,  except  in  the  manner 
prescribed  by  law. 

Sec.  13.  In  criminal  prosecutions,  in  any  Court  whatever,  the  party 
accused  shall  have  the  right  to  a  speedy  and  public  trial;  to  have 
the  process  of  the  Court  to  compel  the  attendance  of  witnesses  in  his 
behalf,  and  to  appear  and  defend,  in  jjerson  and  with  counsel.  No 
pereon  shall  be  twice  put  in  jeopardy  for  the  same  offense;  nor  be 
compelled,  in  any  criminal  case,  to  be  a  witness  against  himself; 
nor  be  deprived  of  life,  liberty,  or  property  without  due  process  of 
law.  The  Legislature  shall  have  power  to  provide  for  the  taking, 
in  the  presence  of  the  party  accused  and  his  counsel,  of  depositions 
of  witnesses  in  criminal  cases,  other  than  cases  of  homicide,  when 
there  is  reason  to  believe  that  the  witness,  from  inability  or  other 
causes,  will  not  attend  at  the  trial. 

Sec.  14.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation  having  been  first  made  to.  or  paid  into 
Court  for,  the  owner,  and  no  right  of  way  shall  be  appropriated  to 
the  use  of  any  corporation  other  than  municipal  imtil  full  compen- 
sation therefor  be  first  made  in  money  or  ascertained  and  paid  into 
Court  for  the  owner,  irrespective  of  any  benefit  from  any  improve- 
ment proposed  by  such  corporation,  which  compensation  shall  be 
ascertained  bv  a  jury,  unless  a  jury  be  waived,  as  in  other  civil  cases 
in  a  Court  of  record,  as  shall  be  prescribed  by  law. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action, 
or  mesne,  or  final  process,  unless  in  case  of  fraud,  nor  in  civil  actions 
for  torts,  except  in  cases  of  willful  injury  to  person  or  property;  and 
no  person  shall  be  imprisoned  for  a  militia  fine  in  time  of  peace. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligations  of  contracts,  shall  ever  be  passed. 

"  Sec.  17.  Foreigners  of  the  white  race  or  of  African  descent,  eligi- 
ble to  become  citizens  of  the  United  States  under  the  naturalization 
laws  thereof,  while  bona  fide  residents  of  this  State,  shall  have  the 
same  rights  in  respect  to  the  acquisition,  possession,  enjoyment,  trans- 
mission, and  inheritance  of  property  as  native  bom  citizens. 

Sec.  18.  Neither  slaverv  nor  involuntary  servitude,  unless  for  the 
punishment  of  crime,  shall  ever  be  tolerated  in  this  State. 

Sec.  19,  The  right  of  the  people  to  be  secured  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  seizures  and  searches, 
shall  not  be  violated;  and  no  warrant  shall  issue  but  on  probable 
cause,  supported  by  oath  or  affirmation,  particularly  describing  the 
place  to  be  searched  and  the  persons  and  things  to  be  seized. 

Sec.  20.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the  evidence  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  Court. 

Sec.  21.  No  special  privileges  or  immunities  shall  ever  be  granted 
which  may  not  be  altered,  revoked,  or  repealed  by  the  X«egislature, 
nor  shall  any  citizen,  or  class  of  citizens,  be  granted  privileges  or 
immunities  which,  upon  the  same  terms,  shall  not  be  granted  to  all 
citizens. 

Sec.  22.  The  provisions  of  this  Constitution  are  mandatoiy  and 
prohibitory,  unless  by  express  words  they  are  declared  to  be  otherwise. 

o  Amended,  1894. 


California— 1879  .415 

Sec.  23.  This  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  people. 

Sec.  24.  No  property  qualification  shall  ever  be  required  for  any 
person  to  vote  or  hold  office. 

Art-icle  II 

RIGHT    OF    SUFFRAGE 

*  Section  1.  Every  native  male  citizen  of  the  United  States,  every 
male  person  who  shall  have  acquired  the  rights  of  citizenship  under 
or  by  virtue  of  the  treaty  of  Queretaro,  and  every  male  naturalized 
citizen  thereof,  who  shall  have  become  such  ninety  days  prior  to  any 
election,  of  the  age  of  twenty-one  years,  who  shall  have  been  a  resi- 
dent of  the  State  one  year  next  preceding  the  election,  and  of  the 
county  in  which  he  claims  his  vote  ninety  days,  and  in  the  election 
precinct  thirty  days,  shall  be  entitled  to  vote  at  all  elections  Avhich 
are  now  or  may  hereafter  be  authorized  hy  law ;  provided^  no  native 
of  China,  no  idiot,  insane  person,  or  person  convicted  of  any  infamous 
crime,  and  no  person  hereafter  convicted  of  the  embezzlement  or  mis- 
appropriation of  public  money,  shall  ever  exercise  the  privilege  of 
an  elector  in  this  State. 

Sec.  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  on  the  days  of  election,  during 
their  attendance  at  such  election,  going  to  and  returning  therefrom. 

*  Sec.  3.  No  elector  shall  be  obliged  to  perform  militia  duty  on 
the  day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  4.  For  the  purposes  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States,  nor  while  engaged 
in  the  navigation  of  the  waters  of  this  State  or  of  the  United  States, 
or  of  the  high  seas ;  nor  while  a  student  at  any  seminary  of  learning ; 
nor  while  kept  in  any  almshouse  or  other  asylum,  at  public  expense; 
nor  while  confined  in  any  public  prison. 

^  Sec.  5.  All  elections  by  the  people  shall  be  by  ballot. 

Article  III 

DISTRIBUTION  OF  POWERS 

Section  1.  The  powers  of  the  Government  of  the  State  of  Cali- 
fornia shall  be  divided  into  three  separate  departments — the  legisla- 
tive, executive,  and  judicial ;  and  no  person  charged  with  the  exercise 
of  powers  properly  belonging  to  one  of  these  departments  shall  exer- 
cise any  functions  appertaining  to  either  of  the  others,  except  as  in 
this  Constitution  expressly  directed  or  permitted. 

Article  IV 

LEGISIiATIVE  DEPARTMENT 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
Senate  and  Assembly,  which  shall  be  designated  the  Legislature  of 

*  New  section  2i  inserted  by  amendment,  1900. 

"Amended,  1894. 

&  Amended,  1896,  1902. 


416  Calif(mmi—1879 

the  State  of  California,  and  the  enacting  clause  of  every  law  shall  be 
as  follows:  "The  People  of  the  State  of  California,  represented  in 
Senate  and  Assembly,  do  enact  as  follows." 

SeI'.  '1.  The  sessions  of  the  Ix'gislature  shall  commence  at  twelve 
o'clock  M.  on  the  first  Monday  after  the  first  day  of  January  next 
succeeding  the  election  of  its  members,  and,  after  the  election  held  in 
the  year  eighteen  hundred  and  eighty,  shall  be  biennial,  unless  the 
Governor  shall,  in  the  interim,  convene  the  Legislature  by  proclama- 
tion. No  pay  shall  l)e  allowed  to  members  for  a  longer  time  than 
sixty  days,  except  for  the  first  session  after  the  adoption  of  this  Con- 
stitution, for  which  they  may  be  allowed  pay  for  one  hundred  days. 
And  no  bill  shall  bo  introduced  in  either  house  after  the  expiration 
of  ninety  days  fn)m  the  commencement  of  the  first  session,  nor  after 
fifty  days  after  the  commencement  of  each  succeeding  session,  with- 
out the  consent  of  two  thirds  of  the  members  thereof. 

Sec.  3.  Members  of  the  Assembly  shall  be  elected  in  the  year  eight- 
een hundred  and  seventy-nine,  at  the  time  and  in  the  manner  now 
provided  by  law.  The  second  election  of  members  of  the  Assembly, 
after  the  adoption  of  this  Constitution,  shall  be  on  the  first  Tuesday 
after  the  first  Monday  in  November,  eighteen  hundred  and  eighty. 
Thereafter  members  of  the  Assembly  shall  be  chosen  biennially,  and 
their  term  of  office  shall  be  two  years;  and  each  election  shall  be  on 
the  first  Tuesday  after  the  first  Monday  in  November,  unless  other- 
wise ordered  by  the  I^egislature. 

Sec.  4.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the 
same  time  and  places  as  members  of  the  Assembly,  and  no  person 
shall  be  a  member  of  the  Senate  or  Assembly  Avho  has  not  been  a  citi- 
zen and  inhabitant  of  the  State  three  years,  and  of  the  district  for 
which  he  shall  be  chosen  one  year,  next  before  his  election. 

Sec.  5.  The  Senate  shall  consist  of  forty  members,  and  the  Assem- 
bly of  eighty  members,  to  be  elected  by  districts,  numbered  as  herein- 
after provided.  The  seats  of  the  twenty  Senators  elected  in  the  year 
eighteen  hundred  and  eighty-two  from  the  odd  numbered  districts 
shall  be  vacated  at  the  expiration  of  the  second  year,  so  that  one  half 
of  the  Senators  shall  be  elected  every  two  years;  provided^  that  all 
the  Senators  elected  at  the  first  election  under  this  Constitution  shall 
hold  office  for  the  term  of  three  years. 

Sec.  G.  For  the  purpose  of  choosing  members  of  the  Legislature, 
the  State  shall  be  divided  into  forty  senatorial  and  eighty  assembly 
districts,  as  nearly  equal  in  population  as  may  be,  and  composed  of 
contiguous  territory,  to  Ikj  called  senatorial  and  assembly  districts. 
Each  senatorial  district  shall  choose  one  Senator,  and  eacfi  assembly 
district  shall  choose  one  member  of  Assembly.  The  senatorial  dis- 
tricts shall  be  numbered  from  one  to  forty,  inclusive,  in  numerical 
order,  and  the  assembly  districts  shall  be  numbered  from  one  to 
eighty,  in  the  same  order,  commencing  at  the  northern  boundary  of 
the  State,  and  ending  at  the  southern  boundary  thereof.  In  the 
formation  of  such  districts  no  county,  or  city  and  county,  shall  be 
divided,  unless  it  contains  sufficient  population  within  itself  to  form 
two  or  more  districts,  nor  shall  a  part  of  any  county,  or  of  any  city 
and  county,  be  united  Avith  any  other  county,  or  city  and  countv,  in 
forming  any  district.  The  census  taken  under  the  direction  of  the 
Congress  of  the  United  States  in  the  year  one  thousand  eight  hundred 


California— 1879  417 

and  eighty,  and  every  ten  years  thereafter,  shall  be  the  basis  of  fixing 
and  adjusting  the  legislative  districts;  and  the  Legislature  shall,  at 
its  first  session  after  each  census,  adjust  such  districts  and  reapportion 
the  representation  so  as  to  preserve  them  as  near  equal  in  population 
as  may  be.  But  in  making  such  adjustment  no  persons  who  are  not 
eligible  to  become  citizens  of  the  United  States,  under  the  naturaliza- 
tion laws,  shall  be  counted  as  forming  a  part  of  the  population  of  any 
district.  Until  such  districting  as  herein  provided  for  shall  be  made, 
Senators  and  Assemblymen  shall  be  elected  by  the  districts  according 
to  the  apportionment  now  provided  for  by  law. 

Skc.  7.  Each  house  shall  choose  its  officers,  and  judge  of  the  quali- 
fications, elections,  and  returns  of  its  members. 

Sec.  8.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members  in  such  manner  and 
under  such  penalties  as  each  house  may  provide. 

Sec.  9.  Each  house  shall  determine  the  rule  of  its  proceeding,  and 
may,  with  the  concurrence  of  two  thirds  of  all  its  members  elected, 
expel  a  member. 

Sec.  10.  Each  house  shall  keep  a  Journal  of  its  proceedings,  and 
publish  the  same,  and  the  yeas  and  nays  of  the  members  of  either 
house,  on  any  question,  shall,  at  the  desire  of  any  three  members 
present,  be  entered  on  the  Journal. 

Sec.  11.  Members  of  the  Legislature  shall,  in  all  cases,  except  trea- 
son, felony,  and  breach  of  the  peace,  be  privileged  from  arrest,  and 
shall  not  be  subject  to  any  civil  process  during  the  session  of  the 
Legislature,  nor  for  fifteen  days  next  before  the  commencement  and 
after  the  termination  of  each  session. 

Sec.  12.  T\nien  vacancies  occur  in  either  house,  the  Governor,  or 
the  person  exercising  the  functions  of  the  Governor,  shall  issue  writs 
of  election  to  fill  such  vacancies. 

Sec.  13.  The  doors  of  each  house  shall  be  open,  except  on  such 
occasions  as,  in  the  opinion  of  the  house,  may  require  secrecy. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  place  other  than  that  in 
which  they  may  be  sitting.  Nor  shall  the  members  of  either  house 
draw  pay  for  any  recess  or  adjournment  for  a  longer  time  than  three 
days. 

Sec.  15.  No  law  shall  be  passed  except  by  bill.  Nor  shall  any  bill 
be  put  upon  its  final  passage  until  the  same,  with  the  amendments 
thereto,  shall  have  been  printed  for  the  use  of  the  members ;  nor  shall 
any  bill  become  a  law  unless  the  same  be  read  on  three  several  days 
in  each  house,  unless,  in  a  case  of  urgency,  two  thirds  of  the  house 
where  such  bill  may  be  pending  shall,  by  a  vote  of  yeas  and  na3^s, 
dispense  with  this  provision.  Any  bill  may  originate  in  either  house, 
but  may  be  amended  or  rejected  by  the  other;  and  on  the  final  pas- 
sage of  all  bills  they  shall  be  read  at  length,  and  the  vote  shall  be 
by  yeas  and  nays  upon  each  bill  separately,  and  shall  be  entered  on 
the  Journal,  and  no  bill  shall  become  a  law  without  the  concurrence 
of  a  majority  of  the  members  elected  to  each  house. 

Sec.  16.  Every  bill  which  may  have  passed  the  Legislature  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor.  If  he  approve 
it,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objections, 


418  California— 1879 

to  the  house  in  which  it  originated,  which  shall  enter  such  objec- 
tions upon  the  Journal  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  it  again  passes  both  houses,  by  yeas  and  nays,  two 
thirds  of  the  members  elected  to  each  house  voting  therefor,  it  shall 
tjecome  a  law,  nothwithstandin^  the  Governor's  objections.  If  any 
bill  shall  not  be  returned  withni  ten  days  after  it  shall  have  been 
presented  to  him  ^Sundays  excepted),  the  same  shall  Ixicome  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  Legislature,  by  ad- 
iournment,  prevents  such  return,  in  which  case  it  shall  not  become  a 
law,  unless  the  Governor,  within  ten  days  after  such  adjournment 
(Sundays  excepted),  shall  sign  and  deposit  the  same  in  the  office  of 
the  Secretary  of  State,  in  which  case  it  shall  Income  a  law  in  like 
manner  as  if  it  had  been  signed  by  him  before  adjournment.  If 
any  bill  presented  to  the  Governor  contains  several  items  of  appro- 
priation of  money,  he  may  object  to  one  or  more  items,  while  approv- 
ing other  portions  of  the  bill.  In  such  case  he  shall  append  to  the 
bill,  at  the  time  of  signing  it,  a  statement  of  the  items  to  which  ho 
objects,  and  the  reasons  therefor,  and  the  appropriations  so  objected 
to  shall  not  take  effect  unless  passed  over  the  (iovernor's  veto,  as  here- 
inbefore provided.  If  the  Legislature  l3e  in  session,  the  Governor 
shall  transmit  to  the  house  in  which  the  bill  originated  a  copy  of  such 
statement,  and  the  items  so  objected  to  shall  be  separately  reconsid- 
ered in  the  same  manner  as  bills  which  have  been  disapproved  by  the 
Governor. 

Sec.  17.  The  Assembly  shall  have  the  sole  power  of  impeachment, 
and  all  impeachment  shall  be  tried  by  the  Senate.  When  sitting  for 
that  purpose,  the  Senators  shall  be  upon  oath  or  affirmation,  and  no 
person  shall  be  convicted  without  the  concurrence  of  two  thirds  of  the 
members  elected. 

Sec.  18.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
Controller,  Treasurer.  Attorney-General,  Surveyor-General,  Chief 
Justice  and  Associate  Justices  of  the  Supreme  Court,  and  Judges  of 
the  Superior  Courts,  shall  be  liable  to  impeachment  for  any  mis- 
demeanor in  office;  but  judgment  in  such  cases  shall  extend  only  to 
removal  from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  the  State ;  but  the  party  convicted  or  acquitted 
shall  nevertheless  be  liable  to  indictment,  trial,  and  punishment, 
according  to  law.  All  other  civil  officers  shall  he  tried  for  misde- 
meanor in  office  in  such  manner  as  the  Legislature  may  provide. 

Sec.  10.  Xo  Senator  or  member  of  Assembly  shall,  during  the  term 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
of  profit  under  this  State  which  shall  have  been  created,  or  the 
emoluments  of  which  have  been  increased,  during  such  term,  except 
such  offices  as  may  be  filled  by  election  by  the  people. 

Sec.  20.  No  person  holding  any  lucrative  office  under  the  United 
States,  or  any  other  power,  shall  be  eligible  to  any  civil  office  of 
profit  under  this  State;  pro  ruled  ^  that  officers  in  the  militia,  who 
receive  no  annual  salary,  local  officers,  or  Postmasters  whose  compen- 
sation does  not  exceed  five  hundred  dollars  per  annum,  shall  not  be 
deemed  to  hold  lucrative  offices. 

Sec.  21.  No  person  convicted  of  the  embezzlement  or  defalcation 
of  the  public  funds  of  the  United  States,  or  of  any  State,  or  of  any 


California— 1879  419 

county  or  municipality  therein,  shall  ever  be  eligible  to  any  office  of 
honor,  trust,  or  profit  under  this  State,  and  the  Legislature  shall  pro- 
vide, by  law,  for  the  punishment  of  embezzlement  or  defalcation  as 
a  felony. 

Sec.  22.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law,  and  upon  warrants  duly 
drawn  thereon  by  the  Controller ;  and  no  money  shall  ever  be  appro- 
priated or  drawn  from  the  State  Treasury  for  the  use  and  benefit  of 
any  corporation,  association,  asylum,  hospital,  or  any  other  institu- 
tion not  under  the  exclusive  management  and  control  of  the  State 
as  a  State  institution,  nor  shall  any  grant  or  donation  of  property 
ever  be  made  thereto  by  the  State;  provided^  that  notwithstanding 
anything  contained  in  this  or  any  other  section  of  this  Constitution, 
the  Legislature  shall  have  the  power  to  grant  aid  to  institutions  con- 
ducted for  the  support  and  maintenance  of  minor  orphans,  or  half 
orphans,  or  abandoned  children,  or  aged  persons  in  indigent  circum- 
stances— such  aid  to  be  granted  by  a  uniform  rule,  and  proportioned 
to  the  number  of  inmates  of  such  respective  institutions;  provided 
further^  that  the  State  shall  have,  at  any  time,  the  right  to  inquire 
into  the  management  of  such  institution;  provided  furtlier^  that 
whenever  any  county,  or  city  and  county,  or  city,  or  town,  shall  pro- 
vide for  the  support  of  minor  orphans,  or  half  orphans,  or  abandoned 
children,  or  a^ed  persons  in  indigent  circumstances,  such  county,  city 
and  county,  city,  or  town,  shall  be  entitled  to  receive  the  same  pro 
rata  appropriations  as  may  be  granted  to  such  institutions  under 
church  or  other  control.  An  accurate  statement  of  the  receipts  and 
expenditures  of  public  moneys  shall  be  attached  and  published  with 
the  laws  at  every  regular  session  of  the  Legislature. 

Sec.  23.  The  members  of  the  Legislature  shall  receive  for  their 
services  a  per  diem  and  mileage,  to  be  fixed  by  law,  and  paid  out  of 
the  public  treasury;  such  per  diem  shall  not  exceed  eight  dollars 
and  such  mileage  shall  not  exceed  ten  cents  per  mile,  and  for  contin- 
gent expenses  not  exceeding  twenty-five  dollars  for  each  session. 
No  increase  in  compensation  or  mileage  shall  take  effect  during  the 
term  for  which  the  members  of  either  house  shall  have  been  elected, 
and  the  pay  of  no  attache  shall  be  increased  after  he  is  elected  or 
appointed. 

Sec.  24.  Every  Act  shall  embrace  but  one  subject,  which  subject 
shall  be  expressed  in  its  title.  But  if  any  subject  shall  be  embraced 
in  an  Act  which  shall  not  be  expressed  in  its  title,  such  Act  shall  be 
void  only  as  to  so  much  thereof  as  shall  not  be  expressed  in  its  title. 
No  law  shall  be  revised  or  amended  by  reference  to  its  title;  but  in 
such  case  the  Act  revised  or  section  amended  shall  be  reenacted  and 
published  at  length  as  revised  or  amended ;  and  all  law  s  of  the  State 
of  California,  and  all  official  writings,  and  the  executive,  legislative, 
and  judicial  proceedings,  shall  be  conducted,  preserved,  and  pub- 
lished in  no  other  than  the  English  language. 

Sec.  25.  The  Legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enumerated  cases,  that  is  to  say : 

First — Regulating  the  jurisdiction  and  duties  of  Justices  of  the 
Peace,  Police  Judges,  and  of  Constables. 

Second — For  the  punishment  of  crimes  and  misdemeanors. 


420  Califomw—lS79 

Third — Regulating  the  practice  of  Courts  of  justice. 

Fourth — Providing  for  changing  the  venue  in  civil  or  criminal 
actions. 

Fifth — (Granting  divorces. 

Sixth — Changing  the  names  of  persons  or  places. 

Seventh — Authorizing  the  laying  out,  opening,  altering,  maintain- 
ing, or  vacating  roads,  highways,  streets,  alleys,  town  plots,  parks, 
cemeteries,  graveyards,  or  public  grounds  not  owned  b^  the  State. 

Eighth — Summoning  and  impaneling  grand  and  petit  juries,  and 
providing  for  their  compensation. 

Ninth — Regulating  county  and  township  business,  or  the  election 
of  county  or  township  officers. 

Tenth— For  the  assessment  or  collection  of  taxes. 

Eleventh — Providing  for  conducting  elections,  or  desi^ating  the 
places  of  voting,  except  on  the  organization  of  new  counties. 

Twelfth — Affecting  estates  of  deceased  persons,  minors,  or  other 
persons  under  legal  disabilities. 

Thirteenth — Extending  the  time  for  the  collection  of  taxes. 

Fourteenth — Giving  effect  to  invalid  deeds,  wills,  or  other  instru- 
ments. 

Fifteenth — Refunding  money  paid  into  the  State  Treasury. 

Sixteenth — Releasing,  or  extinguishing,  in  whole  or  in  part,  the 
indebtedness,  liability,  or  obligation  of  any  corporation  or  person  to 
this  State,  or  to  any  municipal  corporation  therein. 

Seventeenth — Declaring  any  person  of  age,  or  authorizing  any 
minor  to  sell,  lease,  or  incumber  his  or  her  property. 

Eighteenth — Legalizing,  except  as  against  the  State,  the  unauthor- 
ized or  invalid  act  of  any  officer. 

Nineteenth — Granting  to  any  corporation,  association,  or  indi- 
vidual any  special  or  exclusive  right,  privilege,  or  immunity. 

Twentieth — Exempting  property  from  taxation. 

Twenty-first — Changing  county  seats. 

Twenty-second — Restoring  to  citizenship  persons  convicted  of  in- 
famous crimes. 

Twenty-third — Regulating  the  rate  of  interest  on  money. 

Twenty-fourth — Authorizing  the  creation,  extension,  or  impairing 
of  liens. 

Twenty-fifth — Chartering  or  licensing  ferries,  bridges,  or  roads. 

Twenty-sixth — Remitting  fines,  penalties,  or  forfeitures. 

Twenty-seventh — Providing  for  the  management  of  common 
schools. 

Twenty-eighth — Creating  offices,  or  prescribing  the  powers  and 
duties  of  officers  in  counties,  cities,  cities  and  counties,  township,  elec- 
tion, or  school  districts. 

Twenty-ninth — Affecting  the  fees  or  salary  of  any  officer. 

Thirtieth — Changing  the  law  of  descent  or  succession. 

Thirty-first — Authorizing  the  adoption  or  legitimation  of  children. 

Thirty-second — For  limitation  of  civil  or  criminal  actions. 

Thirty-third — In  all  other  cases  where  a  general  law  can  be  made 
applicable. 

*  Sec.  26.  The  Legislature  shall  have  no  power  to  authorize  lot- 
teries or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to 

*  Amended,  new  section  23i,  1902. 


California— 1879  421 

prohibit  the  sale  in  this  State  of  lottery  or  gift  enterprise  tickets,  or 
tickets  in  any  scheme  in  the  nature  of  a  lottery.  The  Legislature 
shall  pass  laws  to  regulate  or  prohibit  the  buying  and  selling  of  the 
shares  of  the  capital  stock  of  corporations  in  any  stock  board,  stock 
exchange,  or  stock  market  under  the  control  of  any  association.  All 
contracts  for  the  sale  of  shares  of  the  capital  stock  of  any  corporation 
or  association,  on  margin,  or  to  be  delivered  at  a  future  day,  shall  be 
void,  and  any  money  paid  on  such  contracts  may  be  recovered  by 
the  party  paying  it  by  suit  in  any  Court  of  competent  jurisdiction. 

Sec.  27.  "When  a  congressional  district  shall  be  composed  of  two 
or  more  counties,  it  shall  not  be  separated  by  any  county  belonging 
to  another  district.  No  county,  or  city  and  county,  shall  be  divided 
in  forming  a  congressional  district  so  as  to  attach  one  portion  of  a 
county,  or  city  and  county,  to  another  county,  or  city  and  county, 
except  in  cases  where  one  county,  or  city  and  county,  has  more  popu- 
lation than  the  ratio  required  for  one  or  more  Congressmen;  but 
the  Legislature  may  divide  any  county,  or  city  and  county,  into  as 
many  congressional  districts  as  it  may  be  entitled  to  by  law.  Any 
county,  or  city  and  county,  containing  a  population  greater  than  the 
number  required  for  one  congressional  district  shall  be  formed  into 
one  or  more  congressional  districts,  according  to  the  population 
thereof,  and  any  residue,  after  forming  such  district  or  districts,  shall 
be  attached  by  compact  adjoining  assembly  districts,  to  a  contiguous 
county  or  counties,  and  form  a  congressional  district.  In  dividing 
a  county,  or  city  and  county,  into  congressional  districts,  no  assembly 
district  shall  be  divided  so  as  to  form  a  part  of  more  than  one  con- 
gressional district,  and  every  such  congressional  district  shall  be  com- 
posed of  compact  contiguous  assembly  districts. 

Sec.  28.  In  all  elections  by  the  Legislature  the  members  thereof 
shall  vote  viva  voce,  and  the  votes  shall  be  entered  on  the  Journal. 

Sec.  29.  The  general  appropriation  bill  shall  contain  no  item  or 
items  of  appropriation  other  than  such  as  are  required  to  pay  the 
salaries  of  the  State  oJSicers,  and  expenses  of  the  government,  and  of 
the  institutions  under  the  exclusive  control  and  management  of  the 
State. 

Sec.  30.  Neither  the  Legislature,  nor  any  county,  city  and  county, 
township,  school  district,  or  other  municipal  corporation,  shall  ever 
make  an  appropriation,  or  pay  from  any  public  fund  whatever,  or 
grant  anything  to  or  in  aid  of  any  religious  sect,  church,  creed,  or 
sectarian  purpose,  or  help  to  support  or  sustain  any  school,  college, 
university,  hospital,  or  other  institution  controlled  by  any  religious 
creed,  church,  or  sectarian  denomination  whatever;  nor  shall  any 
grant  or  donation  of  personal  property  or  real  estate  ever  be  made  by 
the  State,  or  any  city,  city  and  county,  town,  or  other  municipal  cor- 
poration, for  any  religious  creed,  church,  or  sectarian  purpose  what- 
ever ;  provided,  that  nothing  in  this  section  shall  prevent  the  Legisla- 
ture granting  aid  pursuant  to  section  twenty-two  of  this  article. 

Sec.  31.  The  Legislature  shall  have  no  power  to  give  or  to  lend,  or 
to  authorize  the  giving  or  lending  of  the  credit  of  the  State,  or  of  any 
county,  city  and  county,  city,  township,  or  other  political  corporation 
or  subdivision  of  the  State  now  existing,  or  that  may  be  hereafter 
established,  in  aid  of  or  to  any  person,  association,  or  corporation, 
whether  municipal  or  otherwise,  or  to  pledge  the  credit  thereof,  in  any 
manner  whatever,  for  the  payment  of  the  liabilities  of  any  individual, 


422  California— 1879 

association,  municipal  or  other  corporation  whatever;  nor  shall  it 
have  power  to  make  any  gift,  or  authorize  the  making  of  anj^  /jift,  or 
uny  public  money  or  thing  of  value,  to  any  individual,  municipal  or 
other  corporation  whatever;  provided^  that  nothing  in  this  section 
shall  prevent  the  Legislature  granting  aid  pursuant  to  section  twent}'- 
two  or  this  article ;  and  it  shall  not  have  power  to  authorize  the  State, 
or  any  political  subdivision  thereof,  to  subscribe  for  stock,  or  to  be- 
come a  stockholder  in  any  corporation  whatever. 

Sec.  32.  The  Legislature  shall  have  no  power  to  grant,  or  authorize 
any  county  or  municipal  authority  to  grant,  any  extra  compensation 
or  allowance  to  any  public  officer,  agent,  servant,  or  contractor,  after 
service  has  been  rendered,  or  a  contract  has  been  entered  into  and 
performed,  in  whole  or  in  part,  nor  to  j)ay  or  to  authorize  the  pay- 
ment of,  any  claim  hereafter  created  against  the  State,  or  any  county 
or  municipality  of  the  State,  under  any  agreement  or  contract  made 
without  express  authority  of  law ;  and  all  such  unauthorized  agree- 
ments or  contracts  shall  be  null  and  void. 

Sec.  33.  The  Legislature  shall  pass  laws  for  the  regulation  and 
limitation  of  the  charges  for  services  performed  and  commodities 
furnished  by  telegraph  and  gas  corporations,  and  the  charges  by 
corporations  or  individuals  for  storage  and  wharfage,  in  which  there 
is  a  public  use ;  and  where  laws  shall  provide  for  the  selection  of  any 
person  or  officer  to  regulate  or  limit  such  rates,  no  person  or  officer 
shall  be  selected  by  any  corporation  or  individual  interested  in  the 
business  to  be  regulated,  and  no  person  shall  be  selected  who  is  an 
officer  or  stockholder  in  any  such  corporation. 

Sec.  34.  No  bill  making  an  appropriation  for  money,  except  the 
general  appropriation  bill,  shall  contain  more  than  one  item  of  appro- 
priation, and  that  for  one  single  and  certain  purpose  to  be  therein 
expressed. 

Sec.  35.  Any  person  wdio  seeks  to  influence  the  vote  of  a  member  of 
the  Legislature  oy  bribery,  promise  of  reward,  intimidation,  or  any 
other  dishonest  means,  shall  be  guilty  of  lobbying,  which  is  hereby 
declared  a  felony ;  and  it  shall  be  the  duty  of  the  Legislature  to  pro- 
vide, by  law,  for  the  punishment  of  this  crime.  Any  member  of  the 
Legislature,  who  shall  be  influenced  in  his  vote  or  action  upon  any 
matter  pending  before  the  Legislature  by  any  reward,  or  promise  of 
future  reward,  shall  be  deemed  guilty  of  a  felony,  and  upon  convic- 
tion thereof,  in  addition  to  such  punishment  as  may  be  provided  by 
law,  shall  be  disfranchised  and  forever  disqualified  from  holding  any 
office  of  public  trust.  Any  person  may  be  compelled  to  testify  in  any 
lawful  investigation  or  judicial  proceeding  against  any  person  who 
may  be  charged  with  having  committed  the  offense  of  bribery  or  cor- 
rupt solicitation,  or  with  having  been  influenced  in  his  vote  or  action, 
as  a  member  of  the  Legislature,  by  reward,  or  promise  of  future  re- 
ward, and  shall  not  be  permitted  to  withhold  his  testimony  upon  the 
ground  that  it  may  criminate  himself,  or  subject  him  to  public  in- 
famy; but  such  testimony  shall  not  afterwards  be  used  against  him 
in  any  judicial  proceeding,  except  for  perjury  in  giving  such  tes- 
timony. 

[Amended,  New  Section  36,  1902.  See  under  "Amendments"  to  this  Consti- 
tution.] 


California— 1879  423 

Article  V 

EXECUTIVE  DEPARTMENT 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  Chief  Magistrate,  who  shall  be  styled  the  Governor  of  the 
State  of  California. 

Sec.  2.  The  Governor  shall  be  elected  b}'  the  qualified  electors 
at  the  time  and  place  of  voting  for  members  of  the  Assembly,  and 
shall  hold  his  office  four  years  from  and  after  the  first  Monday  after 
the  first  day  of  Januaiy  subsequent  to  his  election,  and.  until  his  suc- 
cessor is  elected  and  qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  Governor  who 
has  not  been  a  citizen  of  the  United  States  and  a  resident  of  this  State 
five  years  next  preceding  his  election,  and  attained  the  age  of  twenty- 
five  years  at  the  time  of  such  election. 

Sec.  4.  The  returns  of  every  election  for  Governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the  Speaker 
01  the  Assembly,  who  shall,  during  the  first  week  of  the  session,  open 
and  publish  them  in  the  presence  of  both  houses  of  the  Legislature. 
The  person  having  the  highest  number  of  votes  shall  be  Governor; 
but,  in  case  any  two  or  more  have  an  equal  and  the  highest  number  of 
votes,  the  Legislature  shall,  bj^  joint  vote  of  both  houses,  choose  one  of 
such  persons  having  an  equal  and  the  highest  number  of  votes  for 
Governor. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief  of  the  militia, 
the  army  and  navy  of  this  State. 

Sec.  6.  He  shall  transact  all  executive  business  with  the  officers  of 
government,  civil  and  military,  and  may  require  information,  in 
writing,  from  the  officers  of  the  executive  department,  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices. 

Sec.  7.  He  shall  see  that  all  the  laws  are  faithfully  executed. 

Sec.  8.  When  any  office  shall,  from  any  cause,  become  vacant,  and 
no  mode  is  provided  by  the  Constitution  and  law  for  filling  such 
vacancy,  the  Governor  shall  have  power  to  fill  such  vacancy  by 
granting  a  commission,  which  shall  expire  at  the  end  of  the  next  ses- 
sion of  the  Legislature,  or  at  the  next  election  by  the  people. 

Sec.  9.  He  may,  on  extraordinary  occasions,  convene  the  Legis- 
lature by  proclamation,  stating  the  purposes  for  which  he  has  con- 
vened it,  and  when  so  convened  it  shall  have  no  power  to  legislate  on 
any  subjects  other  than  those  specified  in  the  proclamation,  but  may 
.provide  for  the  expenses  of  the  session  and  other  matters  incidental 
thereto. 

Sec.  10.  He  shall  communicate  by  message  to  the  Legislature,  at 
every  session,  the  condition  of  the  State,  and  recommend  such  mat- 
ters as  he  shall  deem  expedient. 

Sec.  11.  In  case  of  disagreement  between  the  two  houses  with  re- 
spect to  the  time  of  adjournment,  the  Governor  shall  have  power  to 
adjourn  the  Legislature  to  such  time  as  he  may  think  proper;  pro- 
vided, it  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next 
Legislature. 

Sec.  12.  No  person  shall,  while  holding  any  office  under  the  United 
States  or  this  State,  exercise  the  office  of  Governor  except  as  herein- 
after expressly  provided. 


424  Calif (rmia— 1879 

Sec.  13.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  Governor,  and  used  by  him  officially,  and  shall  Iw  called  "  The 
Great  Seal  of  the  State  of  California." 

Sec.  14.  All  fjrants  and  connnissions  shall  Ijc  in  the  name  and  by 
the  authority  of  The  People  of  the  State  of  C'alifoiiiia,  .sealed  with 
the  ^reat  seal  of  the  State,  signed  by  the  Governor,  and  countei*sigi»ed 
by  the  Secretary  of  State. 

*  Sec.  15.  A  Lieutenant-Governor  shall  be  elected  at  the  same  time 
and  placets,  and  in  the  same  manner,  as  the  (xovernor,  and  his  term 
of  office  and  his  qualifications  of  eligibility  shall  also  Ik'  the  same. 
He  shall  be  the  President  of  the  Senate,  but  shall  have  only  a  casting 
vote  therein.  If,  during  a  vacancy  of  the  office  of  Governor,  the 
Lieutenant-Governor  shall  be  impeached,  displaced,  resign,  die,  or 
l^ecome  incapable  of  performing  the  duties  of  his  office,  or  be  absent 
from  the  State,  the  President  pro  tempore  of  the  Senate  shall  act  as 
Governor  until  the  vacancv  be  filled  or  the  disability  shall  cease.  The 
Lieutenant-Governor  shall  be  disqualified  horn  holding  any  other 
office,  except  as  specially  provided  in  this  Constitution,  during  the 
term  for  which  he  shall  have  been  elected. 

*  Sec.  IG.  In  case  of  the  impeachment  of  the  Governor,  or  his 
removal  from  office,  death,  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  resignation,  or  absence  from  the  State,  the 
powers  and  duties  of  the  office  shall  devohe  upon  the  Lieutenant- 
Governor  for  the  residue  of  the  term,  or  until  the  disability  shall 
cease.  But  when  the  Governor  shall,  with  the  consent  of  the  I^egis- 
lature,  be  out  of  the  State  in  time  of  war,  at  the  head  of  any  military 
force  thereof,  he  shall  continue  Commander-in-Chief  of  all  the  mili- 
tary forces  of  the  State. 

Sec.  17.  A  Secretary  of  State,  a  Controller,  a  Treasurer,  an 
Attorney-General,  and  a  Surveyor-General  shall  be  elected  at  the 
same  time  and  places,  and  in  the  same  manner,  as  the  (iovernor  and 
Lieutenant-Governor,  and  their  terms  of  office  shall  be  the  same  as 
that  of  the  Governor. 

Sec.  18.  The  Secretary  of  State  shall  keep  a  correct  record  of  the 
official  acts  of  the  legislative  and  executive  departments  of  the  gov- 
ernment, and  shall,  when  required,  lay  the  same,  and  all  matters 
relative  thereto,  before  either  branch  of  the  Legislature,  and  shall 
perform  such  other  duties  as  may  be  assigned  him  by  law. 

Sec.  19.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
Controller,  Treasurer,  Attorney-General,  and  Surveyor-General, 
shall,  at  stated  times  during  their  continuance  in  office,  receive  for 
their  services  a  compensation  which  shall  not  be  increased  or  dimin- 
ished during  the  term  for  which  they  shall  have  been  elected,  which 
compensation  is  hereby  fixed  for  the  following  officers  for  the  two 
terms  next  ensuing  the  adoption  of  this  Constitution,  as  follows: 
Governor,  six  thousand  dollars  per  annum:  Lieutenant-Governor, 
the  same  per  diem  as  nuiy  he  provided  by  law  for  the  Speaker  of  the 
Assembly,  to  be  allowed  only  during  the  session  of  the  Legislature; 
the  Secretary  of  State,  Controller,  Treasurer,  Attorney-General,  and 
Surveyor-General,  three  thousand  dollars  each  per  annum,  such 
compensation  to  be  in  full  for  all  services  by  them,  respectively, 
rendered  in  any  official  capacity  or  employment  whatsoever  during 

*  Amended,  1898. 


California— 1879  425 

their  respective  terms  of  office;  provided^  however^  that  the  Legisla- 
ture, after  the  expiration  of  the  terms  hereinbefore  mentioned,  may 
by  law  diminish  the  compensation  of  any  or  all  such  officers,  but  in 
no  case  shall  have  the  power  to  increase  the  same  above  the  sums 
hereby  fixed  by  this  Constitution.  No  salary  shall  be  authorized  by 
law  for  clerical  service,  in  any  office  provided  for  in  this  article, 
exceeding  sixteen  hundred  dollars  per  annum  for  each  clerk  em- 
ployed. The  Legislature  may,  in  its  discretion,  abolish  the  office  of 
Surveyor-General;  and  none  of  the  officers  hereinbefore  named  shall 
receive  for  their  own  use  any  fees  or  perquisites  for  the  performance 
of  any  official  duty. 

Sec.  20.  The  Governor  shall  not,  during  his  term  of  office,  be 
elected  a  Senator  to  the  Senate  of  the  United  States. 

Article  VI 

JUDICIAL   DEPARTMENT 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  the 
Senate  sitting  as  a  Court  of  Impeachment,  in  a  Supreme  Court, 
Superior  Courts,  Justices  of  the  Peace,  and  such  inferior  Courts  as 
the  Legislature  may  establish  in  any  incorporated  city,  or  town,  or 
city  and  county. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief  Justice  and  six 
Associate  Justices.  The  Court  may  sit  in  departments  and  in  bank, 
and  shall  always  be  open  for  the  transaction  of  business.  There 
shall  be  two  departments,  denominated,  respectively.  Department 
One  and  Department  Two.  The  Chief  Justice  shall  assign  three  of 
the  Associate  Justices  to  each  department,  and  such  assignment  may 
be  changed  by  him  from  time  to  time.  The  Associate  Justices  shall 
be  competent  to  sit  in  either  department,  and  may  interchange  with 
each  other  by  agreement  among  themselves  or  as  ordered  by  the  Chief 
Justice.  Each  of  the  departments  shall  have  the  power  to  hear  and 
determine  causes  and  all  questions  arising  therein,  subject  to  the  pro- 
visions hereinafter  contained  in  relation  to  the  Court  in  bank.  The 
presence  of  three  Justices  shall  be  necessary  to  transact  any  business 
m  either  of  the  departments,  except  such  as  may  be  done  at  chambers, 
and  the  concurrence  of  three  Justices  shall  be  necessary  to  pronounce 
a  judgment.  The  Chief  Justice  shall  apportion  the  business  to  the 
departments,  and  may,  in  his  discretion,  order  any  cause  pending 
before  the  Court  to  be  heard  and  decided  by  the  Court  in  bank.  The 
order  may  be  made  before  or  after  judgment  pronounced  by  a  depart- 
ment; but  where  a  cause  has  been  allotted  to  one  of  the  departments, 
and  a  judgment  pronounced  thereon,  the  order  must  be  made  Avithin 
thirty  days  after  such  judgment  and  concurred  in  by  two  Associate 
Justices,  and  if  so  made  it  shall  have  the  effect  to  vacate  and  set  aside 
the  judgment.  Any  four  Justices  may,  either  before  or  after  judg- 
ment by  a  department,  order  a  case  to  be  heard  in  bank.  If  the 
order  be  not  made  within  the  time  above  limited,  the  judgment  shall 
be  final.  No  judgment  by  a  department  shall  become  final  until  the 
expiration  of  the  period  of  thirty  days  aforesaid,  unless  approved 
by  the  Chief  Justice  in  Avriting,  with  the  concurrence  of  two  Asso- 
ciate Justices.  The  Chief  Justice  may  convene  the  Court  in  bank  at 
any  time,  and  shall  be  the  presiding' Justice  of  the  Court  when  so 


426  Calif(ymia—1879 

convened.  The  concurrence  of  four  Justices  present  at  the  argu- 
ment shall  be  necessary  to  pronounce  a  judgment  in  bank;  but  if 
four  Justices,  so  present,  do  not  concur  in  a  judgment,  then  all  the 
Justices  q^ualified  to  sit  in  the  cause  shall  hear  the  argument;  but  to 
render  a  judgment  a  concurrence  of  four  Judges  shall  be  necessary. 
In  the  determination  of  causes,  all  decisions  of  the  Court  in  bank  or 
in  departments  shall  be  given  in  writing,  and  the  grounds  of  the 
decision  shall  be  stated.  The  Chief  Justice  may  sit  in  either  depart- 
ment, and  shall  preside  when  so  sitting,  but  the  Justices  assigned  to 
each  department  shall  select  one  of  their  numlier  as  presiding  Justice. 
In  case  of  the  absence  of  the  Chief  Justice  from  the  place  at  Avhich 
the  Court  is  held,  or  his  inability  to  act,  the  Associate  Justices  shall 
select  one  of  their  own  numlDer  to  perform  the  duties  and  exercise 
the  powers  of  the  Chief  Justice  during  such  absence  or  inability 
to  act. 

Sec.  3.  The  Chief  Justice  and  the  Associate  Justices  shall  be  elected 
by  the  qualified  electors  of  the  State  at  large  at  the  general  State 
elections,  at  the  times  and  places  at  which  the  State  officers  are 
elected ;  and  the  term  of  office  shall  be  twelve  years  from  and  after  the 
first  Monday  after  the  first  day  of  January  next  succeeding  their 
election;  provided,  that  the  six  Associate  Justices  elected  at  the  first 
election  shall,  at  their  first  meeting,  so  classifv  themselves,  by  lot,  that 
two  of  them  shall  go  out  of  office  at  the  end.  of  four  years,  two  of  them 
at  the  end  of  eight  years,  and  two  of  them  at  the  end  of  twelve 
years,  and  an  entry  of  such  classification  shall  be  made  in  the 
minutes  of  the  Court  in  bank,  signed  by  them,  and  a  duplicate 
thereof  shall  be  filed  in  the  office  of  the  Secretary  of  State.  If 
a  vacancv  occurs  in  the  office  of  a  Justice,  the  Governor  shall  ap- 
point a  person  to  hold  the  office  until  the  election  and  qualification  of 
a  Justice  to  fill  the  vacancy,  which  election  shall  take  place  at  the 
next  succeeding  general  election,  and  the  Justice  so  elected  shall  hold 
the  office  for  the  remainder  of  the  unexpired  term.  The  first  election 
of  the  Justices  shall  be  at  the  first  general  election  after  the  adoption 
and  ratification  of  this  Constitution. 

Sec.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction  in  all 
cases  in  equity,  except  such  as  arise  in  Justices'  Courts;  also,  in  all 
cases  at  law  which  involve  the  title  or  possession  of  real  estate,  or  the 
legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine,  or  in 
which  the  demand,  exclusive  of  interest,  or  the  value  or  the  property 
in  controversy,  amounts  to  three  hundred  dollars;  also,  in  cases  of 
forcible  entry  and  detainer,  and  in  proceedings  in  insolvency,  and  in 
actions  to  prevent  or  abate  a  nuisance,  and  in  all  such  probate  matters 
as  may  be  provided  by  law ;  also,  in  all  criminal  cases  prosecuted  by 
indictment  or  information  in  a  Court  of  record  on  questions  of  law 
alone.  The  Court  shall  also  have  power  to  issue  writs  of  mandamus, 
certiorari,  prohibition,  and  habeas  corpus,  and  all  other  writs  neces- 
sary or  proper  to  the  complete  exercise  of  its  appellate  jurisdiction. 
Each  of  the  Justices  shall  have  power  to  issue  writs  of  habeas  corpus 
to  any  part  of  the  State,  upon  petition  by  or  on  behalf  of  any  person 
held  in  actual  custody,  and  may  make  such  writs  returnable  before 
himself,  or  the  Supreme  Court,  or  before  any  Superior  Court  in  the 
State,  or  before  any  Judge  thereof. 

Sec.  5.  The  Superior  Court  shall  have  original  jurisdiction  in  all 
cases  in  equity,  and  in  all  cases  at  law  which  involve  the  title  or  pos- 


California— 1879  427 

session  of  real  property,  or  the  legality  of  any  tax,  impost,  assessment, 
toll,  or  municipal  fine,  and  in  all  other  cases  in  which  the  demand,  ex- 
clusive of  interest  or  the  value  of  the  property  in  controversy,  amounts 
to  three  hundred  dollars,  and  in  all  criminal  cases  amounting  to 
felony,  and  in  cases  of  misdemeanor  not  otherwise  provided  for;  of 
actions  of  forcible  entry  and  detainer;  of  proceedings  in  insolvency; 
of  actions  to  prevent  or  abate  a  nuisance;  of  all  matters  of  probate; 
of  divorce  and  for  annulment  of  marriage,  and  of  all  such  special 
cases  of  proceedings  as  are  not  otherwise  provided  for.  And  said 
Court  shall  have  the  power  of  naturalization,  and  to  issue  papers 
therefor.  They  shall  have  aj^pellate  jurisdiction  in  such  cases  arising 
in  Justices'  and  other  inferior  Courts  in  their  respective  counties  as 
may  be  prescribed  by  law.  They  shall  always  be  open  (legal  holi- 
days and  non-judicial  days  excepted),  and  their  process  shall  extend 
to  all  parts  of  the  State;  provided,  that  all  actions  for  the  recovery  of 
the  possession  of,  quieting  the  title  to,  or  for  the  enforcement  of  liens 
upon  real  estate,  shall  be  commenced  in  the  county  in  which  the  real 
estate,  or  any  part  thereof  affected  by  such  action  or  actions,  is  situ- 
ated. Said  Courts,  and  their  Judges,  shall  have  power  to  issue  writs 
of  mandamus,  certiorari,  prohibition,  quo  warranto,  and  habeas  cor- 
pus, on  petition  by  or  on  behalf  of  any  person  in  actual  custody  in 
their  respective  counties.  Injunctions  and  writs  of  prohibition  may 
be  issued  and  served  on  legal  holidays  and  non- judicial  days. 

Sec.  6.  There  shall  be  in  each  of  the  organized  counties,  or  cities 
and  counties,  of  the  State,  a  Superior  Court,  for  each  of  which  at 
least  one  Judge  shall  be  elected  by  the  qualified  electors  of  the  county, 
or  city  and  county,  at  the  general  State  election ;  provided,  that  until 
otherwise  ordered  by  the  Legislature,  only  one  Judge  shall  be  elected 
for  the  Counties  of  Yuba  and  Sutter,  and  that  in  the  City  and  County 
of  San  Francisco  there  shall  be  elected  twelve  Judges  of  the  Superior 
Court,  any  one  or  more  of  whom  may  hold  Court.  There  may  be  as 
many  sessions  of  said  Court,  at  the  same  time,  as  there  are  Judges 
thereof.  The  said  Judges  shall  choose,  from  their  own  number,  a  pre- 
siding Judge,  who  may  be  removed  at  their  pleasure.  He  shall  dis- 
tribute the  business  of  the  Court  among  the  Judges  thereof,  and 
prescribe  the  order  of  business.  The  judgments,  orders,  and  pro- 
ceedings of  any  session  of  the  Superior  Court  held  by  any  one  or  more 
of  the  Judges  of  said  Courts,  respectively,  shall  be  equally  effectual 
as  if  all  the  Judges  of  said  respective  Courts  presided  at  such  session. 
In  each  of  the  Counties  of  Sacramento,  San  Joaquin,  Los  Angeles, 
Sonoma,  Santa  Clara,  and  Alameda  there  shall  be  elected  two  such 
Judges.  The  term  ^of  office  of  Judges  of  the  Superior  Courts  shall 
be  six  years  from  and  after  the  first  Monday  of  January  next  suc- 
ceeding their  election ;  provided,  that  the  twelve  Judges  of  the  Su- 
perior Court  elected  in  the  City  and  County  of  San  Francisco,  at  the 
first  election  held  under  this  Constitution,  shall  at  their  first  meeting 
so  classify  themselves,  by  lot,  that  four  of  them  shall  go  out  of  office 
at  the  end  of  two  years,  and  four  of  them  shall  go  out  of  office  at 
the  end  of  four  years,  and  four  of  them  shall  go  out  of  office  at  the 
end  of  six  years,  and  an  entry  of  such  classification  shall  be  made  in 
the  minutes  of  the  Court,  signed  by  them,  and  a  duplicate  thereof 
filed  in  the  office  of  the  Secretary  of  State.  The  first  election  of 
Judges  of  the  Superior  Courts  shall  take  place  at  the  first  general 
election  held  after  the  adoption  and  ratification  of  this  Constitution. 


428  California— 1879 

If  a  vacancy  occur  in  the  office  of  Judge  of  a  Superior  Court,  the 
Governor  shall  appoint  a  person  to  hold  the  office  until  the  election 
and  qualification  of  a  Judge  to  fill  the  vacancy,  which  election  shall 
take  place  at  the  next  succeeding  general  election,  and  the  Judge  so 
elected  shall  hold  office  for  the  remainder  of  the  unexpired  term. 

Sec.  7.  In  any  county,  or  city  and  county,  other  than  the  City  and 
County  of  San  Francisco,  in  which  there  shall  be  more  than  one  Judge 
of  the  Superior  Court,  the  Judges  of  such  Court  may  hold  as  many 
sessions  or  said  Court  at  the  same  time  as  there  are  Judges  thereof, 
and  shall  apportion  the  business  among  themselves  as  equally  as 
may  be. 

Sec.  8.  A  Judge  of  any  Superior  Court  may  hold  a  Superior 
Court  in  any  county,  at  the  request  of  a  Judge  of  the  Superior  Court 
thereof;  and  upon  request  of  the  Governor  it  shall  be  his  duty  so  to 
do.  But  a  cause  in  a  Superior  Court  may  be  tried  by  a  Judge  pro 
tempore,  who  must  be  a  member  of  the  bar,  agreed  upon  in  writing 
by  the  parties  litigant  or  their  attorneys  of  record,  approved  by  the 
Court,  and  sworn  to  try  the  cause. 

Sec.  9.  The  I^egislature  shall  have  no  power  to  grant  leave  of 
absence  to  any  judicial  officer;  and  any  such  officer  who  shall  absent 
himself  from  the  State  for  more  than  sixty  consecutive  days  shall  be 
deemed  to  have  forfeited  his  office.  The  Legislature  of  the  State 
may,  at  any  time,  two  thirds  of  the  members  of  the  Senate  and  two 
thirds  of  the  members  of  the  Assembly  voting  therefor,  increase  or 
diminish  the  number  of  Judges  of  the  Superior  Court  in  any  county, 
(«'  city  and  county,  in  the  State;  pi'orided,  that  no  such  reduction 
shall  affect  any  Judge  who  has  been  elected. 

Sec.  10.  Justices  of  the  Supreme  Court  and  Judges  of  the  Superior 
Courts  may  be  removed  by  concurrent  resolution  of  both  houses  of 
the  Legislature,  adopted  by  a  two-thirds  vote  of  each  house.  All 
other  judicial  officers,  except  Justices  of  the  Peace,  may  be  removed  bv 
the  Senate  on  the  recommendation  of  the  Governor,  but  no  removal 
shall  be  made  by  virtue  of  this  section,  unless  the  cause  thereof  be 
entered  on  the  Journal,  nor  unless  the  party  complained  of  has  been 
served  with  a  copy  of  the  complaint  against  him,  and  shall  have  had 
an  opportunity  of  being  heard  in  his  defense.  On  the  question  of 
removal,  the  ayes  and  noes  shall  be  entered  on  the  Journal. 

Sec.  11.  The  Legislature  shall  determine  the  number  of  Justices  of 
the  Peace  to  be  elected  in  townships,  incorporated  cities  and  towns, 
or  cities  and  counties,  and  shall  fix  by  law  the  powers,  duties,  and 
responsibilities  of  Justices  of  the  Peace;  proridea,  such  powers  shall 
not  in  any  case  trench  upon  the  jurisdiction  of  the  several  Courts  of 
record,  except  that  said  Justices  shall  have  concurrent  jurisdiction 
with  the  Superior  Court  in  cases  of  forcible  entry  and  detainer, 
where  the  rental  value  does  not  exceed  twenty-five  dollars  per  month, 
and  where  the  whole  amount  of  damages  claimed  does  not  exceed  two 
hundred  dollars,  and  in  cases  to  enforce  and  foreclose  liens  on  per- 
sonal property  when  neither  the  amount  of  the  liens  nor  the  value 
of  the  property  amounts  to  three  hundred  dollars. 

Sec.  12.  The  Supreme  Court,  the  Suijerior  Courts,  and  such  other 
C^ourts  as  the  Legislature  may  prescrilie,  shall  l^  Courts  of  record. 

Sec.  13.  The  Legislature  shall  fix  by  law  the  jurisdiction  of  any 
inferior  Courts  which  may  be  established  in  pusuance  of  section  one 


California— 1879  429 

of  this  article,  and  shall  fix  by  law  the  powers,  duties,  and  responsi- 
bilities of  the  Judges  thereof. 

-  Sec.  14.  The  Legislature  shall  provide  for  the  election  of  a  Clerk 
of  the  Supreme  Court,  and  shall  fix  by  law  his  duties  and  compensa- 
tion, Avhich  compensation  shall  not  be  increased  or  diminished  during 
the  term  for  which  he  shall  have  been  elected.  The  County  Clerks 
shall  be  ex  officio  Clerks  of  the  Courts  of  record  in  and  for  their 
respective  counties,  or  cities  and  counties.  The  Legislature  may  also 
provide  for  the  appointment,  by  the  several  Superior  Courts,  of  one 
or  more  Commissioners  in  their  resj^ective  counties,  or  cities  and 
counties,  with  authority  to  perform  chamber  business  of  the  Judges 
of  the  Superior  Courts,  to  take  depositions,  and  perform  such  other 
business  connected  with  the  administration  of  justice  as  may  be 
prescribed  by  law. 

Sec.  15.  No  judicial  officer,  except  Justices  of  the  Peace  and  Court 
Commissioners,  shall  receive  to  his  own  use  any  fees  or  perquisites  of 
office. 

Sec.  16.  The  Legislature  shall  provide  for  the  speedy  publication 
of  such  opinions  of  the  Supreme  Court  as  it  may  deem  expedient,  and 
all  opinions  shall  be  free  for  publication  by  any  person. 

*  Sec.  17.  The  Justices  of  the  Supreme  Court  and  Judges  of  the 
Superior  Courts  shall  severally,  at  stated  times  during  their  continu- 
ance in  office,  receive  for  their  services  a  compensation  which  shall 
not  be  increased  or  diminished  after  their  election,  nor  during  the 
term  for  which  they  shall  have  been  elected.  The  salaries  oi  the 
Justices  of  the  Supreme  Court  shall  be  paid  by  the  State.  One  half 
of  the  salary  of  each  Superior  Court  Judge  shall  be  paid  by  the 
State;  the  other  half  thereof  shall  be  paid  by  the  county  for  Avhidi 
he  is  elected.  During  the  term  of  the  first  Judges  elected  under  this 
Constitution,  the  annual  salaries  of  the  Justices  of  the  Supreme  Court 
shall  be  six  thousand  dollars  each.  Until  otherwise  changed  by  the 
Legislature,  the  Superior  Court  Judges  shall  receive  an  annual  salary 
of  three  thousand  dollars  each,  payable  monthly,  except  the  Judges 
of  the  City  and  County  of  San  Francisco,  and  the  Counties  of  Ala- 
meda, San  Joaquin,  Los  Angeles,  Santa  Clara,  Yuba  and  Sutter 
combined,  Sacramento,  Butte,  Nevada,  and  Sonoma,  who  shall  receive 
four  thousand  dollars  each. 

Sec.  18.  The  Justices  of  the  Supreme  Court  and  Judges  of  the 
Superior  Courts  shall  be  ineligible  to  any  other  office  of  public  em- 
ployment than  a  judicial  office  or  employment  during  the  term  for 
which  they  shall  have  been  elected. 

Sec.  19.  Judges  shall  not  charge  juries  Avith  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

Sec.  20.  The  style  of  all  process  shall  be  "  The  People  of  the  State 
of  California,"  and  all  prosecutions  shall  be  conducted  in  their 
name  and  by  their  authority. 

Sec.  21.  The  Justices  shall  appoint  a  Reporter  of  the  decisions  of 
the  Supreme  Court,  who  shall  hold  his  office  and  be  removable  at  their 
pleasure.  He  shall  receive  an  annual  salary  not  to  exceed  twenty- 
five  hundred  dollars,  payable  monthly. 

Sec.  22.  No  Judge  of  a  Court  of  record  shall  practice  law  in  any 
Court  of  this  State  during  his  continuance  in  office. 

♦Amended,  1905. 
7251— VOL  1—07 30 


430  California— 1879 

Sec.  23.  No  one  shall  be  eligible  to  the  office  of  Justice  of  the  Su- 
preme Court,  or  to  the  office  of  Judge  of  a  Superior  Court,  unle.ss 
he  shall  have  been  admitted  to  practice  before  the  Supreme  Court  of 
the  State. 

Sec.  24.  No  Judge  of  a  Superior  Court,  nor  of  the  Supreme  Court, 
shall,  after  the  first  day  of  July,  one  thousand  eight  hundred  and 
eighty,  be  allowed  to  draw  or  receive  any  monthly  salary  unless  he 
shall  take  and  subscribe  to  an  affidavit  l>efore  an  officer  entitled  to 
administer  oaths,  that  no  cause  in  his  Court  remains  undecided  that 
has  been  submitted  for  decision  for  the  period  of  ninety  days. 

Article  VII 

PARDONING   1*0WER 

Section  1.  The  Governor  shall  have  the  power  to  grant  reprieves, 
pardons,  and  commutations  of  sentence,  after  conviction,  for  all 
offenses  except  treason  and  cases  of  impeachment,  upon  such  con- 
ditions, and  with  such  restrictions  and  limitations,  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  provided  by  law  rela- 
tive to  the  manner  of  applying  for  pardons.  Upon  conviction  for 
treason,  the  Governor  shall  have  power  to  suspend  the  execution  of 
the  sentence  until  the  case  shall  be  reported  to  the  Legislature  at  its 
next  meeting,  when  the  Legislature  shall  either  pardon,  direct  the 
execution  of  the  sentence,  or  grant  a  further  reprieve.  The  Governor 
shall  communicate  to  the  I^egislature,  at  the  beginning  of  every  ses- 
sion, every  case  of  reprieve  or  pardon  granted,  stating  the  name  of 
the  convict,  the  crime  for  Avhich  he  was  convicted,  the  sentence,  its 
date,  the  date  of  the  pardon  or  reprieve,  and  the  reasons  for  granting 
the  same.  Neither  the  Governor  nor  the  legislature  shall  have 
power  to  gi'ant  pardons,  or  commutations  of  sentence,  in  any  case 
where  the  convict  has  been  twice  convicted  of  felony,  unless  upon  the 
written  recommendation  of  a  majority  of  the  Judges  of  the  Supreme 
Court. 

Article  VIII 

MILITIA 

Section  1.  The  Legislature  shall  provide,  by  law,  for  organizing 
and  disciplining  the  militia,  in  such  manner  as  it  may  deem  expedient, 
not  incompatible  with  the  Constitution  and  laws  of  the  United  States. 
Officers  or  the  militia  shall  be  elected  or  appointed  in  such  manner  as 
the  Legislature  shall,  from  time  to  time,  direct,  and  shall  be  com- 
missioned by  the  Governor.  The  Governor  shall  have  power  to  call 
forth  the  militia  to  execute  the  laws  of  the  State,  to  suppress  insur- 
rections, and  repel  invasions. 

Sec.  2.  All  military  organizations  provided  for  by  this  Constitu- 
tion, or  any  law  of  this  State,  and  receiving  State  support,  shall, 
while  under  arms,  either  for  ceremony  or  duty,  carry  no  device,  ban- 
ner, or  flag  of  any  State  or  nation,  except  that  of  the  United  States  or 
the  State  of  California. 


California— 1879  431 

Article  IX. 

EDUCATION 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence  being 
essential  to  the  preservation  of  the  rights  and  liberties  of  the  people, 
the  Legislature  shall  encourage  by  all  suitable  means  the  promotion 
of  intellectual,  scientific,  moral,  and  agricultural  improvement. 

Sec.  2.  A  Superintendent  of  Public  Instruction  shall,  at  each  guber- 
natorial election  after  the  adoption  of  this  Constitution,  be  elected 
by  the  qualified  electors  of  the  State.  He  shall  receive  a  salary  equal 
to  that  of  the  Secretary  of  State,  and  shall  enter  upon  the  duties  of 
his  office  on  the  first  Monday  after  the  first  day  of  January  next  suc- 
ceeding his  election. 

Sec.  3.  A  Superintendent  of  Schools  for  each  county  shall  be 
elected  by  the  qualified  electors  thereof  at  each  gubernatorial  elec- 
tion; jyrovided,  that  the  Legislature  may  authorize  two  or  more  coun- 
ties to  unite  and  elect  one  Superintendent  for  the  counties  so  uniting. 

Sec.  4.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted 
by  the  United  States  to  this  State  for  the  support  of  common  schools, 
which  may  be,  or  may  have  been,  sold  or  disposed  of,  and  the 
five  hundred  thousand  acres  of  land  granted  to  the  new  States  under 
an  Act  of  Congress  distributing  the  proceeds  of  the  public  lands 
among  the  several  States  of  the  Union,  approved  A.  D.  one  thousand 
eight  hundred  and  forty-one,  and  all  estates  of  deceased  persons  who 
may  have  died  without  leaving  a  will  or  heir,  and  also  such  per  cent 
as  may  be  granted,  or  may  have  been  granted,  by  Congress  on  the 
sale  of  lands  in  this  State,  shall  be  and  remain  a  perpetual  fund,  the 
interest  of  which,  together  with  all  the  rents  of  the  unsold  lands,  and 
such  other  means  as  the  Legislature  may  provide,  shall  be  inviolably 
appropriated  to  the  support  of  common  schools  throughout  the  State. 

Sec.  5.  The  Legislature  shall  provide  for  a  system  of  common 
schools  by  which  a  free  school  shall  be  kept  up  and  supported  in  each 
district  at  least  six  months  in  every  year,  after  the  first  year  in  which 
a  school  has  been  established. 

*  Sec.  G,  The  public  school  system  shall  include  primary  and  gram- 
mar schools,  and  such  high  schools,  evening  schools,  normal  schools, 
and  technical  schools,  as  may  be  established  by  the  Legislature,  or 
by  municipal  or  district  authority;  but  the  entire  revenue  derived 
from  the  State  School  Fund,  and  the  State  school  tax,  shall  be  ap- 
plied exclusively  to  the  support  of  primary  and  grammar  schools. 

"  Sec.  7.  The  Governor,  Superintendent  of  Public  Instruction,  and 
the  Principals  of  the  State  Normal  Schools,  shall  constitute  the  State 
Board  of  Education,  and  shall  compile,  or  cause  to  be  compiled,  and 
adopt  a  uniform  series  of  text-books  for  use  in  the  common  schools 
throughout  the  State.  The  State  Board  may  cause  such  text-books, 
when  adopted,  to  be  printed  and  published  by  the  Superintendent  of 
State  Printing,  at  the  State  Printing  Office,  and  when  so  printed  and 
published,  to  be  distributed  and  sold  at  the  cost  price  of  printing,  pub- 
lishing, and  distributing  the  same.  The  text-books  so  adopted  shall 
continue  in  use  not  less  than  four  years;  and  said  State  Board  shall 
perform  such  other  duties  as  may  i)e  ])rescribed  by  law.  The  Legis- 
lature shall  provide  for  a  Board  of  Education  in  each  county  in  the 

*Ai)ieiKUHl,  1002. 
aAuieuded,  1894. 


432  California— 1870 

State.  The  County  Superintendents  and  the  County  Boards  of  Edu- 
cation shall  have  control  of  the  examination  of  teachers  and  the 
granting  of  teachers'  certificates  within  their  respective  jurisdictions. 
[AmencTnient  adopted  November  4,  1884.  | 

Sec.  8.  Xo  public  money  shall  ever  be  appropriated  for  the  support 
of  any  sectarian  or  (lonoininational  school,  or  any  school  not  tinder  the 
exclusive  control  of  the  officers  of  the  public  schools;  nor  shall  any 
sectarian  or  denominational  doctrine  l)e  taught,  or  instruction  thereon 
be  permitted,  directly  or  indirectly,  in  any  of  the  common  schools  of 
this  State. 

Sec.  0.  The  University  of  California  shall  constitute  a  public  trust, 
and  its  organization  and  government  shall  be  i^erpetually  continued 
in  the  form  and  character  prescribed  by  the  organic  Act  creating  the 
same,  passed  March  twenty-third,  eighteen  hundred  and  sixty-eight 
(and  the  several  Acts  amendatory  thereof),  subject  only  to  such  legis- 
lative control  as  may  be  necessary  to  insure  compliance  with  the  terms 
of  its  endowments  and  the  i)roper  investment  and  security  of  its 
funds.  It  shall  be  entirely  independent  of  all  political  or  sectarian 
influence,  and  kept  free  therefrom  in  the  appointment  of  its  Regents, 
and  in  the  administration  of  its  affairs;  prorided,  that  all  the  moneys 
derived  from  the  sale  of  the  public  lands  donated  to  this  State  by 
Act  of  Congress,  approved  July  second,  eighteen  hundred  and  sixty- 
two  (and  the  several  Acts  amendatory  thereof),  shall  be  invested  as 
provided  by  said  Acts  of  Congress,  and  the  interest  of  said  moneys 
shall  he  inviolably  appropriated  to  the  endowment,  support,  and 
maintenance  of  at  least  one  College  of  Agriculture,  where  the  leading 
objects  shall  be  (without  excluding  other  scientific  and  classical  stud- 
ies, and  including  military  tactics)  to  teach  such  branches  of  learning 
as  are  related  to  scientific  and  practical  agriculture  and  the  mechanic 
arts,  in  accordance  with  the  requirements  and  conditions  of  said  Acts 
of  Congivss;  and  the  TjCgislature  shall  provide  that  if,  through  neg- 
lect, misappropriation,  or  any  other  contingency,  any  portion  of  the 
funds  so  set  apart  shall  be  diminished  or  lost,  the  State  shall  replace 
such  portion  so  lost  or  misappropriated,  so  that  the  principal  thereof 
shall  remain  forever  undiminished.  No  j^erson  shall  he  debarred  ad- 
mission to  any  of  the  collegiate  departments  of  the  University  on 
account  of  sex. 

(Amended.     New  sections  10,  11.  1900:  section  13,  1905.) 

Article  X 

STATE  I>'STI'1T;TI0N8  AND  PUBLIC  BUILDINGS 

Section  1.  There  shall  be  a  State  Board  of  Prison  Directors,  to 
consist  of  five  persons,  to  lie  appointed  by  the  Governor,  with  the 
advice  and  consent  of  the  Senate,  who  shall  hold  office  for  ten  years, 
except  that  the  first  appointed  shall,  in  such  manner  as  the  Legis- 
lature may  direct,  be  so  classified  that  the  term  of  one  i)ei*son  so  ap- 
pointed shall  expire  at  the  end  of  each  two  years  during  the  first  ten 
years,  and  vacancies  occurring  shall  he  filled  in  like  manner.  The  ap- 
pointee to  a  vacancy  occurring  before  the  expiration  of  a  term,  shall 
hold  office  only  for  the  unexpired  term  of  his  predecessor.  The 
Governor  shall  have  the  power  to  remove  either  of  the  Directors  for 
misconduct,  incompetency,  or  neglect  of  duty,  after  an  opportunity  to 
be  heard  upon  written  charges. 


California— 1879  ■  433 

Sec.  2.  The  Board  of  Directors  shall  have  the  charge  and  super- 
intendence of  the  State  Prisons,  and  shall  possess  such  powers  and 
perform  such  duties,  in  respect  to  other  penal  and  reformatory 
institutions  of  the  State,  as  the  Legislature  may  prescribe. 

Sec.  8.  The  Board  shall  appoint  the  Warden  and  Clerk,  and 
determine  the  other  necessary  officers  of  the  prison.  The  Board 
shall  have  power  to  remove  the  AVardens  and  Clerks  for  misconduct, 
incompetency,  or  neglect  of  duty.  All  other  officers  and  employes  of 
the  prisons  shall  be  appointed  by  the  Warden  thereof,  and  be  re- 
moved at  his  pleasure. 

Sec.  4.  The  members  of  the  Board  shall  receive  no  compensation, 
other  than  reasonable  traveling  and  other  expenses  incurred  while 
engaged  in  the  performance  of  official  duties,  to  be  audited  as  the 
Legislature  may  direct. 

Sec,  5.  The  Legislature  shall  pass  such  laws  as  maj'^  be  necessary 
to  further  define  and  regulate  the  powers  and  duties  of  the  Board, 
Wardens,  and  Clerks,  and  to  carry  into  effect  the  provisions  of  this 
article. 

Sec.  6.  After  the  first  day  of  January,  eighteen  hundred  and 
eighty-two,  the  labor  of  convicts  shall  not  be  let  out  by  contract  to 
any  person,  copartnership,  company,  or  corporation,  and  the  Legisla- 
ture shall,  by  law,  provide  for  the  working  of  convicts  for  the 
benefit  of  the  State. 

Article  XI 

cities,  counties,  and  towns 

Section  1.  The  several  counties,  as  they  now  exist,  are  hereby 
recognized  as  legal  subdivisions  of  this  State. 

Sec.  2.  No  county  seat  shall  be  removed  unless  two  thirds  of  the 
qualified  electors  of  the  county,  voting  on  the  proposition  at  a  general 
election,  shall  vote  in  favor  of  such  removal.  A  proposition  of 
removal  shall  not  be  submitted  in  the  same  county  more  than  once  in 
four  years. 

*  Sec.  3.  No  new  county  shall  be  established  which  shall  reduce 
any  county  to  a  population  of  less  than  eight  thousand;  nor  shall 
u  new  connty  be  formed  containing  a  less  population  than  fiA^e 
thousand,  nor  shall  any  line  thereof  pass  within  five  miles  of  the 
county  seat  of  any  county  proposed  to  be  divided.  Everv  county 
which  shall  be  enlarged  or  created  from  territory  taken  from  any 
other  county  or  counties,  shall  be  liable  for  a  just  proportion  of  the 
existing  debts  and  liabilities  of  the  county  or  counties  from  which 
such  territory  shall  be  taken. 

Sec.  4.  The  Legislature  shall  establish  a  system  of  county  govern- 
ments which  shall  be  uniform  throughout  the  State;  and  by  general 
laws  shall  provide  for  township  organization,  under  which  any  county 
may  organize  whenever  a  majority  of  the  qualified  electors  of  such 
county,  voting  at  a  general  election,  shall  so  determine ;  and  whenever 
a  county  shall  adopt  township  organization,  the  assessment  and 
collection  of  the  revenue  shall  be  made  and  the  business  of  such 

*  Amended,  1894. 


434  California— 1879 

county  and  the  local  affairs  of  the  several  townships  therein  shall  be 
managed  and  transacted  in  the  manner  prescribed  by  such  general 
laws. 

Sec.  5.  The  Legislature,  by  general  and  uniform  laws,  shall  pro- 
vide for  the  election  or  appointment,  in  the  several  counties,  of 
Boards  of  Supervisors,  Sheriffs,  County  Clerks,  District  Attorneys, 
and  such  other  county,  township,  and  municipal  officers  as  public 
convenience  may  require,  and  shall  prescribe  their  duties,  and  fix  their 
terms  of  office.  It  shall  regulate  the  compensation  of  all  such  officers, 
in  proportion  to  duties,  and  for  this  purpose  may  classify  the  coun- 
ties by  population ;  and  it  shall  provide  for  the  strict  accountability 
of  county  and  township  officers  for  all  fees  which  may  be  collected  by 
them,  and  for  all  public  and  municipal  moneys  which  may  be  paid  to 
them,  or  officially  come  into  their  possession. 

*  Sec.  6.  Corporations  for  municipal  purposes  shall  not  be  created 
by  special  laws;  but  the  Legislature,  by  general  laws,  shall  provide 
for  the  incorporation,  organization,  and  classification,  in  proportion 
to  population,  of  cities  and  towns,  which  laws  may  be  altered, 
amended,  or  repealed.  Cities  and  towns  heretofore  organized  or 
incorporated  may  become  organized  under  such  general  laws  when- 
ever a  majority  of  the  electors  voting  at  a  general  election  shall  so 
determine,  and  shall  organize  in  conformity  therewith;  and  cities  or 
towns  heretofore  or  hereafter  organized,  and  all  charters  thereof 
framed  or  adopted  by  authority  of  this  Constitution,  shall  be  subject 
to  and  controlled  by  general  laws. 

*  Sec.  7.  City  and  county  governments  may  be  merged  and  consoli- 
dated into  one  municipal  government,  with  one  set  of  officers,  and 
may  be  incorporated  under  general  laws  providing  for  the  incorpora- 
tion and  organization  of  corporations  for  municipal  purposes.  The 
provisions  of  this  Constitution  applicable  to  cities,  and  also  those 
applicable  to  counties,  so  far  as  not  inconsistent  or  not  prohibited  to 
cities,  shall  be  applicable  to  such  consolidated  government.  In  con- 
solidated city  and  county  governments,  of  more  than  one  hundred 
thousand  population,  there  shall  be  two  Boards  of  Supervisors  or 
houses  of  legislation — one  of  which,  to  consist  of  twelve  persons,  shall 
be  elected  by  general  ticket  from  the  city  and  county  at  large,  and 
shall  hold  office  for  the  term  of  four  years,  but  shall  be  so  classified 
that  after  the  first  election  only  six  shall  l)e  elected  every  two  years; 
the  other,  to  consist  of  twelve  persons,  shall  be  elected  every  two 
years,  and  shall  hold  office  for  the  term  of  two  years.  Any  vacancy 
occurring  in  the  office  of  Supervisor,  in  either  Board,  shall  be  filled 
by  the  Mayor  or  other  executive  officer. 

'•Sec.  8.  Any  city  containing  a  population  of  more  than  one  hun- 
dred thousand  inhabitants  may  frame  a  charter  for  its  own  govern- 
ment, consistent  with  and  subject  to  the  Constitution  and  laws  of  this 
State,  by  causing  a  Board  of  fifteen  freeholders,  who  shall  have  been 
for  at  least  five  years  qualified  electors  thereof,  to  be  elected  by  the 
qualified  voters  of  such  city,  at  any  general  or  special  election,  whose 
duty  it  shall  be,  within  ninety  days  after  such  election,  to  prepare 
and  propose  a  charter  for  such  city,  which  shall  be  signed  in  duplicate 

\ 

♦Amended,  1896. 
o  Amended.  1894. 
h  Amended,  1902 ;  new  section  8^,  1896 ;  further  amended,  1905. 


California— 1879  435 

by  the  memoers  of  such  Board,  or  a  majority  of  them,  and  returned, 
one  copy  thereof  to  the  Mayor,  or  other  chief  executive  officer  of  such 
city,  and  the  other  to  the  Recorder  of  Deeds  of  the  county.  Such 
proposed  charter  shall  then  be  published  in  two  daily  papers  of  gen- 
eral circulation  in  such  city  for  at  least  twenty  days,  and  within  not 
less  than  thirty  days  after  such  publication  it  shall  be  submitted  to 
the  qualified  electors  of  such  city  at  a  general  or  special  election, 
and  if  a  majority  of  such  qualified  electors  voting  thereat  shall  ratify 
the  same,  it  shall  thereafter  be  submitted  to  the  Legislature  for  its 
approval  or  rejection  as  a  whole,  without  power  of  alteration  or 
amendment,  and  if  approved  by  a  majority  vote  of  the  members 
elected  to  each  house,  it  shall  become  the  charter  of  such  city,  or  if 
such  city  be  consolidated  with  a  county,  then  of  such  city  and  county, 
and  shall  become  the  organic  law  thereof,  and  supersede  any  existing 
charter  and  all  amendments  thereof,  and  all  special  laws  inconsistent 
with  such  charter.  A  copy  of  such  charter,  certified  by  the  Mayor  or 
chief  executive  officer,  and  authenticated  by  the  seal  of  such  city, 
setting  forth  the  submission  of  such  charter  to  the  electors  and  its 
ratification  by  them,  shall  be  made  in  duplicate  and  deposited,  one 
in  the  office  of  the  Secretary  of  State,  the  other,  after  being  recorded 
in  the  office  of  the  Recorder  of  Deeds  of  the  county,  among  the 
archives  of  the  city ;  all  Courts  shall  take  judicial  notice  thereof.  The 
charter  so  ratified  may  be  amended  at  intervals  of  not  less  than  two 
years,  by  proposals  therefor,  submitted  by  legislative  authority  of 
the  city  to  the  qualified  voters  thereof,  at  a  general  or  special  election 
held  at  least  sixty  days  after  the  publication  of  such  proposals,  and 
ratified  by  at  least  three  fifths  of  the  qualified  electors  voting  thereat, 
and  approved  by  the  Legislature  as  herein  provided  for  the  approval 
of  the  charter.  In  submitting  any  such  charter,  or  amendment 
thereto,  any  alternative  article  or  proposition  may  be  presented  for 
the  choice  of  the  voters,  and  maj'^  be  voted  on  separately  without 
prejudice  to  others.  Any  city  containing  a  population  of  more  than 
ten  thousand  and  not  more  than  one  hundred  thousand  inhabitants, 
may  frame  a  charter  for  its  own  government,  consistent  with  and 
subject  to  the  Constitution  and  laws  of  this  State,  by  causing  a 
Board  of  fifteen  freeholders,  w^ho  shall  have  been  for  at  least  five 
years  qualified  electors  thereof,  to  be  elected  by  the  qualified  voters  of 
said  city,  at  any  general  or  special  election,  whose  duty  it  shall  be, 
within  ninety  days  after  such  election,  to  prepare  and  propose  a 
charter  for  such  city,  which  shall  be  signed  in  duplicate  by  the  mem- 
bers of  such  Board,  or  a  majority  of  them,  and  returned,  one  copj'^ 
thereof  to  the  Mayor,  or  other  chief  executive  of  said  city,  and  the 
other  to  the  Recorder  of  the  county.  Such  proposed  charter  shall 
then  be  published  in  two  daily  papers  of  general  circulation  in  such 
city  for  at  least  twenty  days ;  and  the  first  publication  shall  be  made 
within  twenty  days  after  the  completion  of  the  charter ;  and  within 
not  less  than  thirty  days  after  such  publication  it  shall  be  submitted 
to  the  qualified  electors  of  said  city,  at  a  general  or  special  election, 
and  if  a  majority  of  such  qualified  electors  voting  thereat  shall  ratify 
the  same,  it  shall  thereafter  be  submitted  to  the  Legislature  for  its 
approval  or  rejection  as  a  whole,  without  power  of  alteration  or 
amendment;  and  if  approved  by  a  majority  vote  of  the  members 
elected  to  each  house  it  shall  become  the  charter  of  such  city,  and  the 
organic  law  thereof,  and  shall  supersede  any  existing  charter,  and  any 
amendments  thereof,   and  all  special  laws  inconsistent  with  such 


436  Califoniw—187f) 

charter.  A  copy  of  such  charter,  certified  by  the  Mayor  or  chief  ex- 
ecutive officer,  and  authenticated  by  the  seal  of  such  city,  setting  forth 
the  submission  of  such  charter  to  the  electors,  and  its  ratification  by 
them,  shall  be  made  in  duplicate,  and  deposited,  one  in  the  office  of 
Secretary  of  State,  and  the  other,  after  m'mg  recorded  in  said  Re- 
corders office,  shall  be  deposited  in  the  archives  of  the  city;  and 
thereafter  all  Courts  shall  take  judicial  notice  of  said  charter.  The 
charter  so  ratified  may  be  amended,  at  intervals  of  not  less  than  two 
years,  by  proposals  therefor,  submitted  by  the  legislative  authority 
of  the  city  to  the  qualified  electors  thereof,  at  a  general  or  special  elec- 
tion held  at  least  sixty  days  after  the  publication  of  such  proposals, 
and  ratified  by  at  least  three  fifths  oi  the  qualified  electors  voting 
thereat,  and  approved  by  the  Legislature  as  herein  provided  for  the 
approval  of  the  charter.  In  submitting  any  such  charter,  or  amend- 
ment thereto,  any  alternative  article  or  proposition  may  be  presented 
for  the  choice  oi  the  voters,  and  may  be  voted  on  separately  without 
prejudice  to  others.     [Amendment  adopted  April  12,  1887.] 

Sec.  9.  The  compensation  of  any  county,  cit}',  town,  or  municipal 
officer  shall  not  be  increased  after  his  election  or  during  his  term  of 
office;  nor  shall  the  term  of  any  such  officer  be  extended  beyond  the 
period  for  which  he  is  elected  or  appointed. 

Sec.  10.  No  county,  city,  town,  or  other  public  or  municipal  cor- 
poration, nor  the  inhabitants  thereof,  nor  the  property  therein,  shall 
be  released  or  discharged  from  its  or  their  proportionate  share  of 
taxes  to  be  levied  for  State  purposes,  nor  shall  commutation  for  such 
taxes  be  authorized  in  any  form  whatsoever. 

Sec.  11.  Any  count}^  city,  town,  or  township  may  make  and  enforce 
within  its  limits  all  such  local,  police,  sanitary,  and  other  regulations 
as  are  hot  in  conflict  with  general  laws. 

Sec.  12.  The  Legislature  shall  have  no  power  to  impose  taxes  upon 
count ies,^  cities,  towns,  or  other  public  or  municipal  corporations,  or 
upon  the  inhabitants  or  property  thereof,  for  county,  city,  town,  or 
other  municipal  purposes,  but  may,  by  general  laws,  vest  in  the  cor- 
porate authorities  thereof  the  power  to  assess  and  collect  taxes  for 
such  purposes. 

Sec.  13.  The  Legislature  shall  not  delegate  to  any  special  commis- 
sion, private  corporation,  company,  association,  or  individual  any 
power  to  make,  control,  appropriate,  supervise,  or  in  any  way  inter- 
fere with  any  county,  city,  town,  or  municipal  improvement,  money, 
property,  or  effects,  whether  held  in  trust  or  otherwise,  or  to  levy 
taxes  or  assessments,  or  perform  any  municipal  functions  whatever. 

*  Sec.  14.  No  State  office  shall  he  continued  or  created  in  any 
county,  city,  town,  or  other  municipality,  for  the  inspection,  measure- 
ment, or  graduation  of  any  merchandise,  manufacture,  or  commodity; 
but  such  county,  city,  town,  or  municipality  may,  when  authorized  by 
general  law,  appoint  such  officers. 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for  the  pay- 
ment of  the  corporate  debt  of  any  political  or  municipal  corporation. 

Sec.  16.  All  moneys,  assessments,  and  taxes  belonging  to  or  col- 
lected for  the  use  of  any  county,  city,  town,  or  other  public  or  munici- 
pal corporation,  coming  into  the  hands  of  any  officer  thereof,  shall 
immediately  be  deposited  with  the  Treasurer,  or  other  legal  deposi- 

*  Amended,  uew  section  1.3},  190.5. 


California— 1879  437 

tary,  to  the  credit  of  such  city,  town,  or  other  corporation  respectively, 
for  the  benefit  of  the  funds  to  which  thev  respectively  belong. 
Sec.  17.*  The  making  of  profit  out  oi  county,  city,  town,  or  other 

f)ublic  money,  or  using  the  same  for  any  ])urpose  not  authorized  b}-^ 
aw,  by  any  officer  having  the  possession  or  control  thereof,  shall  be  a 
felony,  and  shall  be  prosecuted  and  punished  as  prescribed  Iw  law. 

Sec.  18.*  No  county,  city,  town,  township.  Board  of  Education,  or 
school  district  shall  incur  any  indebtedness  or  liability  in  any  manner, 
or  for  any  purpose,  exceeding  in  any  year  the  income  and  revenue 
provided  for  it  for  such  year,  without  the  assent  of  two  thirds  of  the 
qualified  electors  thereof,  voting  at  an  election  to  be  held  for  that  pur- 
pose, nor  unless,  before  or  at  the  time  of  incurring  such  indebtedness, 
provision  shall  be  made  for  the  collection  of  an  annual  tax  sufficient 
to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  to 
constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof 
within  twenty  years  from  the  time  of  contracting  the  same.  Any 
indebtedness  or  liability  incurred  contrary  to  this  provision  shall  be 
void. 

Sec.  19.  In  any  city  where  there  are  no  public  works  owned  and 
controlled  by  the  municipality  for  supplying  the  same  with  water  or 
artificial  light,  any  individual,  or  any  company  duly  incorporated 
for  such  purpose  under  and  by  authority  oi  the  laws  of  this  State, 
shall,  under  the  direction  of  the  Superintendent  of  Streets,  or  other 
officer  in  control  thereof,  and  under  such  general  regulations  as  the 
municipality  may  prescribe  for  damages  and  indemnity  for  dam- 
ages, have  the  privilege  of  using  the  public  streets  and  thorough- 
fares thereof,  and  of  laying  down  pipes  and  conduits  therein,  and 
connections  therewith,  so  far  as  may  be  necessary  for  introducing  into 
and  supplying  such  city  and  its  inhabitants  either  with  gaslight  or 
other  illuminating  light,  or  with  fresh  water  for  domestic  and  all  othei- 
purposes,  upon  the  condition  that  the  municipal  government  shall 
have  the  right  to  regulate  the  charges  thereof.  [Amendment  adopted 
November  4,  1884.J 

Article  XII 

CORPORATIONS 

Section  1.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  Act.  All  laws  now  in  force  in  this  State 
concerning  corporations,  and  all  laws  that  may  be  hereafter  passed 
pursuant  to  this  section,  may  be  altered  from  time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liability  of  the  corporators  and  other  means  as  may  be  prescribed  by 
law. 

Sec.  3.  Each  stockholder  of  a  corporation,  or  joint-stock  associa- 
tion, shall  be  individually  and  personally  liable  for  such  proportion 
of  all  its  debts  and  liabilities  contracted  or  incurred,  during  the  time 
he  was  a  stockholder,  as  the  amount  of  stock  or  shares  owned  by  him 
bears  to  the  whole  of  the  subscribed  capital  stock  or  shares  of  the 
corporation  or  association.  The  directors  or  trustees  of  corporations 
and  joint-stock  associations  shall  be  jointly  and  severally  liable  to 

♦Amended,  new  section  16^,  1905. 

a  Amended  1900 ;   further  amended  l^KXJ. 


43S  California— 1879 

the  creditors  and  stockholders  for  all  moneys  embezzled  or  misappro- 
propriated  by  the  officers  of  such  corporation  or  joint-stock  associa- 
tion, duriiig  the  term  of  such  director  or  trustee. 

Sec.  4.  The  term  corporations,  as  used  in  this  article,  shall  be  con- 
strued to  include  all  associations  and  joint-stock  companies  having 
any  of  the  powers  or  privileges  of  corporations  not  possessed  by  indi- 
viduals or  partnerships,  and  all  corporations  shall  nave  the  right  to 
sue  and  shall  be  subject  to  be  sued,  in  all  Courts,  in  like  cases  as 
natural  persons. 

Sec.  5.  The  Legislature  shall  have  no  power  to  pass  any  Act  grant- 
ing any  charter  for  banking  purposes,  but  corporations  or  associa- 
tions may  be  formed  for  such  purposes  under  general  laws.  No 
corporation,  association,  or  individual  shall  issue  or  put  into  circu- 
lation, as  money,  anything  but  the  lawful  money  of  the  United  States. 

Sec.  G.  All  existing  charters,  grants,  franchises,  special  or  exclu- 
sive privileges,  under  which  an  actual  and  bona  fide  organization 
shall  not  have  taken  place,  and  business  been  commenced  in  good 
faith,  at  the  time  of  tlie  adoption  of  this  Constitution,  shall  there- 
after have  no  validity. 

Sec.  T.  The  Legislature  shall  not  extend  any  franchise  or  charter, 
nor  remit  the  forfeiture  of  anv  franchise  or  charter,  of  any  corpora- 
tion now  existing,  or  which  shall  hereafter  exist,  under  the  laws  of 
this  State. 

Sec.  8.  The  exercise  of  the  right  of  eminent  domain  shall  never  be 
so  abridged  or  construed  as  to  prevent  the  Legislature  from  taking 
the  property  and  franchises  of  mcorporated  companies  and  subject- 
ing them  to  public  use  the  same  as  the  property  of  individuals,  and 
the  exercise  of  the  police  power  of  the  State  shall  never  be  so  abridged 
or  construed  as  to  permit  corporations  to  conduct  their  business  in 
such  manner  as  to  infringe  the  rights  of  individuals  or  the  general 
well-being  of  the  State. 

Sec.  9.  No  corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter,  or  the  law  under  which  it  may 
have  been  or  may  hereafter  be  organized;  nor  shall  it  hold  for  a 
longer  period  than  five  years  any  real  estate  except  such  as  may  be 
necessary  for  carrying  on  its  business. 

Sec.  10.  The  Legislature  shall  not  pass  any  laws  permitting  the 
leasing  or  alienation  of  anv  franchise,  so  as  to  relieve  the  franchise 
or  property  held  thereunder  from  the  liabilities  of  the  lessor  or 
grantor,  lessee  or  grantee,  contracted  or  incurred  in  the  operation, 
use,  or  enjoyment  of  such  iranchise,  or  any  of  its  privileges. 

Sec.  11.  No  corporation  shall  issue  stock  or  bonds,  except  for  money 
paid,  labor  done,  or  property  actually  received,  and  all  fictitious 
increase  of  stock  or  indebtedness  shall  be  void.  The  stock  and 
bonded  indebtedness  of  corporations  shall  not  be  increased  except 
in  pursuance  of  general  law,  nor  without  the  consent  of  the  persons 
holding  the  larger  amount  in  value  of  the  stock,  at  a  meeting  called 
for  that  purpose,  giving  sixty  days'  public  notice,  as  may  be  provided 
by  law. 

Sec.  12.  In  all  elections  for  directors  or  managers  of  corporations 
every  stockholder  shall  have  the  right  to  vote,  in  person  or  by  proxy, 
the  number  of  shares  of  stock  owned  by  him,  for  as  many  persons  as 
there  are  directors  or  managers  to  be  elected,  or  to  cumulate  said 
shares  and  give  one  candidate  as  many  votes  as  the  number  of 


California— 1879  439 

directors  multiplied  by  the  number  of  his  shares  of  stock  shall  equal, 
or  to  distribute  them,  on  the  same  principle,  among  as  many  candi- 
dates as  he  may  think  fit;  and  such  directors  or  managers  shall  not 
be  elected  in  any  other  manner,  except  that  members  of  cooperative 
societies  formed  for  agricultural,  mercantile,  and  manufacturing  pur- 
poses may  vote  on  all  questions  affecting  such  societies  in  manner 
prescribed  by  law. 

Sec.  13.  The  State  shall  not,  in  any  manner,  loan  its  credit,  nor 
shall  it  subscribe  to  or  be  interested  in  the  stock  of  any  company, 
association,  or  corporation. 

Sec.  14.  Every  corporation,  other  than  religious,  educational,  or 
benevolent,  organized  or  doing  business  in  this  State,  shall  have  and 
maintain  an  office  or  place  in  this  State  for  the  transaction  of  its 
business,  where  transfers  of  stock  shall  be  made,  and  in  which  shall 
be  kept  for  inspection,  by  every  person  having  an  interest  therein, 
and  legislative  committees,  books  in  which  shall  be  recorded  the 
amount  of  capital  stock  subscribed,  and  by  whom;  the  names  of  the 
owners  of  its  stock,  and  the  amounts  owned  by  them  respectively ;  the 
amount  of  stock  paid  in,  and  by  whom;  the  transfers  of  stock;  the 
amount  of  its  assets  and  liabilities,  and  the  names  and  place  of  resi- 
dence of  its  officers. 

Sec.  15.  No  corporation  organized  outside  the  limits  of  this  State 
shall  be  allowed  to  transact  business  within  this  State  on  more  favor- 
able conditions  than  are  prescribed  by  law  to  similar  corporations 
organized  under  the  laws  of  this  State. 

Sec.  16.  A  corporation  or  association  may  be  sued  in  the  county 
where  the  contract  is  made  or  is  to  be  performed,  or  where  the  obli- 
gation or  liability  arises  or  the  breach  occurs;  or  in  the  county  where 
the  principal  place  of  business  of  such  corporation  is  situated,  sub- 
ject to  the  power  of  the  Court  to  change  the  place  of  trial,  as  in 
other  cases. 

Sec.  17.  All  railroad,  canal,  and  other  transportation  companies 
are  declared  to  be  common  carriers,  and  subject  to  legislative  control. 
Any  association  or  corporation,  organized  for  the  purpose,  under 
the  laws  of  this  State,  shall  have  the  right  to  connect  at  the  State 
line  with  railroads  of  other  States.  Every  railroad  company  shall 
have  the  right  with  its  road  to  intersect,  connect  with,  or  cross  any 
other  railroad,  and  shall  receive  and  transport , each  the  others 
passengers,  tonnage,  and  cars,  without  delay  or  discrimination. 

Sec.  18.  No  president,  director,  officer,  agent,  or  employe  of  any 
railroad  or  canal  company  shall  be  interested,  directly  or  indirectly, 
in  the  furnishing  of  material  or  supplies  to  such  company,  nor  m 
the  business  of  transportation  as  a  common  carrier  of  freight  or  pas- 
sengers over  the  works  owned,  leased,  controlled,  or  worked  by  such 
company,  except  such  interest  in  the  business  of  transportation  as 
lawfully  flows  from  the  ownership  of  stock  therein. 

Sec.  19.  No  railroad  or  other  transportation  company  shall  grant 
free  passes,  or  passes  or  tickets  at  a  discount,  to  any  person  holding 
any  office  of  honor,  trust,  or  profit  in  this  State;  and  the  acceptance 
of  any  such  pass  or  ticket  by  a  member  of  the  Legislature  or  any 
public  officer,  other  than  Railroad  Commissioner,  shall  work  a  for- 
feiture of  his  office. 

Sec.  20.  No  railroad  company  or  other  common  carrier  shall  com- 
bine or  make  any  contract  with  the  owners  of  any  vessel  that  leaves 


440  Cnlifomw— 187,9 

port  or  makes  port  in  this  State,  or  with  any  common  carrier,  by 
which  combination  or  contract  the  earnings  of  one  doing  the  carrying 
are  to  l)e  shared  by  the  other  not  doing  the  carrying.  And  whenever 
a  railroad  corporation  shall,  for  the  purpose  of  competing  with  any 
other  common  carrier,  lower  its  rates  tor  transportation  of  passengers 
or  freight  from  one  point  to  another,  such  reauced  rates  shall  not  be 
again  raised  or  increased  from  such  standard  without  the  consent  of 
the  governmental  authority  in  which  shall  be  vested  the  power  to 
regulate  fares  and  freights. 

Sec.  21.  No  discrimination  in  charges  or  facilities  for  transporta- 
tion shall  be  made  by  an}'  railroad  or  other  transportation  company 
between  places  or  persons,  or  in  the  facilities  for  the  transportation 
of  the  same  classes  of  freight  or  passengers  within  this  State,  or 
coming  from  or  going  to  any  other  State.  Persons  and  property 
transported  over  any  railroad,  or  by  any  other  transportation  com- 
pany or  individual,  shall  be  delivered  at  any  station,  landing,  or 
port,  at  charges  not  exceeding  the  charges  for  the  transportation  of 
persons  and  property  of  the  same  class,  in  the  same  direction,  to  any 
more  distant  station,  port,  or  landing.  Excursion  and  commutation 
tickets  may  be  issued  at  special  rates. 

Sec.  22.  The  State  will  be  divided  into  three  districts  as  nearly 
equal  in  population  as  practicable,  in  each  of  which  one  Railroad 
Commissioner  shall  be  elected  by  the  qualified  electors  thereof  at  the 
regular  gubernatorial  elections,  whose  salary  shall  be  fixed  by  law," 
and  whose  term  of  office  shall  be  four  years,  commencing  on  the  first 
Mondav  after  the  first  day  of  January  next  succeeding  tneir  election. 
Said  (Commissioners  shall  be  qualified  electors  of  this  State  and  of 
the  district  from  which  they  are  elected,  and  shall  not  be  interested 
in  any  railroad  corporation,  or  other  transportation  company,  as 
stockholder,  creditor,  agent,  attorney,  or  employe;  an(}  the  act  of  a 
majority  of  said  Commissioners  shall  l)e  deemed  the  act  of  said  Com- 
mission. Said  Commissioners  shall  have  the  power,  and  it  shall  be 
their  duty,  to  establish  rates  of  charges  for  the  transportation  of  pas- 
sengers and  freight  by  railroad  or  other  transportation  companies, 
and  publish  the  same  from  time  to  time,  Avith  such  changes  as  they 
may  make ;  to  examine  the  books,  records,  and  papers  of  all  railroad 
and  other  transportation  companies,  and  for  this  purpose  they  shall 
have  power  to  issue  subpcenas  and  all  other  necessary  process;  to  hear 
and  determine  complaints  against  railroad  and  other  transportation 
companies,  to  send  for  i)ersons  and  papers,  to  administer  oaths,  take 
testimony,  and  punish  for  contempt  of  their  orders  and  processes,  in 
the  same  manner  and  to  the  same  extent  as  Courts  of  record,  and  en- 
force their  decisions  and  correct  abuses  through  the  medium  of  the 
Courts.  Said  Commissioners  shall  prescrilie  a  uniform  system  of 
accounts  to  be  kept  by  all  such  corporations  and  companies.  Any 
railroad  corporation  or  transportation  company  which  shall  fail  or 
refuse  to  conform  to  such  rates  as  shall  be  established  by  such  Com- 
missioners, or  shall  charge  rates  in  excess  thereof,  or  shall  fail  to  keep 
their  accounts  in  accordance  with  the  system  prescribed  by  the  Com- 
mission, shall  be  fined  not  exceeding  twenty  thousand  dollars  for  each 
offense;  and  every  officer,  agent,  or  employe  of  any  such  corporation 
or  company,  who  shall  demand  or  receive  rates  in  excess  thereof,  or 
who  shall  m  any  manner  violate  the  provisions  of  this  section,  shall 
be  fined  not  exceeding  five  thousand  dollars,  or  be  imprisoned  in  the 


California— 1879  441 

county  jail  not  exceeding  one  year.  In  all  controversies,  civil  or 
criminal,  the  rates  of  fares  and  freights  established  by  said  Com- 
mission shall  be  deemed  conclusively  just  and  reasonable,  and  in  any 
action  against  such  corporation  or  company  for  damages  sustained 
by  charging  excessive  rates,  the  plaintiff,  in  addition  to  the  actual 
damage,  may,  in  the  discretion  of  the  Judge  or  jury,  recover  ex- 
emplary damages.  Said  Commission  shall  report  to  the  Governor, 
annually,  their  proceedings,  and  such  other  facts  as  may  be  deemed 
important.  Xothing  in  this  section  shall  prevent  individuals  from 
maintaining  actions  against  any  of  such  companies.  The  Legisla- 
ture may,  in  addition  to  any  penalties  herein  prescribed,  enforce  this 
article  by  forfeiture  of  charter  or  otherwise,  and  may  confer  such 
further  powers  on  the  Commissioners  as  shall  be  necessary  to  enable 
them  to  perform  the  duties  enjoined  on  them  in  this  and  the  forego- 
ing section.  The  Legislature  shall  have  power,  by  a  two-thirds  vote 
of  all  the  members  elected  to  each  house,  to  remove  any  one  or  more 
of  said  Commissioners  from  office,  for  dereliction  of  duty,  or  corrup- 
tion, or  incompetency;  and  whenever,  from  any  cause,  a  vacancy  in 
office  shall  occur  in  said  Commission,  the  Governor  shall  fill  the  same 
by  the  appointment  of  a  qualified  person  thereto,  who  shall  hold  office 
for  the  residue  of  the  unexpired  term,  and  until  his  successor  shall 
have  been  elected  and  qualified. 

Sec.  23.  Until  the  Legislature  shall  district  the  State,  the  follow- 
ing shall  be  the  railroad  districts:  The  First  District  shall  be  com- 
posed of  the  Counties  of  Alpine,  Amador,  Butte,  Calaveras,  Colusa, 
Del  Xorte,  El  Dorado,  Humboldt,  Lake,  Lassen,  Mendocino,  Modoc, 
Napa,  Nevada,  Placer,  Plumas,  Sacramento,  Shasta,  Sierra,  Siskiyou, 
Solano,  Sonoma,  Sutter,  Tehama,  Trinity,  Yolo,  and  Yuba,  from 
which  one  Railroad  Commissioner  shall  be  elected.  The  Second  Dis- 
trict shall  be  composed  of  the  Counties  of  Marin,  San  Francisco,  and 
San  Mateo,  from  which  one  Eailroad  Commissioner  shall  be  elected. 
The  Third  District  shall  be  composed  of  the  Counties  of  Alameda, 
Contra  Costa,  Fresno,  Inyo,  Kern,  Los  Angeles,  Mariposa,  Merced, 
Mono,  Monterey,  San  Benito,  San  Bernardino,  San  Diego,  San 
Joaquin,  San  Luis  Obispo,  Santa  Barbara,  Santa  Clara,  Santa  Cruz, 
Stanislaus,  Tulare,  Tuolumne,  and  Ventura,  from  which  one  Railroad 
Commissioner  shall  be  elected. 

Sec.  24.  The  Legislature  shall  pass  all  laws  necessary  for  the  en- 
forcement of  the  provisions  of  this  article. 

Article  XIII 

REVENUE   AND   TAXATION 

*  Section  1.  All  property  in  the  State,  not  exempt  under  the  laws 
of  the  United  States,  shall  be  taxed  in  proportion  to  its  value,  to  be 
ascertained  as  provided  by  law.  The  word  "property,"  as  used  in 
this  article  and  section,  is  hereby  declared  to  include  moneys,  credits, 
bonds,  stocks,  dues,  franchises,  and  all  other  matters  and  things,  real, 
personal,  and  mixed,  capable  of  private  ownership;  provided^  that 
growing  crops,  property  used  exclusively  for  public  schools,  and  such 
as  may  belong  to  the  United  States,  this  State,  or  to  any  county  or 

*  Amended,  1894 ;  new  sections  H,  1900,  If,  1902. 


442  California— 1879 

municipal  corporation  within  this  State,  shall  l)e  exempt  from  taxa- 
tion. The  Legislature  may  provide,  except  in  case  of  credits  secured 
by  mortgage  or  trust  deed,  lor  a  reduction  from  credits  of  debts  due 
bona  fide  residents  of  this  State. 

Sec.  2.  Land,  and  the  improvements  thereon,  shall  be  separately 
assessed.  Cultivated  and  uncultivated  land,  of  the  same  quality,  and 
similarly  situated,  shall  be  assessed  at  the  same  value. 

Sec.  3.  Every  tract  of  land  containing  more  thaji  six  hundred  and 
forty  acres,  and  wliich  has  been  sectionized  by  the  United  States 
Government,  shall  be  assessed,  for  the  purposes  of  taxation,  by  sections 
or  fractions  of  sections.  The  Legislature  shall  provide  by  law  for  the 
assessment,  in  small  tracts,  of  all  lands  not  sectionized  by  the  United 
States  Government. 

Sec.  4.  A  mortgage,  deed  of  trust,  contract,  or  other  obligation  by 
which  a  debt  is  secured,  shall,  for  the  purposes  of  assessment  and  tax- 
ation, be  deemed  and  treated  as  an  interest  in  the  property  affected 
thereby.  Except  as  to  railroad  and  other  quasi  public  corporations, 
in  case  of  debt  so  secured,  the  value  of  the  property  affected  by  such 
mortgage,  deed  of  trust,  contract,  or  obligation,  less  the  value  of 
such  security,  shall  be  assessed  and  taxed  to  the  owner  of  the  prop- 
erty, and  the  value  of  such  security  shall  be  assessed  and  taxed  to  the 
owner  thereof,  in  the  county,  city,  or  district  in  which  the  property 
affected  thereby  is  situate.  The  taxes  so  levied  shall  be  a  hen  upon 
the  property  and  security,  and  may  be  paid  by  either  part}^  to  such 
security;  if  paid  by  the  owner  of  the  security,  the  tax  so  levied  upon 
the  property  affected  thereby  shall  l)ecome  a  part  of  the  debt  so  se- 
cured; if  the  owner  of  the  property  shall  pay  the  tax  so  levied  on 
such  security,  it  shall  constitute  a  j^ayment  thereon,  and  to  the  extent 
of  such  payment,  a  full  discharge  thereof;  p7'0Vfdcd,  that  if  any  such 
security  or  indebtedness  shall  Iw  paid  by  such  debtor  or  debtors,  after 
assessment  and  l>efore  the  tax  levy,  the  amount  of  such  levy  may  like- 
wise be  retained  by  such  debtor  or  debtors,  and  shall  be  computed 
according  to  the  tax  levy  of  the  preceding  year. 

*  Sec.  5.  Every  contract  hereafter  made,  by  which  a  debtor  is  ob- 
ligated to  pay  any  tax  or  assessment  on  money  loaned,  or  on  any 
mortgage,  deed  of  trust,  or  other  lien,  shall,  as  to  any  interest  speci- 
fied therein,  and  as  to  such  tax  or  assessment,  be  null  and  void. 

Sec.  6.  The  power  of  taxation  shall  never  be  surrendered  or  sus- 
pended by  any  grant  or  contract  to  which  the  State  shall  be  a  party. 

Sec.  7.  The  legislature  shall  have  the  power  to  provide  by  law  for 
the  payment  of  all  taxes  on  real  property  by  installments. 

Sec.  8.  The  Legislature  shall  by  law  require  each  taxpayer  in  this 
State  to  make  and  deliver  to  the  County  Assessor,  annually,  a  state- 
ment, under  oath,  setting  forth  specifically  all  the  real  and  personal 
property  owned  by  such  taxpayer,  or  in  his  possession,  or  under  his 
control,  at  twelve  o'clock  meridian  on  the  first  Monday  of  March. 

Sec.  9.  A  State  Board  of  Equalization,  consisting  of  one  memljer 
from  each  Congressional  District  in  this  State,  as  the  same  existed 
in  eighteen  hundred  and  seventy-nine,  shall  be  elected  by  the  qualified 
electors  of  their  respective  districts,  at  the  general  election  to  be  held 
in  the  year  one  thousand  eight  hundred  and  eighty-six,  and  at  each 
gubernatorial  election  thereafter,  whose  term  of  office  .shall  be  for 

*  Repealed  by  amendment,  1906. 


California--1879  443 

four  years;  whose  duty  it  shall  be  to  equalize  the  valuation  of  the 
taxable  property  in  the  several  counties  of  the  State  for  the  purposes 
of  taxation.  The  Controller  of  State  shall  be  ex  officio  a  member  of 
the  Board.  The  Boards  of  Supervisors  of  the  several  counties  of  the 
State  shall  constitute  Boards  of  Equalization  for  their  respective 
counties,  whose  duty  it  shall  be  to  equalize  the  valuation  of  the  tax- 
able property  in  the  county  for  the  purpose  of  taxation;  provided, 
such  State  and  County  Boards  of  Equalization  are  hereby  authorized 
and  empowered,  under  such  rules  of  notice  as  the  County  Boards 
may  prescribe  as  to  the  action  of  the  State  Board,  to  increase  or  lower 
the  entire  assessment  roll,  or  any  assessment  contained  therein,  so 
as  to  equalize  the  assessment  of  the  property  contained  in  said  assess- 
ment roll,  and  make  the  assessment  conform  to  the  true  value  in 
money  of  the  property  contained  in  said  roll ;  provided,  that  no  Board 
of  Equalization  shall  raise  any  mortgage,  deed  of  trust,  contract,  or 
other  obligation  by  which  a  debt  is  secured,  money,  or  solvent  credits, 
above  its  face  value.  The  present  State  Board  of  Equalization  shall 
continue  in  office  until  their  successors,  as  herein  provided  for,  shall  be 
elected  and  shall  (jualif3\  The  Legislature  shall  have  power  to 
redistrict  the  State  into  four  districts,  as  nearly  equal  in  population 
as  practical,  and  to  provide  for  the  elections  of  members  of  said  Board 
of  Equalization,     [Amendment  adopted  November  4,  1884.] 

Sec.  10.  All  property,  except  as  hereinafter  in  this  section  pro- 
vided, shall  be  assessed  in  the  county,  city,  city  and  county,  town, 
township,  or  district  in  which  it  is  situated,  in  the  manner  prescribed 
by  law.  The  franchise,  roadway,  roadbed,  rails,  and  rolling  stock 
of  all  railroads  operated  in  more  than  one  county  in  this  State  shall 
be  assessed  by  the  State  Board  of  Equalization  at  their  actual  value, 
and  the  same  shall  be  apportioned  to  the  counties,  cities  and  counties, 
cities,  towns,  townships,  and  districts  in  which  such  railroads  are 
located,  in  proportion  to  the  number  of  miles  of  railway  laid  in  such 
counties,  cities  and  counties,  cities,  towns,  townships,  and  districts. 

Sec.  11.  Income  taxes  may  be  assessed  to  and  collected  from  per- 
sons, corporations,  joint  stock  associations,  or  companies  resident  or 
doing  business  in  this  State,  or  any  one  or  more  of  them,  in  such 
cases  and  amounts,  and  in  such  manner,  as  shall  be  prescribed  by  law. 

Sec.  12.  The  Legislature  shall  provide  for  the  levy  and  collection 
of  an  annual  poll  tax,  of  not  less  than  two  dollars,  on  every  male 
inhabitant  of  this  State  over  twenty-one  and  under  sixty  years  of 
age,  except  paupers,  idiots,  insane  persons,  and  Indians  not  taxed. 
Said  tax  shall  be  paid  into  the  State  School  Fund. 

Sec.  13.  The  Legislature  shall  pass  all  laws  necessary  to  carry  out 
the  provisions  of  this  article. 

Article  XIV 

WATER   AND   ^VATER   RIGHTS 

Section  1.  The  use  of  all  water  now  appropriated,  or  that  may 
hereafter  be  appropriated,  for  sale,  rental,  or  distribution,  is  hereby 
declared  to  be  a  public  use,  and  subject  to  the  regulation  and  control 
of  the  State,  in  the  manner  to  be  prescribed  by  law ;  provided,  that 
the  rates  or  compensation  to  be  collected  by  any  person,  company,  or 
corporation  in  this  State  for  the  use  of  water  supplied  to  any  city  and 


444  California— 1879 

county,  or  city,  or  town,  or  the  inhabitants  thereof,  shall  be  fixed,  annu- 
ally, by  the  Board  of  Supervisors,  or  City  and  County,  or  City, or  Town 
Council,  or  other  governing  body  of  such  city  and  county,  or  city,  or 
town,  by  ordinance  or  otherwise,  in  the  manner  that  other  ordinances, 
or  legislative  acts  or  resolutions  are  passed  by  such  body,  and  shall 
continue  in  force  for  one  year  and  no  longer.  Such  ordinances  or 
resolutions  shall  be  passed  in  the  month  oi  February  of  each  year, 
and  take  effect  on  the  first  day  of  July  thereafter.  Any  Board  or 
body  failing  to  pass  the  necessary  ordinances  or  resolutions  fixing 
water  rates,  where  necessary,  within  such  time,  shall  be  subject  to 
peremptory  process  to  compel  action,  at  the  suit  of  any  party  inter- 
ested, and  shall  be  liable  to  such  further  processes  and  penalties  as 
the  Legislature  may  prescril^e.  Any  person,  company,  or  corporation 
collecting  water  rates  in  any  city  and  county,  or  city,  or  town  in  this 
State,  otherwise  than  as  so  established,  shall  forfeit  the  franchises 
and  waterworks  of  such  person,  company,  or  corporation  to  the  city 
and  county,  or  city,  or  town,  where  the  same  are  collected,  for  the 
public  use. 

Sec.  2.  The  right  to  collect  rates  or  compensation  for  the  use  of 
water  supplied  to  any  county,  city  and  county,  or  town,  or  the  in- 
habitants thereof,  is  a  franchise,  and  cannot  be  exercised  except  by 
authority  of  and  in  the  manner  prescribed  by  law. 

Article  XV 

HARBOR   FRONTAGES,   ETC 

Section  1.  The  right  of  eminent  domain  is  hereby  declared  to 
exist  in  this  State  to  all  frontages  on  the  navigable  waters  of  this 
State. 

Sec.  2.  No  individual,  partnership,  or  corporation,  claiming  or 
possessing  the  frontage  or  tidal  lands  of  a  harbor,  bay,  inlet,  estu- 
ary, or  other  navigable  water  in  this  State,  shall  be  permitted  to 
exclude  the  right  of  way  to  such  water  whenever  it  is  required  for 
any  public  purpose,  nor  to  destroy  or  obstruct  the  free  navigation  of 
such  water;  and  the  Legislature  shall  enact  such  laws  as  will  give 
the  most  liberal  construction  to  this  provision,  so  that  access  to  the 
navigable  waters  of  this  State  shall  be  always  attainable  for  the 
people  thereof. 

Sec.  3.  All  tide  lands  within  two  miles  of  any  incorporated  city  or 
town  of  this  State  and  fronting  on  the  waters  of  any  harbor,  estuary, 
bay,  or  inlet,  used  for  the  purposes  of  navigation,  shall  be  withheld 
from  grant  or  sale  to  private  persons,  partnerships,  or  corporations. 

Article  XVI 

state  indebtedness 

Section  1.  The  Legislature  shall  not,  in  any  manner,  create  any  debt 
or  debts,  liability  or  liabilities,  which  shall,  singly  or  in  the  aggregate 
with  any  previous  debts  or  liabilities,  exceed  the  sum  of  three  hundred 
thousand  dollars,  except  in  case  of  war  to  repel  invasion  or  suppress 
insurrection,  unless  the  same  shall  be  authorized  by  law  for  some 
single  object  or  work  to  be  distinctly  specified  therein,  which  law 


California— 1879  445 

shall  provide  ways  and  means,  exclusive  of  loans,  for  the  payment  of 
the  interest  of  such  debt  or  liability  as  it  falls  due,  and  also  to  pay 
and  discharge  the  principal  of  such  debt  or  liability  within  twenty 
years  of  the  time  of  the  contracting  thereof,  and  shall  be  irrepealable 
until  the  principal  and  interest  thereon  shall  be  paid  and  discharged ; 
but  no  such  law  shall  take  effect  until,  at  a  general  election,  it  shall 
have  been  submitted  to  the  people  and  shall  have  received  a  majority 
of  all  the  votes  cast  for  and  against  it  at  such  election ;  and  all  moneys 
raised  by  authority  of  such  law  shall  be  applied  only  to  the  specific 
object  therein  stated,  or  to  the  payment  of  the  debt  thereby  created, 
and  such  law  shall  be  published  in  at  least  one  newspaper  in  each 
county,  or  city  and  county,  if  one  be  published  therein,  throughout 
the  State,  for  three  months  next  preceding  the  election  at  which  it  is 
submitted  to  the  people.  The  Legislature  may  at  any  time  after  the 
approval  of  such  law  by  the  people,  if  no  debt  shall  have  been  con- 
tracted in  pursuance  thereof,  repeal  the  same. 

Article  XVII 

LAND   AND    HOMESTEAD   EXEMPTION 

Section.  1.  The  Legislature  shall  protect,  by  law,  from  forced  sale, 
a  certain  portion  of  the  homestead  and  other  property  of  all  heads  of 
families. 

Sec.  2.  The  holding  of  large  tracts  of  land,  uncultivated  and  unim- 
proved, by  individuals  or  corporations,  is  against  the  public  interest, 
and  should  be  discouraged  by  all  means  not  inconsistent  with  the 
rights  of  private  property. 

Sec.  3.  Lands  belonging  to  this  State,  which  are  suitable  for  culti- 
vation, shall  be  granted  only  to  actual  settlers,  and  in  quantities  not 
exceeding  three  hundred  and  twenty  acres  to  each  settler  under  such 
conditions  as  shall  be  prescribed  by  law. 

Article  XVIII 
amending  and  revising  the  constitution 

Section  1.  An,v  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  or  Assembly,  and  if  two  thirds  of  all  the 
members  elected  to  each  of  the  two  houses  shall  vote  in  favor  thereof, 
such  proposed  amendment  or  amendments  shall  be  entered  in  their 
Journals,  with  the  yeas  and  nays  taken  thereon;  and  it  shall  be  the 
duty  of  the  Legislature  to  submit  such  proposed  amendment  or 
amendments  to  the  people  in  such  manner,  and  at  such  time,  and  after 
such  publication  as  may  be  deemed  expedient.  Should  more  amend- 
ments than  one  be  submitted  at  the  same  election,  they  shall  be  so 
prepared  and  distinguished,  by  numbers  or  otherwise,  that  each  can 
be  voted  on  separatdy.  If  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  or  any  of  them,  by  a  majority  of  the 
qualified  electors  voting  thereon,  such  amendment  or  amendments 
shall  become  a  part  of  this  Constitution. 

Sec.  2.  Whenever  two  thirds  of  the  members  elected  to  each 
branch  of  the  Legislature  shall  deem  it  necessary  to  revise  this  Con- 
stitution, they  shall  recommend  to  the  electors  to  vote  at  the  next  gen- 
7251— VOL  1—07 31 


446  California— 1879 

eral  election  for  or  against  a  Convention  for  that  purpose,  and  if  a 
majority  of  the  electors  voting  at  such  election  on  the  proposition  for 
a  Convention  shall  vote  in  favor  thereof,  the  Legislature  shall,  at  its 
next  session,  provide  by  law  for  calling  the  same.  The  Convention 
shall  consist  of  a  number  of  delegates  not  to  exceed  that  of  both 
branches  of  the  Legislature,  who  shall  be  chosen  in  the  same  manner, 
and  have  the  same  qualifications,  as  members  of  the  Legislature.  The 
delegates  so  elected  shall  meet  within  three  months  after  their  elec- 
tion, at  such  place  as  the  Legislature  ma}'  direct.  iVt  a  special  elec- 
tion to  be  ])rovided  for  by  law,  the  Constitution  that  may  be  agreed 
upon  by  such  Convention  shall  be  submitted  to  the  people  for  their 
ratification  or  rejection,  in  such  manner  as  the  Convention  may  deter- 
mine. The  returns  of  such  election  shall,  in  such  manner  as  the  Con- 
vention shall  direct,  l)e  certified  to  the  Executive  of  the  State,  who 
shall  call  to  his  assistance  the  Controller,  Treasurer,  and  Secretary  of 
State,  and  compare  the  returns  so  certified  to  him;  and  it  shall  be 
the  duty  of  the  Executive  to  declare,  by  his  proclamation,  such  Con- 
stitution as  may  have  been  ratified  by  a  majority  of  all  the  votes  cast 
at  such  special  election  to  be  the  Constitution  of  the  State  of  Cali- 
fornia. 

Article  XIX 

CHINESE 

Section  1.  The  Legislature  shall  prescribe  all  necessary  regida- 
tions  for  the  protection  of  the  State,  and  the  counties,  cities,  and 
towns  thereof,  from  the  burdens  and  evils  arising  from  the  presence 
of  aliens,  who  are  or  may  become  vagrants,  paupers,  mendicants, 
criminals,  or  invalids  afflicted  with  contagious  or  infectious  diseases, 
and  from  aliens  otherwise  dangerous  or  detrimental  to  the  well-being 
or  peace  of  the  State,  and  to  impose  conditions  upon  which  such  per- 
sons may  reside  in  the  State,  and  provide  the  means  and  mode  of 
their  removal  from  the  State,  upon  failure  and  refusal  to  comply 
with  such  conditions;  provided^  that  nothing  contained  in  this  sec- 
tion shall  be  construed  to  impair  or  limit  the  power  of  the  Legislature 
to  pass  such  police  laws  or  other  re^ilations  as  it  may  deem  necessary. 

Sec.  2.  No  corporation  now  existing  or  hereafter  formed  under 
the  laws  of  this  State  shall,  after  the  adoption  of  this  Constitution, 
employ,  directly  or  indirectly,  in  any  capacity,  any  Chinese  or  Mon- 
golian. The  Legislature  shall  pass  such  laws  as  may  be  necessary 
to  enforce  this  provision. 

Sec.  3.  No  Chinese  shall  be  employed  on  any  State,  county,  muni- 
cipal, or  other  public  work,  except  in  punishment  for  crime. 

Sec.  4.  The  presence  of  foreigners  ineligible  to  become  citizens  of 
the  United  States  is  declared  to  be  dangerous  to  the  well-being  of  the 
State,  and  the  Legislature  shall  discourage  their  immigration  by  all 
the  means  within  its  power.  Asiatic  coolieism  is  a  form  of  human 
slavery,  and  is  forever  prohibited  in  this  State,  and  all  contracts  for 
coolie  labor  shall  be  void.  All  companies  or  corporations,  whether 
formed  in  this  country  or  any  foreign  country,  for  the  importation 
of  such  labor,  shall  be  subject  to  such  penalties  as  the  Legislature 
may  prescribe.  The  Legislature  shall  delegate  all  necessary  power 
to  the  incorporated  cities  and  towns  of  this  State  for  the  removal  of 
Chinese  without  the  limits  of  such  cities  and  towns,  or  for  their  loca- 


California— 1879  447 

tion  within  prescribed  portions  of  those  limits,  and  it  shall  also  pro- 
vide the  necessary  legislation  to  prohibit  the  introduction  into  this 
State  of  Chinese  after  the  adoption  of  the  Constitution.  This  sec- 
tion shall  be  enforced  by  appropriate  legislation. 

Article  XX 

MISCELLANEOUS   SUBJECTS 

Section  1.  The  City  of  Sacramento  is  hereby  declared  to  be  the 
seat  of  government  of  this  State,  and  shall  so  remain  until  changed 
by  law;  but  no  law  changing  the  seat  of  government  shall  be  valid 
or  binding  unless  the  same  be  approved  and  ratified  by  a  majority 
of  the  qualified  electors  of  the  State  voting  therefor  at  a  general 
State  election,  under  such  regulations  and  provisions  as  the  Legisla- 
ture, by  a  two-thirds  vote  of  each  house,  may  provide,  submitting 
the  question  of  change  to  the  people. 

Sec.  2.  Any  citizen  of  this  State  who  shall,  after  the  adoption  of 
this  Constitution,  fight  a  duel  with  deadly  weapons,  or  send  or  accept 
a  challenge  to  fight  a  duel  with  deadly  weapons,  either  within  this 
State  or  out  of  it,  or  who  shall  act  as  second,  or  knowingly  aid  or 
assist  in  any  manner  those  thus  offending,  shall  not  be  allowed  to 
hold  any  office  of  profit,  or  to  enjoy  the  right  of  suffrage  under  this 
Constitution. 

Sec.  3.  Members  of  the  Legislature,  and  all  officers,  executive  and 
judicial,  except  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  upon  the  duties  of  their  respective  offices, 
take  and  subscribe  the  following  oath  or  affirmation : 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitution 
of  the  State  of  California,  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  qualifi- 
cation for  any  office  of  public  trust. 

Sec.  4.  All  officers  or  Commissioners  whose  election  or  appointment 
is  not  provided  for  by  this  Constitution,  and  all  officers  or  Commis- 
sioners whose  offices  or  duties  may  hereafter  be  created  h\  law,  shall 
be  elected  by  the  people,  or  appointed,  as  the  Legislature  may  direct. 

Sec.  5.  The  fiscal  year  shall  commence  on  the  first  day  of  July. 

Sec.  6.  Suits  may  be  brought  against  the  State  in  such  manner  and 
in  such  Courts  as  shall  be  directed  by  law. 

Sec.  T.  No  contract  of  marriage,  if  otherwise  duly  made,  shall  be 
invalidated  for  want  of  conformity  to  the  requirements  of  any  reli- 
gious sect. 

Sec.  8.  All  property',  real  and  personal,  owned  by  either  husband 
or  wife,  before  marriage,  and  that  acquired  by  either  of  them  after- 
w^ard  by  gift,  devise,  or  descent,  shall  be  their  separate  property. 

Sec.  9.  Xo  perpetuities  shall  be  allowed  except  for  eleemosynary 
purposes. 

Sec.  10.  Every  person  shall  be  disqualified  from  holding  any  office 
of  profit  in  this  State  who  shall  have  been  convicted  of  having  given 
or  offered  a  bribe  to  procure  his  election  or  appointment. 

Sec.  11.  Laws  shall  be  made  to  exclude  from  office,  serving  on 
juries,  and  from  the  right  of  suffrage,  persons  convicted  of  bribery, 


448  Calif(rmia~1879 

perjur3%  forgen',  malfeasance  in  office,  or  other  high  crimes.  The 
privilege  of  tree  suffrage  shall  be  supported  by  laws  regulating  elec- 
tions, and  prohibiting,  under  adequate  penalties,  all  undue  influence 
thereon  from  power,  bribery,  tumult,  or  other  improper  practice. 

Sec.  12.  Absence  from  the  State,  on  business  of  the  State,  or  of  the 
United  States,  shall  not  affect  the  question  of  residence  of  any  person. 

Sec.  13.  A  plurality  of  the  votes  given  at  any  election  shall  c(m- 
stituto  a  choice,  where  otherwise  not  directed  in  this  Constitution. 

Sec.  14.  The  Legislature  shall  provide,  by  law,  for  the  maintenance 
and  efficiency  of  a  State  Board  or  Health. 

Sec.  15.  Mechanics,  material-men.  artisans,  and  laborers  of  every 
class  shall  have  a  lien  upon  the  property  upon  which  they  have  Ix'- 
stowed  labor  or  furnished  material,  for  the  value  of  such  labor  done 
and  material  furnished;  and  the  legislature  shall  provide,  by  law, 
for  the  speedy  and  efficient  enforcement  of  such  liens. 

Sec.  10.*  "N^lien  the  term  of  any  officer  or  Commissioner  is  not  pro- 
vided for  in  this  Constitution,  the  term  of  such  officer  or  Commissioner 
may  be  declared  by  law;  and  if  not  so  declared,  such  officer  or 
Commissioner  shall  hold  his  position  as  such  officer  or  Commissioner 
during  the  pleasure  of  the  authority  making  the  appointment;  but 
in  no  case  shall  such  term  exceed  four  years. 

Sec.  17."  Eight  hours  shall  constitute  a  legal  day's  work  on  all 
public  work. 

Sec.  18.  No  person  shall,  on  account  of  sex,  be  disqualified  from 
entering  upon  or  pursuing  any  lawful  business,  vocation,  or  profes- 
sion. 

Sec.  10.  Nothing  in  this  Constitution  shall  prevent  the  Legislature 
from  providing,  by  law,  for  the  payment  of  the  expenses  of  the 
Convention  framing  this  Constitution,  including  the  per  diem  of 
the  delegates  for  the  full  term  thereof. 

Sec.  20.  Elections  of  the  officers  provided  for  by  this  Constitution, 
except  at  the  election  in  the  year  eighteen  hundred  and  seventy-nine, 
shall  be  held  on  the  even  numbered  years  next  before  the  expiration 
of  their  respective  terms.  The  terms  of  such  officers  shall  commence 
on  the  first  Monday  after  the  first  day  of  January'  next  following  their 
election. 

Article  XXI 

BOUNDARY 

Section  1.  The  boundary  of  the  State  of  California  shall  be  as 
follows :  Commencing  at  the  point  of  intersection  of  the  forty-second 
degree  of  north  latitude  with  the  one  hundred  and  twentieth  degree 
of  longitude  west  from  Greenwich,  and  running  south  on  the  line  of 
said  one  hundred  and  twentieth  degree  of  west  longitude  until  it 
intersects  the  thirty-ninth  degree  of  north  latitude;  thence  running 
in  a  straight  line,  in  a  southeasterly  direction  to  the  River  Colorado, 
at  a  point  where  it  intersects  the  thirty-fifth  degree  of  north  latitude; 
thence  down  the  middle  of  the  channel  of  said  river  to  the  boundary 
line  between  the  United  States  and  Mexico,  as  established  by  the 
treaty  of  May  thirtieth,  one  thousand  eight  hundred  and  forty -eight ; 
thence  running  west  and  along  said  boundary  line  to  the  Pacific 

♦Amended,  1906.  "Amended,  1902. 


California— 187.9  449 

Ocean,  and  extending  therein  tiiree  English  miles;  thence  running  in 
a  northwester!}"  direction  and  following  the  direction  of  the  Pacific 
Coast  to  the  forty-second  degree  of  north  latitude ;  thence  on  the  line 
of  said  forty-second  degree  of  north  latitude  to  the  place  of  begin- 
ning. Also  including  all  the  islands,  harbors,  and  bays  along  and 
adjacent  to  the  coast. 

Article  XXII 

SCHEDULE 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments in  the  Constitution  or  this  State,  and  to  carry  the  same  into 
complete  effect,  it  is  hereby  ordered  and  declared : 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this  Consti- 
tution, not  inconsistent  therewith,  shall  remain  in  full  force  and 
effect  until  altered  or  repealed  by  the  Legislature ;  and  all  rights,  ac- 
tions, prosecutions,  claims,  and  contracts  of  the  State,  counties, 
individuals,  bodies  corporate,  not  inconsistent  therewith,  shall  con- 
tinue to  be  as  valid  as  if  this  Constitution  had  not  been  adopted.  The 
provisions  of  all  laws  which  are  inconsistent  with  tliis  Constitution 
shall  cease  upon  the  adoption  thereof,  except  that  all  laws  which  are 
inconsistent  with  such  provisions  of  this  Constitution  as  require 
legislation  to  enforce  them  shall  remain  in  full  force  until  the  first 
day  of  July,  eighteen  hundred  and  eighty,  unless  sooner  altered  or 
repealed  by  the  Legislature. 

Sec.  2.  That  all  recognizances,  obligations,  and  all  other  instru- 
ments entered  into  or  executed  before  the  adoption  of  this  Constitu- 
tion, to  this  State,  or  to  any  subdivision  thereof,  or  any  municipality 
therein,  and  all  fines,  taxes,  penalties,  and  forfeitures  due  or  owing  to 
this  State,  or  any  subdivision  or  municipality  thereof,  and  all  writs, 
prosecutions,  actions,  and  causes  of  action,  except  as  herein  otherwise 
provided,  shall  continue  and  remain  unaffected  by  the  adoption  of 
this  Constitution.  All  indictments  or  informations  which  shall  have 
been  found,  or  may  hereafter  be  found,  for  any  crime  or  offense  com- 
mitted before  this  Constitution  takes  effect,  may  be  proceeded  upon  as 
if  no  change  had  taken  place,  except  as  otherwise  provided  in  this 
Constitution. 

Sec.  3.  All  Courts  now  existing,  save  Justices'  and  Police  Courts, 
are  hereby  abolished ;  and  all  records,  books,  papers,  and  proceedings 
from  such  Courts,  as  are  abolished  by  this  Constitution,  shall  be 
transferred,  on  the  first  day  of  January,  eighteen  hundred  and  eighty, 
to  the  Courts  provided  for  in  this  Constitution;  and  the  Courts  to 
which  the  same  are  thus  transferred  shall  have  the  same  power  and 
jurisdiction  over  them  as  if  they  had  been  in  the  first  instance  com- 
menced, filed,  or  lodged  therein. 

Sec.  4.  The  Superintendent  of  Printing  of  the  State  of  California 
shall,  at  least  thirty  days  before  the  first  Wednesday  in  May,  A.  D. 
eighteen  hundred  and  seventy-nine,  cause  to  be  printed  at  the  State 
Printing  Office,  in  pamphlet  form,  simply  stitched,  as  many  copies  of 
this  Constitution  as  there  are  registered  voters  in  this  State,  and  mail 
one  copy  thereof  to  the  Post  Office  address  of  each  registered  voter; 
provided,  any  copies  not  called  for  ten  days  after  reaching  their 
delivery  office,  shall  be  subject  to  general  distribution  by  the  several 


450  rnlifomia—187^ 

Postmasters  of  this  State.  The  Governor  shall  issue  his  proclama- 
tion, giving  notice  of  the  election  for  the  adoption  or  rejection  of  this 
Constitution,  at  least  thirty  days  before  the  said  first  Wednesday  of 
May,  eighteen  hundred  and  seventy-nine,  and  the  Board  of  Super- 
visors or  the  several  counties  shall  cause  said  proclamation  to  be  made 
public  in  their  respective  counties,  and  general  notice  of  said  election 
to  be  given  at  least  fifteen  days  before  said  election. 

Sec.  5.  The  Superintendent  of  Printing  of  the  State  of  Cali- 
fornia shall,  at  least  twenty  da^'s  before  said  election,  cause  to  be 
printed  and  delivered  to  the  Clerk  of  each  county  in  this  State  five 
times  the  number  of  properly  prepared  ballots  for  said  election  that 
there  are  voters  in  said  respective  counties,  with  the  words  printed 
thereon :  "  For  the  New  Constitution."  He  shall  likewise  cause  to 
be  so  printed  and  delivered  to  said  Clerks  five  times  the  number  of 
l)roperly  prepared  ballots  for  said  election  that  there  are  voters  in 
saicl  respective  counties,  with  the  words  printed  thereon:  "Against 
the  New  Constitution.*'  The  Secretarv  of  State  is  hereby  author- 
ized and  required  to  furnish  the  Suj^erintendent  of  State  Printing  a 
sufficient  quantity  of  legal  ballot  paper,  now  on  hand,  to  carry  out 
the  provisions  of  this  section. 

Sec.  6.  The  Clerks  of  the  several  counties  in  the  State  shall,  at  least 
five  days  before  said  election,  cause  to  be  delivered  to  the  Inspectors 
of  Election,  at  each  election  precinct  or  polling  place  in  their  resi^c- 
tive  counties,  suitable  registers,  poll  books,  fonus  of  return,  ancl  an 
equal  number  of  the  aforesaid  ballots,  which  number,  in  the  aggre- 
gate, must  be  ten  times  greater  than  the  number  of  voters  in  the  said 
election  precincts  or  polling  places.  The  returns  of  the  number  of 
votes  cast  at  the  Presidential  election  in  the  year  eighteen  hundred 
and  seventy-six  shall  serve  as  a  basis  of  calculation  tor  this  and  the 
preceding  section;  provided^  that  the  duties  in  this  and  the  preceding 
section  imposed  upon  the  Clerks  of  the  respective  counties  shall,  in 
the  City  and  County  of  San  Francisco,  be  performed  by  the  Regis- 
trar of  Voters  for  said  city  and  county. 

Sec.  7.  Every  citizen  of  the  United  States,  entitled  by  law  to  vote 
for  members  oi  the  Assembly  in  this  State,  shall  l^e  entitled  to  vote 
for  the  adoption  or  rejection  of  this  Constitution. 

Sec.  8.  The  officers  of  the  several  counties  of  this  State,  whose  duty 
it  is,  under  the  law,  to  receive  and  canvass  the  returns  from  the  sev- 
eral precincts  of  their  respective  counties,  as  well  as  of  the  City  and 
County  of  San  Francisco,  shall  meet  at  the  usual  place  of  meeting 
for  such  purposes  on  the  first  Monday  after  said  election.  If,  at  the 
time  of  meeting,  the  returns  from  each  precinct  in  the  county  in 
which  the  polls  were  opened  have  been  received,  the  Board  must  then 
and  there  proceed  to  canvass  the  returns;  but  if  all  the  returns  have 
not  been  received,  the  canvass  must  1^  postponed  from  time  to  time 
until  all  the  returns  are  received,  or  until  the  second  Monday  after 
said  election,  when  they  shall  proceed  to  make  out  returns  of  the 
votes  cast  for  and  against  the  new  Constitution ;  and  the  proceedings 
of  said  Board  shall  he  the  same  as  those  prescribed  for  like  Boards 
in  the  case  of  an  election  for  Governor.  Upon  the  completion  of 
said  canvass  and  returns,  the  said  Board  shall  immediately  certify 
the  same,  in  the  usual  form,  to  the  Governor  of  the  State  of 
California. 


CaUfomia--1894  451 

Sec.  9.  The  Governor  of  the  State  of  California  shall,  as  soon  as 
the  returns  of  said  election  shall  be  received  by  him,  or  within  thirty 
days  after  said  election,  in  the  presence  and  with  the  assistance  of  the 
Controller,  Treasurer,  and  Secretary  of  State,  open  and  compute  all 
the  returns  received  of  votes  cast  for  and  against  the  new  Constitu- 
tion. If,  by  such  examination  and  computation,  it  is  ascertained 
that  a  majority  of  the  whole  number  of  votes  cast  at  such  election  is 
in  favor  of  such  new  Constitution,  the  Executive  of  this  State  shall, 
by  his  proclamation,  declare  such  new  Constitution  to  be  the  Consti- 
tution of  the  State  of  California,  and  that  it  shall  take  effect  and  be 
in  force  on  the  days  hereinafter  specified. 

Sec.  10.  In  order  that  future  elections  in  this  State  shall  conform 
to  the  requirements  of  the  Constitution,  the  terms  of  all  officers 
elected  at  the  first  election  under  the  same  shall  be,  respectively,  one 
year  shorter  than  the  terms  as  fixed  by  law  or  by  this  Constitution ; 
and  the  successors  of  all  such  officers  shall  be  elected  at  the  last  elec- 
tion before  the  expiration  of  the  terms  as  in  this  section  provided. 
The  first  officers  chosen,  after  the  adoption  of  this  Constitution,  shall 
be  elected  at  the  time  and  in  the  manner  now  provided  by  law.  Judi- 
cial officers  and  the  Superintendent  of  Public  Instruction  shall  be 
elected  at  the  same  time  and  in  the  manner  that  State  officers  are 
elected. 

Sec.  11.  All  laws  relative  to  the  present  judicial  system  of  the 
State  shall  be  applicable  to  the  judicial  system  created  by  this  Con- 
stitution until  changed  by  legislation. 

Sec.  12.  This  Constitution  shall  take  effect  and  be  in  force  on  and 
after  the  fourth  day  of  July,  eighteen  hundred  and  seventy-nine,  at 
twelve  o'clock  meridian,  so  far  as  the  same  relates  to  the  election  of  all 
officers,  the  commencement  of  their  terms  of  office,  and  the  meeting 
of  the  Legislature.  In  all  other  respects,  and  for  all  other  purposes, 
this  Constitution  shall  take  effect  on  the  first  day  of  January,  eighteen 
hundred  and  eighty,  at  twelve  o'clock  meridian. 

J.  P.  HoGE,  President. 

Attest : 

Edwin  F.  Smith,  Secretary. 

AMENDMENTS 
(Article  I,  section  17,  1894) 

RIGHTS   or   FOREIGNERS 

Sec.  17.  Foreigners  of  the  white  race,  or  of  African  descent,  eligi- 
ble to  become  citizens  of  the  United  States  under  the  naturalization 
laws  thereof,  while  bona  fide  residents  of  this  State,  shall  have  the 
same  rights  in  respect  to  the  acquisition,  possession,  enjoyment,  trans- 
mission, and  inheritance  of  all  property,  other  than  real  estate,  as 
native-born  citizens;  provided,  that  such  aliens  owning  real  estate 
at  the  time  of  the  adoption  of  this  amendment  may  remain  such  own- 
ers ;  and  provided  further,  that  the  Legislature  may,  by  statute,  pro- 
vide for  the  disposition  of  real  estate  which  shall  hereafter  be  ac- 
quired bv  such  aliens  by  descent  or  devise.  [Amendment  adopted 
November  6,  1894.] 


452  Califcrrnia— 1894— 1902 

(Article  II.  set'tloii   1.  1894) 

Section  1.  Every  native  male  citizen  of  the  United  States,  every 
male  person  who  shall  have  acquired  the  rights  of  citizenship  under 
or  by  virtue  of  the  treaty  of  Queretaro,  and  every  male  naturalized 
citizen  thereof,  who  shall  have  become  such  ninety  days  prior  to  any 
election,  of  the  age  of  twenty-one  years,  who  shall  have  been  resident 
of  the  State  one  year  next  preceding  the  election,  and  of  the  county  in 
which  he  claims  his  vote  ninety  days,  and  in  the  election  precinct 
thirty  days,  shall  be  entitled  to  vote  at  all  elections  which  are  now  or 
may  hereafter  be  authorized  by  law ;  provided,  no  native  of  China,  no 
idiot,  no  insane  person,  no  person  convicted  of  any  infamous  crime, 
no  person  hereafter  convicted  of  the  embezzlement  or  misappropria- 
tion of  pubilc  money,  and  no  person  who  shall  not  be  able  to  read  the 
Constitution  in  the  English  language  and  write  his  name,  shall  ever 
exercise  the  privilege  of  an  elector  in  this  State;  provided,  that  the 
provisions  of  this  amendment  relative  to  an  educational  qualification 
shall  not  apply  to  any  person  prevented  by  a  physical  disability 
from  complying  with  its  requisitions,  nor  to  any  person  who  now  has 
the  right  to  vote,  nor  to  any  person  who  shall  be  sixty  years  of  age 
and  upwards  at  the  time  this  amendment  shall  take  effect.  [Amend- 
ment adopted  November  6,  1894.] 

(Article  II.  section  2i.  1900) 
PRIMARY   ELEC?nON8 

Sec.  2^.  The  Legislature  shall  have  the  power  to  enact  laws  rela- 
tive to  the  election  of  delegates  to  conventions  of  political  parties  at 
elections  known  and  designated  as  primar}^  elections.  Also  to  deter- 
mine the  tests  and  conditions  upon  which  electors,  political  parties, 
or  organizations  of  voters,  may  participate  in  any  such  primary  elec- 
tion, which  tests  or  conditions  may  be  different  from  the  tests  and 
conditions  required  and  permitted  at  other  elections  authorized  by 
law ;  or  the  Legislature  may  delegate  the  power  to  determine  such 
tests  or  conditions,  at  primary  elections,  to  the  various  political 
parties  participating  therein.  It  shall  also  be  lawful  for  the  legisla- 
ture to  prescribe  that  any  such  primary  election  law  shall  be  obliga- 
tory and  mandatory  in  any  city,  or  any  city  and  county,  or  in  any 
county,  or  in  any  political  subdivision,  of  a  designated  population, 
and  that  such  law^  shall  1^  optional  in  any  city,  city  and  county, 
county,  or  political  subdivision  of  a  lesser  population,  and  for  such 
purpose  such  law  mav  declare  the  population  of  any  city,  city  and 
county,  county,  or  political  subdivision,  and  may  also  provide  what, 
if  any,  compensation  primary  election  officers  in  defined  places  or 
political  subdivisions  may  receive,  without  making  compensation 
either  general  or  uniform.    [Amendment  adopted  November  0,  1900.] 

.  (Article  II,  section  5,  1896;  section  6,  1902) 

ELECTIONS  TO  BE  BY  BALLOT  OR  OTHERWISE 

Sec.  5.  All  elections  by  the  people  shall  be  by  ballot  or  by  such 
other  method  as  may  be  prescribed  by  law;  provided,  that  secrecy  in 
voting  be  preserved.     [Amendment  adopted  November  3,  1896.] 


California— 1S98— 1902  453 

VOTING    MACHINES 

Sec.  6.  The  inhibitions  of  this  Constitution  to  the  contrary  not- 
withstanding, the  Legislature  shall  have  power  to  provide  that  in 
different  parts  of  the  State  different  methods  may  be  employed  for 
receiving  and  registering  the  will  of  the  people  as  expressed  at  elec- 
tions, and  may  provide  that  mechanical  devices  may  be  used  within 
designated  subdivisions  of  the  State  at  the  option  of  the  local  au- 
thority indicated  by  the  Legislature  for  that  purpose.  [New  section ; 
amendment  adopted  November  4, 1902.] 

(Article  IV,  section  25*,  1902) 

FISH    AND    GAME   mSTRICTS 

Sec.  25|.  The  Legislature  may  provide  for  the  division  of  the 
State  into  fish  and  game  districts,  and  may  enact  such  laws  for  the 
protection  of  fish  and  game  therein  as  it  may  deem  appropriate  to 
the  respective  districts.  [New  section;  amendment  adopted  Novem- 
ber 4, 1902.] 

(Article  IV,  section  36,  1902) 

ESTABLISH  SYSTEM  OF  HIGHWAYS 

Sec.  36.  The  Legislature  shall  have  power  to  establish  a  system  of 
State  highways  or  to  declare  any  road  a  State  highway,  and  to  pass 
all  laws  necessary  or  proper  to  construct  and  maintain  the  same,  and 
to  extend  aid  for  the  construction  and  maintenance  in  whole  or  in 
part  of  any  countv  highway.  [New  section;  amendment  adopted 
November  4,  1902.]"^ 

(Article  V,  section  15.  1898) 

LIEUTENANT-GOVERNOR,    QUALIFICATIONS    AND   DUTIES 

Sec  15.  A  Lieutenant-Governor  shall  be  elected  at  the  same  time 
and  place,  and  in  the  same  manner,  as  the  Governor,  and  his  term  of 
office  and  his  qualifications  shall  be  the  same.  He  shall  be  president 
of  the  Senate,  but  shall  only  have  a  casting  vote  therein.  [Amend- 
ment adopted  November  8,  1898.] 

(Article  V,  section  16,  1898) 

LIEUTENANT-GOVERNOR   MAY   BECOME   GOVERNOR,   WHEN 

Sec  16.  In  case  of  the  impeachment  of  the  Governor,  or  his  removal 
from  office,  death,  inability  to  discharge  the  powers  and  duties  of  his 
office,  resignation,  or  absence  from  the  State,  the  powers  and  duties 
of  the  office  shall  devolve  upon  the  Lieutenant-Governor  for  the  resi- 
due of  the  term,  or  until  the  disability  shall  cease.  And  should  the 
Lieutenant-Governor  be  impeached,  displaced,  resign,  die,  or  become 
incapable  of  performing  the  duties  of  his  office,  or  be  absent  from  the 
State,  the  president  pro  tempore  of  the  Senate  shall  act  as  Governor 
until  the  vacancy  in  the  office  of  Governor  shall  be  filled  at  the  next 
general  election  when  members  of  the  Legislature  shall  be  chosen,  or 
until  such  disability  of  the  Lieutenant-Governor  shall  cease.  In 
case  of  a  vacancy  in  the  office  of  Governor  for  any  of  the  reasons  above 


454  (  alifoniia— 1900— 1906 

named,  and  neitlier  the  Lieutenant-Governor  nor  the  president  pro 
tempore  of  the  Senate  succeed  to  the  powers  and  duties  of  Governor, 
then  the  powers  and  duties  of  such  office  shall  devolve  upon  the 
Speaker  of  the  Assembly,  until  the  office  of  Governor  shall  he  filled 
at  such  general  election.     [Amendment  adopted  November  8,  1898.] 

(Article  VI,  section  17,  1905) 

Sec.  17.  The  justices  of  the  supreme  court  and  of  the  district 
courts  of  appeal,  and  the  judges  of  tne  superior  courts,  shall  severally, 
at  stated  times  during  their  continuance  in  office,  receive  for  their 
service  such  compensation  as  is  or  shall  be  provided  by  law.  The 
salaries  of  the  judges  of  the  superior  court,  in  all  counties  having  but 
one  judge,  and  in  all  counties  in  which  the  terms  of  the  judges  of  the 
superior  court  expire  at  the  same  time,  shall  not  hereafter  be  increased 
or  diminished  after  their  election,  nor  during  the  term  for  which  they 
shall  have  been  elected.  Upon  the  adoption  of  this  amendment  the 
salaries  then  established  by  law  shall  be  paid  uniformly  to  the  justices 
and  judges  then  in  office.  The  salaries  of  the  justices  of  the  supreme 
court  and  of  the  district  courts  of  appeal  shall  be  paid  by  the  state. 
One  half  of  the  salary  of  each  superior  court  judge  shall  be  paid  by 
the  state;  and  the  other  half  thereof  shall  be  paid  by  the  county  for 
which  he  is  elected.  On  and  after  the  first  day  of  January,  A.  D. 
one  thousand  nine  hundred  and  seven  the  justices  of  the  supreme  court 
shall  each  receive  an  annual  salary  of  eight  thousand  dollars,  and  the 
justices  of  the  several  district  courts  of  appeal  shall  each  receive  an 
annual  salary  of  seven  thousand  dollars ;  the  said  salaries  to  be  pay- 
able monthly. 

(Article  IX,  sections  10  and  11,  1900) 

LELAND  STANFORD  JUNIOR  UNIVERSITY 

Sec.  10.  The  trusts  and  estates  created  for  the  founding,  endow- 
ment, aitd  maintenance  of  the  Leland  Stanford  Junior  University, 
under  and  in  accordance  with  "An  Act  to  advance  learning,  etc.," 
approved  March  ninth,  eighteen  hundred  and  eighty-five,  by  the 
endowment  grant  executed  by  Leland  Stanford  and  Jane  Lathrop 
Stanford  on  the  eleventh  day  of  November,  A.  D.  eighteen  hundred 
and  eighty-five,  and  recorded  in  liber  eighty-three  of  deeds,  at  page 
twenty-three,  et  seq.,  records  of  Santa  Clara  County,  and  bj'  the 
amendments  of  such  grant,  and  by  gifts,  grants,  bequests  and  devises 
supplementary  thereto,  and  by  confirmatory  grants,  are  permitted, 
approved,  and  confirmed.  The  board  of  trustees  of  the  Leland 
Stanford  Junior  University,  as  such,  or  in  the  name  of  the  institution, 
or  by  other  intelligible  designation  of  the  trustees  or  of  the  institu- 
tion, may  receive  property,  real  or  personal,  and  wherever  situated, 
by  gift,  grant,  devise,  or  bequest,  for  the  benefit  of  the  institution,  or 
of  any  department  thereof,  and  such  property,  unless  otherwise  pro- 
vided, shall  be  held  by  the  trustees  of  the  Leland  Stanford  Junior 
University  upon  the  trusts  provided  for  in  the  grant  founding  the 
university,  and  amendments  thereof,  and  grants,  bequests,  and 
devises  supplementary  thereto.  The  Legislature,  by  special  Act, 
may  grant  to  the  trustees  of  the  Leland  Stanford  Junior  University 
corporate  powers  and  privileges,  but  it  shall  not  thereby  alter  their 
tenure  or  limit  their  powers  or  obligations  as  trustees.    All  property 


Califomia— 1894—1902  455 

now  or  hereafter  held  in  trust  for  the  founding,  maintenance  or  Viene- 
fit  of  the  Leland  Stanford  Junior  University,  or  of  any  department 
(hereof,  may  be  exempted  by  special  Act  from  State  taxation,  and 
all  personal  property  so  held,  the  Palo  Alto  farm  as  described  in  the 
endowment  grant  to  the  trustees  of  the  university,  and  all  other  real 
property  so  held  and  used  by  the  university  for  educational  purposes 
exclusively,  may  be  similarly  exempted  from  county  and  municipal 
taxation;  provided^  that  residents  of  California  shall  be  charged  no 
fees  for  tuition  unless  such  fees  be  authorized  by  Act  of  the  Legisla- 
ture.   [Amendment  adopted  November  6,  1900.] 

CALIFORNIA   SCHOOL  OF   MECHANICAL  ARTS 

Sec.  11.  All  property  now  or  hereafter  belonging  to  "  The  Cali- 
fornia School  of  Mechanical  Arts,"  an  institution  founded  and 
endowed  by  the  late  James  Lick  to  educate  males  and  females  in  the 
practical  arts  of  life,  and  incorporated  under  the  laws  of  the  State  of 
California,  November  twenty-third,  eighteen  hundred  and  eighty- 
five,  having  its  school  buildings  located  in  the  City  and  County  of 
San  Francisco,  shall  be  exempt  from  taxation.  The  trustees  of  said 
institution  must  annually  report  their  proceedings  and  financial 
accounts  to  the  Governor.  The  Legislature  may  modify,  suspend, 
iind  revive  at  will  the  exemption  from  taxation  herein  given.  [Amend- 
ment adopted  November  6,  1900.] 

(Article  IX.  section  fi,  1902) 
PUBLIC    SCHOOL   SYSTEM,   AND   TAX 

Sec.  6.  The  public  school  system  shall  include  primary  and  gram- 
mar schools,  and  such  high  schools,  evening  schools,  normal  schools, 
and  technical  schools  as  may  be  established  by  the  Legislature,  or  by 
municipal  or  district  authority.  The  entire  revenue  derived  from  the 
State  School  Fund  and  from  the  general  State  school  tax  shall  be 
applied  exclusively  to  the  support  of  primary  and  grammar  schools; 
but  the  Legislature  may  authorize  and  cause  to  be  levied  a  special 
State  school  tax  for  the  support  of  high  schools  and  technical  schools, 
or  either  of  such  schools,  included  in  the  public  school  system,  and  all 
revenue  derived  from  such  special  tax  shall  be  applied  exclusively  to 
the  support  of  the  schools  for  which  such  special  tax  shall  be  levied. 
[Amendment  adopted  November  4,  1902.] 

(Article  IX,  section  7,  1894) 

STATE  BOARD  OF  EDUCATION — TEXT-BOOKS — COUNTY  BOARDS   OF 

EDUCATION 

Sec.  T.  The  Governor,  the  Superintendent  of  Public  Instruction, 
the  President  of  the  University  of  California,  and  the  professor  of 
pedagogy  therein,  and  the  principals  of  the  State  normal  schools  shall 
constitute  the  State  Board  of  Education,  and  shall  compile,  or  cause 
to  be  compiled,  and  adopt  a  uniform  series  of  text-books  for  use  in 
the  common  schools  throughout  the  State.  The  State  Board  may 
cause  such  text-books,  when  adopted,  to  be  printed  and  published  by 
the  Superintendent  of  State  Printing,  at  the  State  Printing  Office, 


456  Calvf(miia— 1894— 1905 

ami,  when  so  printed  and  published,  to  be  distributed  and  sold  at  the 
cost  price  of  printing;,  puolishing,  and  distributing  the  same.  The 
text-btH)ks  so  adopted  shall  continue  in  use  not  less  than  four  years; 
and  said  State  Board  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  law.  The  IvOgislature  shall  provide  for  a  Board  of  Educa- 
tion in  each  county  in  the  State.  The  County  Superintendents  and 
the  County  Boards  of  Education  shall  have  control  of  the  examina- 
tion of  teachers  and  the  granting  of  teachers'  certificates  within 
their  respective  jurisdictions.  [Amendment  adopted  November  G, 
1894.] 

(Artirlo  IX.  section  V.\.  11)0.".) 

Se(\  18.  All  property  now  or  hereafter  Ijelonging  to  the  Cogswell 
Polytechnical  College,  an  institution  for  the  advancement  of  learning, 
incorporated  under  the  laws  of  the  State  of  California,  and  having 
its  buildings  located  in  the  city  and  county  of  San  Francisco,  shall  be 
exempt  from  taxation.  The  trustees  of  said  institution  must  annu- 
alh'  report  their  proceedings  and  financial  accounts  to  the  governor. 
The  legislature  may  modify,  suspend,  and  revive  at  will  the  exemp- 
tion from  taxation  herein  given. 

(Article  XI,  section  3,  1894) 
NEW   COUNTIES 

Sec.  3.  The  Legislature,  by  general  and  uniform  laws,  may  pro- 
vide for  the  formation  of  new  counties;  provided,  hoicever,  that  no 
new  county  shall  be  established  which  shall  reduce  any  county  to  a 
population  of  less  than  eight  thousand;  nor  shall  a  new  county  be 
formed  containing  a  less  population  than  five  thousand;  nor  shall 
any  line  thereof  pass  within  five  miles  of  the  county  seat  of  any 
county  proposed  to  be  divided.  Every  county  which  shall  be  en- 
larged or  created  from  territory  taken  from  any  other  county  or 
counties,  shall  be  liable  for  a  just  proportion  of  the  existing  debts 
and  liabilities  of  the  county  or  counties  from  which  such  territory 
shall  be  taken.     [Amendment  adopted  November  G.  1894.] 

(Article  XI,  section  0,  189«J;  section  7,  1894;  section  8,  1JK)2 ;  section  8i,  1896) 
MUNICIPAL    CORPORATIONS 

Sec.  6.  Corporations  for  municipal  purposes  shall  not  be  created 
by  special  laws;  but  the  Legislature,  by  general  laws,  shall  provide 
for  the  incorporation,  organization,  and  classification,  in  proportion 
to  population,  of  cities  and  towns,  which  laws  may  be  altered, 
amencfed,  or  repealed.  Cities  and  towns  heretofore  organized  or  in- 
corporated may  become  organized  under  such  general  laws  whenever 
a  majority  of  the  electors  voting  at  a  general  election  shall  so  deter- 
mine, and  shall  organize  in  conformity  therewith;  and  cities  and 
towns  heretofore  or  hereafter  organized,  and  all  charters  thereof 
framed  or  adopted  bv  authority  of  this  Constitution,  except  in 
municipal  affairs,  shall  be  subject  to  and  controlled  by  general  laws. 
[Amendment  adopted  November  3,  1896.] 


California— 1902  457 

CONSOLIDATION    OF    CITY    AND    COUNTY    GOVERNMENTS 

Sec.  7.  City  and  county  governments  may  be  merged  and  consoli- 
dated into  one  municipal  government,  with  one  set  of  officers,  and  may 
be  incorporated  under  general  laws  providing  for  the  incorporation 
and  organization  of  corporations  for  municipal  purposes.  The  pro- 
visions of  this  Constitution  applicable  to  cities,  and  also  those  appli- 
cable to  counties,  so  far  as  not  inconsistent  or  prohibited  to  cities, 
shall  be  applicable  to  such  consolidated  government.  [Amendment 
adopted  November  G,  1894.] 

CHARTERS   OF    CITIES 

Sec.  8.  Any  city  containing  a  population  of  more  than  three  thou- 
sand five  hundred  inhabitants  may  frame  a  charter  for  its  own  gov- 
ernment, consistent  with  and  subject  to  the  Constitution  and  laws  of 
this  State,  by  causing  a  board  of  fifteen  freeholders,  who  shall  have 
been  for  at  least  five  years  qualified  electors  thereof,  to  be  elected  by 
the  qualified  voters  of  said  city  at  any  general  or  special  election, 
whose  duty  it  shall  be,  within  ninety  days  after  such  election,  to  pre- 
pare and  propose  a  charter  for  such  city,  which  shall  be  signed  in 
duplicate  by  the  members  of  such  board,  or  a  majority  of  them,  and 
returned,  one  copy  to  the  Mayor  thereof,  or  other  chief  executive 
officer  of  such  city,  and  the  other  to  the  Recorder  of  the  county.  Such 
proposed  charter  shall  then  be  published  in  two  daily  newspapers  of 
general  circulation  in  such  city,  for  at  least  twenty  days,  and  the  first 
publication  shall  be  made  within  twenty  days  after  the  completion  of 
the  charter;  frovided^  that  in  cities  containing  a  population  of  not 
more  than  ten  thousand  inhabitants,  such  proposed  charter  shall  be 
published  in  one  such  daily  newspaper ;  and  within  not  less  than  thirty 
days  after  such  publication  it  shall  be  submitted  to  the  qualified  elect- 
ors of  said  city  at  a  general  or  special  election,  and  if  a  majority  of 
such  qualified  electors  voting  thereon  shall  ratify  the  same,  it  shall 
thereafter  be  submitted  to  the  Legislature  for  its  approval  of  rejec- 
tion as  a  whole,  without  power  of  alteration  or  amendment.  Such 
approval  may  be  made  by  concurrent  resolution,  and  if  approved  by 
a  majority  vote  of  the  members  elected  to  each  house,  it  shall  become 
the  charter  of  such  city,  or  if  such  city  be  consolidated  with  a  county, 
then  of  such  city  and  county,  and  shall  become  the  organic  law 
thereof,  and  supersede  any  existing  charter  and  all  amendments 
thereof,  and  all  laws  inconsistent  with  such  charter.  A  copy  of  such 
charter,  certified  by  the  Mayor,  or  chief  executive  officer,  and  authen- 
ticated by  the  seal  of  such  city,  setting  forth  the  submission  of  such 
charter  to  the  electors,  and  its  ratification  by  them,  shall,  after  the 
approval  of  such  charter  by  the  Legislature,  be  made  in  duplicate,  and 
deposited,  one  in  the  office  of  the  Secretary  of  State,  and  the  other, 
after  being  recorded  in  said  Recorder's  office,  shall  be  deposited  in  the 
archives  of  the  city,  and  thereafter  all  courts  shall  take  judicial  notice 
of  said  charter.  The  charter,  so  ratified,  may  be  amended  at  intervals 
of  not  less  than  two  years  by  proposals  therefor,  submitted  bv  the 
legislative  authority  of  the  city  to  the  qualified  electors  thereoi  at  a 
general  or  special  election,  held  at  least  forty  days  after  the  publica- 
tion of  such  proposals  for  twenty  days  in  a  daily  newspaper  of  gen- 
eral circulation  in  such  citj'^,  and  ratified  by  a  majority  of  the  electors 


458  California— 1905 

voting  thereon,  and  approved  by  the  Legislature  as  herein  provided 
for  the  approval  of  the  charter.  AVlienever  fifteen  per  cent  of  the 
qualified  voters  of  the  city  shall  petition  the  legislative  authority 
thereof  to  submit  any  proposed  amendment  or  amendments  to  said 
charter  to  the  qualified  voters  thereof  for  approval,  the  legislative 
authority  thereof  must  submit  the  same.  In  submitting  any  such 
charter,  or  amendments  thereto,  any  alternative  article  or  proposi- 
tion may  be  presented  for  the  choice  of  the  voters,  and  may  be  voted 
on  separately  without  prejudice  to  others.  [Amendment  adopted 
November  4, 1902.] 

CHARTERS   OF   CITIES,    MAY   PROVIDE   WHAT 

Sec.  8^.  It  shall  be  competent,  in  all  charters  framed  under  the 
authority  given  by  section  eight  of  article  eleven  of  this  Constitution, 
to  provide,  in  addition  to  those  provisions  allowable  by  this  Constitu- 
tion and  by  the  laws  of  the  State,  as  follows: 

1.  For  the  constitution,  regulation,  government,  and  jurisdiction  of 
Police  Courts,  and  for  the  manner  in  which,  the  times  at  which,  and 
the  terms  for  which  the  judges  of  such  courts  shall  be  elected  or 
appointed,  and  for  the  compensation  of  said  judges  and  of  their 
clerks  and  attaches. 

2.  For  the  manner  in  which,  the  times  at  which,  and  the  terms  for 
which  the  meml^ers  of  boards  of  education  shall  be  elected  or  ap- 
pointed, and  the  number  which  shall  constitute  any  one  of  such 
boards. 

3.  For  the  manner  in  which,  the  times  at  which,  and  the  terms  for 
Avhich  the  members  of  the  boards  of  police  commissioners  shall  be 
elected  or  appointed;  and  for  the  constitution,  regulation,  compensa- 
tion, and  government  of  such  boards  and  of  the  municipal  police  force. 

4.  For  the  manner  in  which,  the  times  at  which,  and  the  terms  for 
which  the  members  of  all  boards  of  election  shall  be  elected  or  ap- 
pointed, and  for  the  constitution,  regulation,  compensation,  and  gov- 
ernment of  such  boards,  and  of  their  clerks  and  attaches;  and  for  all 
expenses  incident  to  the  holding  of  any  election. 

Where  a  city  and  county  government  has  been  merged  and  consoli- 
dated into  one  municipal  government,  it  shall  also  be  competent  in 
any  charter  framed  under  said  section  eight  of  said  article  eleven,  to 
provide  for  the  manner  in  which,  the  times  at  which,  and  the  terms 
for  which  the  several  county  officers  shall  be  elected  or  appointed,  for 
their  compensation,  and  for  the  number  of  deputies  that  each  shall 
have,  and  for  the  compensation  payable  to  each  of  such  deputies. 
[Amendment  adopted  >iiOvember  3,  1896.] 

(Article  XI,  section  8,  1905) 

Sec.  8.  Any  city  containing  a  population  of  more  than  three  thou- 
sand five  hundred  inhabitants  may  frame  a  charter  for  its  own  gov- 
ernment, consistent  with  and  subject  to  the  Constitution,  (or,  having 
framed  such  a  charter,  may  frame  a  new  one),  by  causing  a  board 
of  fifteen  freeholders,  who  shall  have  been  for  at  least  five  veai*s 
qualified  electors  thereof,  to  \ye  elected  by  the  qualified  voters  of  said 
city  at  any  general  or  special  election,  whose  duty  it  shall  be,  within 


California— 1905  459 

ninety  days  after  such  election,  to  prepare  and  propose  a  charter  for 
such  city,  which  shall  be  signed  in  duplicate  by  the  members  of  such 
board,  or  a  majority  of  them,  and  returned,  one  copy  to  the  mayor 
thereof,  or  other  chief  executive  officer  of  such  city,  and  the  other  to 
the  recorder  of  the  county.  Such  proposed  charter  shall  then  be  pub- 
lished in  two  daily  newspapers  of  general  circulation,  in  such  city, 
for  at  least  twenty  days,  and  the  first  publication  shall  be  made 
within  twenty  days  after  the  completion  of  the  charter;  provided, 
that  in  cities  containing  a  population  of  not  more  than  ten  thousand 
inhabitants,  such  proposed  charter  shall  be  published  in  one  such 
daily  newspaper;  and  within  thirty  days  after  such  publication  it 
shall  be  submitted  to  the  qualified  electors  of  said  city  at  a  general 
or  special  election,  and  if  a  majority  of  such  qualified  electors  voting 
thereon  shall  ratify  the  same,  it  shall  thereafter  be  submitted  to  the 
legislature  for  its  approval  or  rejection  as  a  whole,  without  power 
of  alteration  or  amendment.  Such  approval  may  be  made  by  con- 
current resolution,  and  if  approved  by  a  majority  vote  of  the  mem- 
bers elected  to  each  house,  it  shall  become  the  charter  of  such  city, 
or,  if  such  city  be  consolidated  with  a  county,  then  of  such  city  and 
county,  and  shall  become  the  organic  law  thereof,  and  supersede  any 
existing  charter,  (whether  framed  under  the  provisions  of  this  sec- 
tion of  the  Constitution  or  not,)  and  all  amendments  thereof,  and 
all  laws  inconsistent  with  such  charter.  A  copy  of  such  charter, 
certified  by  the  mayor,  or  chief  executive  officer,  and  authenticated 
by  the  seal  of  such  city,  setting  forth  the  submission  of  such  charter 
to  the  electors,  and  its  ratification  by  them,  shall  after  the  approval 
of  such  charter  by  the  legislature,  be  made  in  duplicate,  and  deposited, 
one  in  the  office  of  the  secretary  of  state,  and  the  other,  after  being 
recorded  in  said  recorder's  office  shall  be  deposited  in  the  archives  of 
the  city,  and  thereafter  all  courts  shall  take  judicial  notice  of  said 
charter.  The  charter,  so  ratified,  may  be  amended  at  intervals  of 
not  less  than  two  years  by  proposals  therefor,  submitted  by  the  legis- 
lative authority  of  the  city  to  the  qualified  electors  thereof  at  a 
general  or  special  election,  held  at  least  forty  days  after  the  publica- 
tion of  such  proposals  for  twenty  days  in  a  daily  newspaper  of  gen- 
eral circulation  in  such  city,  and  ratified  by  a  majority  of  the  electors 
voting  thereon,  and  approved  by  the  legislature  as  herein  provided 
for  the  approval  of  the  charter.  "WTienever  fifteen  per  cent  of  the 
qualified  voters  of  the  city  shall  petition  the  legislative  authority 
thereof  to  submit  any  proposed  amendment  or  amendments  to  said 
charter  to  the  qualified  voters  thereof  for  approval,  the  legislative 
authority  thereof  must  submit  the  same.  In  submitting  any  such 
charter,  or  amendments  thereto,  any  alternative  article  or  proposi- 
tion may  be  presented  for  the  choice  of  the  voters,  and  may  be  voted 
on  separately  without  prejudice  to  others. 

(Article  XI,  section  ]3i,  1905) 

Sec.  13^.  Nothing  in  this  Constitution  contained  shall  be  construed 
as  prohibiting  the  state  or  any  county,  city  and  county,  city,  town, 
municipality,  or  other  public  corporation,  issuing  bonds  under  the 
laws  of  the  state,  to  make  said  bonds  payable  at  any  place  within  the 
United  States  designated  in  said  bonds. 


460  California— 1900— 1906 

(Article  XI,  section  16^,  1905) 

Sec.  16^.  All  moneys  belonging  to  the  state,  or  to  any  county  or 
municipality  within  this  state,  may  be  deposited  in  any  national  bank 
or  banks  within  this  state,  or  in  any  bank  or  banks  organized  under 
the  laws  of  this  state,  in  such  manner  and  under  such  conditions  as 
may  be  provided  by  law;  provided^  that  such  bank  or  banks  in  which 
such  moneys  are  deposited  shall  furnish  as  security  for  such  deposits, 
bonds  of  tiie  Unitea  States,  or  of  this  state  or  of  any  county,  munici- 
pality or  school  district  within  this  state,  to  be  approved  by  the  officer 
or  officers  designated  by  law,  to  an  amount  in  value  of  at  least  ten 
per  cent  in  excess  of  the  amount  of  such  deposit;  and  provided^  that 
such  bank  or  banks  shall  pay  a  reasonable  rate  of  interest,  not  less 
than  two  per  cent  per  annum  on  the  daily  balances  therein  deposited, 
and  provided,  that  no  deposit  shall  at  any  one  time  exceed  fifty  per 
cent  of  the  paid-up  capital  stock  of  such  depository  bank  or  banks, 
and  provided  further,  that  no  officer  shall  deposit  at  one  time  more 
than  twenty  per  cent  of  such  public  moneys  available  for  deposit  in 
any  bank  while  there  are  other  qualified  banks  requesting  such 
deposits. 

(Article  XI,  section  18,  1900) 

ANNUAL  DEBT  NOT  TO  EXCEED  ANNUAL  INCOME 

Sec.  18.  No  county,  city,  town,  township,  board  of  education,  or 
school  districts,  shall  incur  any  indebtedness  or  liability  in  any  man- 
ner or  for  any  purpose  exceeding  in  any  year  the  income  and  revenue 
provided  for  such  year,  without  the  assent  of  two  thirds  of  the  quali- 
fied electors  thereof,  voting  at  an  election  to  be  held  for  that  purpose, 
nor  unless  before  or  at  the  time  of  incurring  such  indebtedness  pro- 
vision shall  be  made  for  the  collection  of  an  annual  tax  sufficient  to 
pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  provi- 
sion to  constitute  a  sinking  fund  for  the  payment  of  the  principal 
thereof  on  or  before  maturity,  which  shall  not  exceed  forty  years  from 
the  time  of  contracting  the  same;  provided,  however,  that  the  City 
and  County  of  San  Francisco  may  at  any  time  pay  the  unpaid  claims, 
with  interest  thereon  at  the  rate  of  five  per  cent  per  annum,  for  mate- 
rials furnished  to  and  work  done  for  said  city  and  county  during  the 
forty-first,  forty-second,  forty-third,  forty-fourth,  and  fiftieth  fiscal 
years,  and  for  unpaid  teachers'  salaries  for  the  fiftieth  fiscal  year, 
out  of  the  income  and  revenue  of  anv  succeeding  year  or  years,  the 
amount  to  be  paid  in  full  of  said  claims  not  to  exceed  in  the  aggre- 
gate the  sum  of  five  hundred  thousand  dollars,  and  that  no  statute 
of  limitations  shall  apply  in  any  manner  to  these  claims;  and  pro- 
vided further,  that  the  City  of  Vallejo,  of  Solano  Countv,  may  pay 
its  existing  indebtedness  incurred  in  the  construction  of  its  water- 
works whenever  two  thirds  of  the  electors  thereof  voting  at  an  elec- 
tion held  for  that  purpose  shall  so  decide,  and  that  no  statute  of  limi- 
tations shall  apply  in  any  manner.  Any  indebtedness  or  liability 
incurred  contrary  to  this  provision,  with  the  exceptions  hereinbefore 
recited,  shall  be  "void.     [Amendment  adopted  November  6,  1900.] 


California— 1900— 1906  461 

(Article  XI,  section  18,  1906) 

(The  following  added  to  the  section :) 

The  city  and  county  of  San  Francisco,  the  city  of  San  Jose  and 
the  town  of  Santa  Clara  may  make  provision  for  a  sinking  fund,  to 
pay  the  principal  of  any  indebtedness  incurred,  or  to  be  hereafter 
incurred,  by  it,  to  commence  at  a  time  after  the  incurring  of  such 
indebtedness  of  not  more  than  a  period  of  one  fourth  of  the  time  of 
maturity  of  such  indebtedness,  which  shall  not  exceed  seventy-five 
years  from  the  time  of  contracting  the  same.  Any  indebtedness 
incurred  contrary  to  any  provision  or  this  section  shall  be  void. 

(Article  XIII,  section  1,  1894;  section  U,  1900;  section  If,  1902;  section  12f, 

1894) 

PROPERTY  TO  BE  TAXED  ACCORDING  TO  VALUE — ^EXEMPTIONS 

Section  1.  All  property  in  the  State,  not  exempt  under  the  laws 
of  the  United  States,  shall  be  taxed  in  proportion  to  its  value,  to  be 
ascertained  as  provided  by  law.  The  word  "  property,"  as  used  in 
this  article  and  section,  is  hereby  declared  to  include  moneys,  credits, 
bonds,  stocks,  dues,  franchises,  and  all  other  matters  and  things,  real, 
personal,  and  mixed,  capable  of  private  ownership;  provided,  that 
property  used  for  free  public  libraries  and  free  museums,  growing 
crops,  property  used  exclusively  for  public  schools,  and  such  as  may 
belong  to  the  United  States,  this  State,  or  to  any  county  or  munici- 
pal corporation  within  this  State,  shall  be  exempt  from  taxation. 
The  Legislature  may  provide,  except  in  case  of  credits  secured  by 
mortgage  or  trust  deed,  for  a  deduction  from  credits  of  debts  due  to 
bona  fide  residents  of  this  State.  [Amendment  adopted  November 
6,  1894.] 

churches  exempt  from  taxation 

Sec.  1|.  All  buildings,  and  so  much  of  the  real  property  on  which 
they  are  situated  as  may  be  required  for  the  convenient  use  and  occu- 
pation of  said  buildings,  when  the  same  are  used  solely  and  exclu- 
sively for  religious  worship,  shall  be  free  from  taxation;  provided, 
that  no  building  so  used  which  may  be  rented  for  religious  purposes 
and  rent  received  by  the  owner  therefor,  shall  be  exempt  from  taxa- 
tion.    [Amendment  adopted  November  6,  1900.] 

state,  county,  and  city  bonds  exempt  from  taxation 

Sec.  If.  All  bonds  hereafter  issued  by  the  State  of  California,  or 
by  any  county,  city  and  county,  municipal  corporation,  or  district 
(including  school,  reclamation,  and  irrigation  districts)  within  said 
State,  shall  be  free  and  exempt  from  taxation.  [New  section ;  amend- 
ment adopted  November  4, 1902.] 

FRUIT   AND    nut-bearing   TREES   EXEMPT   FROM   TAXATION 

Sec.  12f .  Fruit  and  nut-bearing  trees  under  the  age  of  four  years " 
from  the  time  of  planting  in  orchard  form,  and  grapevines  under  the 
age  of  three  years  from  the  time  of  planting  in  vineyard  form,  shall 
be  exempt  from  taxation,  and  nothing  in  this  article  shall  be  con- 
strued as  subjecting  such  trees  and  grapevines  to  taxation.  [Amend- 
ment adopted  November  6,  1894.] 
7251— VOL  1—07 32 


462  California— 1902— 1906 

(Article  XIII.  section  5  (repealed),  1906) 

Article  thirteen  of  the  Constitution  of  the  State  of  California 
is  hereby  amended  by  striking  therefrom  and  repealing  section  five 
thereof,  which  section  reads  as  follows : 

"  Sec.  5.  Every  contract  hereafter  made,  by  which  a  debtor  is  ob- 
ligated to  pay  any  tax  or  assessment  on  money  loaned,  or  on  an^ 
mortgage,  deed  of  trust,  or  other  lien,  shall,  as  to  any  interest  speci- 
fied therein,  and  as  to  such  tax  or  assessment,  be  null  and  void." 

(Article  XX,  section  16,  1905) 

Sec.  16.  When  the  term  of  any  officer  or  commissioner  is  not  pro- 
vided for  in  this  Constitution,  the  term  of  such  officer  or  commis- 
sioner may  be  declared  by  law ;  and,  if  not  so  declared,  such  officer  or 
commissioner  shall  hold  his  position  as  such  officer  or  commissioner 
during  the  pleasure  of  the  authority  making  the  appointment;  but 
in  no  case  shall  such  term  exceed  four  years;  provided,  however,  that 
in  the  case  of  any  officer  or  employe  of  any  municipality  governed 
under  a  legally  adopted  charter,  the  provisions  of  such  charter  with 
reference  to  the  tenure  of  office  or  the  dismissal  from  office  of  any 
such  officer  or  employe  shall  control. 

(Article  XX,  section  17,  1902) 

HOUHS  OF  LABOR 

Sec.  17.  The  time  of  service  of  all  laborers  or  workmen  or  mechan- 
ics employed  upon  any  public  works  of  the  State  of  California,  or 
of  any  county,  city  and  county,  city,  town,  district,  township,  or  anj' 
other  political  subdivision  thereof,  whether  said  work  is  done  by 
contract  or  otherwise,  shall  be  limited  and  restricted  to  eight  hours 
in  any  one  calendar  day,  except  in  cases  of  extraordinary  emergency 
caused  by  fire,  flood,  or  danger  to  life  and  propertjr,  or  except  to  work 
upon  public,  military,  or  naval  works  or  defenses  in  time  oi  war,  and 
the  Legislature  shall  provide  by  law  that  a  stipulation  to  this  effect 
shall  b«  incorporated  in  all  contracts  for  public  work,  and  prescribe 
proper  penalties  for  the  speedy  and  efficient  enforcement  of  said  law. 
[Amendment  adopted  November  4, 1902.] 


COLORADO." 


For  organic  acts  issued  before  1861  relating  to  the  land  now  included  within 
Colorado  see,  in  this  worli  : 

Treaty  Ceding  Louisiana,  1803  (Louisiana,  p.  1359). 

Government  of  the  Indian  Countiy,  1834  (Indian  Territory,  p.  1097). 

Convention  between  United  States  and  Texas,  1838  (Texas,  p.  3543). 

Organic  Acts  of  Mexico  and  Texas,  1824-1845  (Texas,  pp.  3475-3547). 

Treaty  of  Guadalupe  Hidalgo,  1848  (California,  p.  377). 

Territory  of  New  Mexico.  1850  (New  Mexico,  p.  2615). 

TeiTitory  of  Utah,  1850  (Utah,  p.  3687). 

Territories  of  Kansas  and  Nebraska,.  1854  (Kansas,  p.  1161). 

TERRITORIAL  GOVERNMENT  OF  COLORADO— 1861  ^ 

[Thirty-Sixth  Congbkss.  Second  Session] 
An  Act  to  provide  a  temporary  government  for  the  Territory  of  Colorado 

Be  it  enacted  hy  the  Senate  and  House  of  Kepi'esentatives  of  the 
United  States  of  America  in  Congress  assemhled^  That  all  that  part 
of  the  territory  of  the  United  States  included  within  the  following 
limits,  viz. :  Commencing  on  the  thirtj^-seventh  parallel  of  north  lati- 
tude, where  the  twenty-fifth  meridian  of  longitude  west  from  Wash- 
ington crosses  the  same ;  thence  north  on  said  meridian  to  the  forty- 
* . — ' 

«  The  area  of  the  State  of  Colorado  was  ceded  to  the  United  States  by  France, 
the  State  of  Texas,  and  Mexico.  The  northeast  portion  of  the  State,  bounded 
north  and  south  by  the  forty-first  and  forty-second  parallels,  east  by  the  twenty- 
fifth  meridian,  and  west  by  the  Rocky  Mountains,  ceded  by  France,  was  a  part 
of  the  original  Territory  of  Nebraska,  and  was  transferred  to  the  Territory  of 
Colorado.  The  eastern  portion  of  the  State,  bounded  north  by  the  fortieth  par- 
allel, east  by  the  twenty-fifth  meridian,  south  by  the  Arkansas  River  westward 
to  the  Twenty-sixth  meridian,  and  west  by  the  Rocky  Mountains,  ceded  by 
France,  was  a  part  of  the  original  Territory  of  Kansas,  and  was  transferred  to 
the  Territory  of  Colorado.  The  southeastern  portion  of  the  State,  bounded  on 
the  north  by  the  Arkansas  River,  east  by  the  Twenty-fifth  meridian,  south  by 
the  thirty-seventh  parallel,  and  west  by  the  twenty-sixth  meridian,  cede<l  by  the 
State  of  Texas  and  by  Mexico,  was  transferred  from  the  original  Territory  of 
Kansas  to  the  Territory  of  Colorado.  The  southern  portion  of  the  State, 
bounded  on  the  north  and  south  by  the  thirty-eighth  and  thirty-seventh  parallels, 
east  by  the  twenty-sixth  meridian,  and  west  by  the  Rocky  Mountains,  ceded  by 
the  State  of  Texas  and  Mexico,  was  transferred  from  the  Territory  of  New 
Mexico  to  the  Territory  of  Colorado.  The  western  portion  of  the  State,  bounded 
north  and  south  by  the  forty-first  and  forty-second  parallels,  east  by  the  Rocky 
Mountains,  and  west  by  tlie  thirty-second  meridian,  ceded  by  Mexico,  was 
transferred  from  the  Territory  of  Utah  to  the  Territory  of  Colorado. 

6  For  other  statutes  of  an  organic  nature  relating  to  Colorado  subsequent  to 
1861  see  an  act  to  fix  time  of  holding  legislative  sessions,  resolution  of  May  21, 
1862 ;  to  abolish  slavery  in,  act  of  June  19,  1862 ;  to  define  the  veto  and  other 
powers  of  the  governor  and  to  organize  the  court  system,  March  2.  1863;  to 

463 


464  Colorado— 1861 

iirst  parallel  of  north  latitude:  thence  along  said  parallel  west  to 
the  tTiirty-second  meridian  of  longitude  west  from  Washington; 
thence  south  on  said  meridian  to  the  northern  line  of  New  Mexico; 
thence  along  the  thirty-seventh  liarallel  of  north  latitude  to  the 
place  of  beginning,  be  and  the  same  is  hereby  erected  into  a  temporary 
government  by  the  name  of  the  Territory  of  Colorado:  Prorided, 
That  nothing  in  this  act  contained  shall  be  construed  to  impair  the 
rights  of  person  or  property  now  pertaining  to  the  Indians  in  said 
Territory,  so  long  as  such  rights  shall  remain  unextinguished  by 
treaty  l)etween  the  United  States  and  such  Indians,  or  to  include  any 
territory  which,  bv  treaty  with  any  Indian  tribe,  is  not,  without  the 
consent  of  said  tribe,  to  be  included  within  the  territorial  limits  or 
jurisdiction  of  any  State  or  Territory;  but  all  such  territory  shall 
be  excepted  out  of  the  boundaries  and  constitute  no  part  of  the 
Territory  of  Colorado  until  said  tribe  shall  signify  their  assent  to 
the  President  of  the  United  States  to  be  included  within  the  said 
Territory,  or  to  affect  the  authority  of  the  Government  of  the  United 
States  to  make  any  regulations  respecting  such  Indians,  their  lands, 
property,  or  other  rights,  by  treatj^  law,  or  otherwise,  which  it  would 
have  been  competent  for  the  Government  to  make  if  this  act  had 
never  passed :  Protmled  further,  That  nothing  in  this  act  contained 
shall  he  construed  to  inliibit  the  Government  of  the  United  States 
from  dividing  said  Territory  into  two  or  more  Territories,  in  such 
manner  and  at  such  times  as  Congress  shall  dei'in  convenient  and 
proper,  or  from  attaching  any  portion  thereof  to  any  other  Territory 
or  State. 

Sec.  2.  And  be  if  further  enacted,  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  Colorado  shall  be  vested  in  a 
governor,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessor shall  Ije  appointed  and  qualified,  unless  sooner  removed  by 
the  President  of  the  United  States.  The  governor  shall  reside  within 
said  Territory,  shall  be  commander-in-chief  of  the  militia  thereof, 
shall  perform  the  duties  and  receive  the  emoluments  of  superintendent 
of  Indian  affairs,  and  shall  approve  all  laws  passed  by  the  legislative 
assembly  before  they  shall  take  effect ;  he  may  grant  pardons  for 
offences  against  the  laws  of  said  Territory,  and  reprieves  for  offences 
against  the  laws  of  the  United  States,  until  the  decision  of  the 
Pre.sident  can  be  made  known  thereon;  he  shall  commission  all 
officers  who  shall  be  appointed  to  office  under  the  laws  of  said  Terri- 
tory, and  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  3.  And  he  it  further  enacted,  That  there  shall  be  a  secretary  of 
said  Territory,  who  shall  reside  therein,  and  hold  his  office  for  four 
years,  unless  sooner  removed  by  the  President  of  the  United  States; 
he  shall  record  and  preserve  all  the  laws  and  proceedings  of  the 

provide  for  admission  to  the  Union,  March  21,  18<>4 ;  to  change  time  for  vote 
upon  constitution,  .June  18.  18G4;  to  regulate  elective  franchise  in,  January  25. 
18G7 ;  to  prohibit  special  acts  of  incoriwration.  March  2.  18G7 ;  to  provide  for 
biennial  elections  and  rotation  in  terms  of  memlwrs  of  legislative  assembly, 
act  of  March  W.  18(57 ;  to  regulate  api)eals  in  courts  and  to  empower  the  legis- 
lature to  incorjiorate  certain  corporations.  May  4,  1870;  to  amend  method  of 
making  api>eals  in  certain  courts,  July  14.  1870;  to  extend  the  i)re-emption  laws 
to,  July  14,  1870;  to  apix>rtlon  members  of  legislative  assenibly,  February  21, 
1871 ;  to  empower  legislature  to  pass  general  laws  for  the  incorporation  of 
certain  companies,  June  10,  1872 :  to  limit  the  duration  of  legislative  sessions 
and  to  fix  the  pay  of  members,  January  23,  1873 ;  to  amend  act  to  enable  people 
of,  to  form  a  constitution,  March  3,  1876. 


Colorado— 1861  465 

legislative  assembly  hereinafter  constituted,  and  all  the  acts  and  pro- 
ceedings of  the  governor,  in  his  executive  department ;  he  shall  trans- 
mit one  copy  of  the  laws  and  one  copy  of  the  executive  proceedings, 
on  or  before  the  first  day  of  December  in  each  year,  to  the  President 
of  the  United  States,  and,  at  the  same  time,  two  copies  of  the  laws  to 
the  Speaker  of  the  House  of  Representatives  and  the  President  of 
the  Senate  for  the  use  of  Congress.  And  in  case  of  the  death,  re- 
moval, or  resignation,  or  other  necessary  absence  of  the  governor 
from  the  Territory,  the  secretary  shall  have,  and  he  is  hereby  author- 
ized and  required  to  execute  and  perform,  all  the  powers  and  duties 
of  the  governor  during  such  vacancy  or  necessary  absence,  or  until 
another  governor  shall  be  duly  appointed  to  fill  such  vacancy. 

Sec.  4.  And  be  it  further  enacted^  That  the  legislative  power  and 
authority  of  said  Territory  shall  be  vested  in  the  governor  and  a 
legislative  assembly.  The  legislative  assembly  shall  consist  of  a  coun- 
cil and  house  of  representatives.  The  coimcil  shall  consist  of  nine 
members,  which  may  be  increased  to  thirteen,  having  the  qualifica- 
tions of  voters  as  hereinafter  prescribed,  whose  term  of  service  shall 
continue  two  years.  The  house  of  representatives  shall  consist  of 
thirteen  members,  Avhich  may  be  increased  to  twenty-six,  possessing 
the  same  qualifications  as  prescribed  for  members  of  the  council,  and 
whose  term  of  service  shall  continue  one  year.  An  ai^portionment 
shall  be  made,  as  nearly  equal  as  practicable,  among  the  several  coun- 
ties or  districts  for  the  election  of  the  council  and  house  of  representa- 
tives, giving  to  each  section  of  the  Territory  representation  in  the 
ratio  of  its  population  (Indians  excepted)  as  nearly  as  may  be;  and 
the  members  of  the  council  and  of  the  house  of  representatives  shall 
reside  in,  and  be  inhabitants  of,  the  district  for  which  they  may  be 
elected,  respectively.  Previous  to  the  first  election  the  governor  shall 
cause  a  census  or  enumeration  of  the  inhabitants  of  the  several  coun- 
ties and  districts  of  the  Territory  to  be  taken ;  and  the  fii-st  election 
shall  be  held  at  such  time  and  places  and  be  conducted  in  such  man- 
ner as  the  governor  shall  appoint  and  direct;  and  he  shall,  at  the 
same  time,  declare  the  number  of  the  members  of  the  council  and 
house  of  representatives  to  which  each  of  the  counties  or  districts  shall 
be  entitled  under  this  act.  The  number  of  persons  authorized  to  be 
elected,  having  the  highest  number  of  votes  in  each  of  said  council 
districts  for  members  of  the  council,  shall  be  declared  by  the  governor 
to  be  dulj'^  elected  to  the  council ;  and  the  person  or  persons  authorized 
to  be  elected  having  the  greatest  number  of  votes  for  the  house  of 
representatives,  equal  to  the  number  to  which  each  county  or  district 
shall  be  entitled,  shall  be  declared  by  the  governor  to  be  elected  mem- 
bers of  the  house  of  representatives:  Provided^  That  in  case  of  a  tie 
between  two  or  more  persons  voted  for,  the  governor  shall  order  a  new 
election  to  supply  the  vacancy  made  by  such  tie.  And  the  persons 
thus  elected  to  the  legislative  assembly  shall  meet  at  such  place  and 
on  such  day  as  the  governor  shall  appoint;  but  thereafter  the  time, 
place,  and  manner  of  holding  and  conducting  all  elections  by  the 
people,  and  the  apportioning  the  representation  in  the  several  coun- 
ties or  districts  to  the  council  and  house  of  representatives  according 
to  the  population,  shall  be  prescribed  by  law,  as  well  as  the  day  of 
the  commencement  of  the  regular  sessions  of  the  legislative  assembly : 
Provided^  That  no  one  session  shall  exceed  the  term  of  forty  days, 
except  the  first,  which  may  be  extended  to  sixty  days,  but  no  longer. 


466  Col(yro(h—1861 

Sec.  5.  And  he  it  further  enacted^  That  every  free  white  male  citi- 
zen of  the  United  States  above  the  age  of  twenty-one  vears,  who  shall 
have  been  a  resident  of  said  Territory  at  the  time  ol  the  passage  of 
this  act,  includinu;  those  recognized  as  citizens  by  the  treaty  with  tlio 
Republic  of  Mexico,  concluded  February  two,  eighteen  hundred  and 
forty-eight,  and  the  treaty  negotiated  with  the  same  country  on  the 
thirtieth  day  of  December,  eighteen  hundred  and  fifty-three,  shall 
be  entitled  to  vote  at  the  first  election,  and  shall  be  eligible  to  any 
office  within  the  said  Territory ;  but  the  qualifications  of  voters  and  of 
holding  office  at  all  subsequent  elections  shall  be  such  as  shall  l)e  pre- 
scribed by  the  legislative  assembly. 

Sec.  G.  And  he  it  further  enacted^  That  the  legislative  power  of  the 
Territory  shall  extend  to  all  rightful  subjects  of  legislation  consistent 
with  the  Constitution  of  the  United  States  and  the  provisions  of  the 
act;  but  no  law  shall  be  passed  interfering  with  the  primary  dis- 
posal of  the  soil;  no  tax  shall  be  imposed  upon  the  property  of  the 
United  States;  nor  shall  the  lands  or  other  property  of  non-residents 
be  taxed  higher  than  the  lands  or  other  proj)erty  of  residents;  nor 
shall  any  law  be  passed  impairing  the  rights  of  private  property;  nor 
shall  any  discrimination  be  made  in  taxing  different  kinds  of  prop- 
erty; but  all  property  subject  to  taxation  shall  be  in  proportion  to 
the  value  of  the  property  taxed. 

Sec.  7.  And  he  it  further  enacted^  That  all  township,  district,  and 
county  officers  not  herein  otherwise  provided  for,  shall  b^  appointed 
or  elected,  as  the  case  may  be,  in  such  manner  as  shall  be  provided  by 
the  governor  and  legislative  assembly  of  the  Territory.  The  governor 
shall  nominate  and,  by  and  with  the  advice  and  consent  of  the  legisla- 
tive council,  appoint  all  officers  not  herein  otherwise  provided  for; 
and  in  the  first  instance  the  governor  alone  may  appoint  all  said 
officers,  who"  shall  hold  their  offices  until  the  end  of  the  first  session 
of  the  legislative  assembly,  and  shall  lay  ofl'  the  necessary  districts 
for  members  of  the  council  and  house  of  representatives,  and  all  other 
officers. 

Sec.  8.  And  he  it  further  enacted^  That  no  member  of  the  legisla- 
tive assembly  shall  hold  or  be  appointed  to  anv  office  which  shall  have 
been  created,  or  the  salary  or  emoluments  of  which  shall  have  been 
increased  while  he  was  a  memlx^r.  during  the  term  for  which  he  was 
elected,  and  for  one  year  after  the  expiration  of  such  term;  and  no 
person  holding  a  commission  or  appointment  under  the  United  States, 
except  postmasters,  shall  be  a  member  of  the  legislative  assembly,  or 
shall  hold  any  office  under  the  government  of  said  Territory. 

Sec.  9.  And  he  it  further  enacted,  That  the  judicial  power  of  said 
Territory  shall  be  vested  in  a  supreme  court,  district  courts,  probate 
courts,  and  in  justices  of  the  peace.  The  supreme  court  shall  consist 
of  a  chief-justice  and  two  associate  justices,  any  two  of  whom  shall 
constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of  govern- 
ment of  said  Territory  annually;  and  they  shall  hold  their  offices 
during  the  period  of  four  veal's.  The  said  Territory  shall  be  divided 
into  three  judicial  districts,  and  a  district  court  shall  be  held  in  each  of 
said  districts  by  one  of  the  justices  of  the  supreme  court  at  such  time 
and  place  as  may  Ixi  prescribed  by  law;  and  the  said  judges  shall, 
after  their  appointments,  respectively,  reside  in  the  districts  which 


Colorado— 1861  467 

shall  be  assigned  them.  The  jurisdiction  of  the  several  courts  herein 
provided  for,  both  appellate  and  original,  and  that  of  the  probate 
courts  and  of  the  justices  of  the  peace,  shall  be  as  limited  by  law: 
Provided,  That  justices  of  the  peace  and  probate  courts  shall  not  have 
jurisdiction  of  any  matter  in  controversy  when  the  title  or  boundaries 
of  land  may  be  in  dispute,  or  where  the  debt  or  sum  claimed  §hall 
exceed  one  hundred  dollars ;  and  the  said  supreme  and  district  courts, 
respectively,  shall  possess  chancery  as  well  as  common-law  jurisdic- 
tion; and  authority  for  redress  of  all  wrongs  committed  against  the 
Constitution  or  laws  of  the  United  States,  or  of  the  Territory,  affect- 
ing persons  or  property.  Each  district  court,  or  the  judge  thereof, 
shall  appoint  its  clerk,  who  shall  also  be  the  register  in  chancery,  and 
shall  keep  his  office  at  the  place  where  the  court  may  be  held.  Writs 
of  error,  bills  of  exception,  and  appeals  shall  be  allowed  in  all  cases 
from  the  final  decisions  of  said  district  courts  to  the  supreme  court, 
under  such  regulations  as  may  be  prescribed  by  law ;  but  in  no  case 
removed  to  the  supreme  court  shall  trial  by  jury  be  allowed  in  said 
court.  The  supreme  court,  or  the  justices  thereof,  shall  appoint  its 
own  clerk,  and  every  clerk  shall  hold  his  office  at  the  pleasure  of  the 
court  for  which  he  shall  have  been  appointed.  Writs  of  error  and 
appeals  from  the  final  decisions  of  said  supreme  court  shall  be 
allowed,  and  may  be  taken  to  the  Supreme  Court  of  the  United  States, 
in  the  same  manner  and  under  the  same  regulations  as  from  tl\e  cir- 
cuit courts  of  the  United  States,  where  the  value  of  the  property  or 
the  amount  in  controversy,  to  be  ascertained  by  the  oath  or  affirmation 
of  either  party,  or  other  competent  witness,  shall  exceed  one  thousand 
dollars;  and  each  of  the  said  district  courts  shall  have  and  exercise 
the  same  jurisdiction,  in  all  cases  arising  under  the  Constitution  and 
laws  of  the  United  States,  as  is  vested  in  the  circuit  and  district  courts 
of  the  United  States ;  and  the  said  supreme  and  district  courts  of  the 
said  Territory,  and  the  respective  judges  thereof,  shall  and  may 
grant  writs  of  habeas  corpus  in  all  cases  in  which  the  same  are  grant- 
able  by  the  judges  of  the  United  States  in  the  District  of  Columbia; 
and  the  first  six  days  of  every  term  of  said  courts,  or  so  much  thereof 
as  shall  be  necessary,  shall  be  appropriated  to  the  trial  of  causes 
arising  under  the  said  Constitution  and  laws,  and  writs  of  error  and 
appeals  in  all  such  cases  shall  be  made  to  the  supreme  court  of  said 
Territory  the  same  as  in  other  cases.  The  said  clerk  shall  receive  in 
all  such  cases  the  same  fees  which  the  clerks  of  the  district  courts  of 
Oregon  Territory  received  for  similar  services. 

Sec.  10.  And  he  it  further  enacted,  That  there  shall  be  appointed 
an  attorney  for  said  Territory,  who  shall  continue  in  office  for  four 
years,  unles  sooner  removed  by  the  President,  and  who  shall  receive 
the  same  fees  and  salary  as  the  attorney  of  the  United  States  for  the 
late  Territory  of  Oregon.  There  shall  also  be  a  marshal  for  the  Terri- 
tory appointed,  who  shall  hold  his  office  for  four  years,  unless  sooner 
removed  by  the  President,  and  who  shall  execute  all  processes  issuing 
from  the  said  courts  when  exercising  their  jurisdiction  as  circuit  and 
district  courts  of  the  United  States;  he  shall  perform  the  duties,  be 
subject  to  the  same  regulations  and  penalties,  and  be  entitled  to  the 
same  fees  as  the  marshal  of  the  district  court  of  the  United  States  for 
the  late  Territory  of  Oregon,  and  shall,  in  addition,  be  paid  two  hun- 
dred dollars  annually  as  a  compensation  for  extra  services. 


468  Colorado—1861 

Sec.  11.  And  he  it  further  enacted^  That  the  governor,  secretary, 
chief -justice,  and  associate  justices,  attorney,  and  marshal,  shall  be 
nominated  and,  by  and  with  the  advice  and  consent  of  the  Senate, 
appointed  by  the  ^President  of  the  United  States.  The  governor  and 
secretary  to  be  appointed  as  aforesaid  shall,  before  they  act  as  such, 
respectively  take  an  oath  or  affirmation  before  the  district  jud<?e  or 
some  justice  of  the  peace  in  the  limits  of  said  Territory  duly  author- 
ized to  administer  oaths  and  affirmations  by  the  laws  now  in  force 
therein,  or  before  the  chief -justice  or  some  associate  justice  of  the 
Supreme  Court  of  the  United  States,  to  support  the  Constitution  of 
the  United  States,  and  faithfully  to  discharge  the  duties  of  their  re- 
spective offices,  which  said  oaths,  when  so  taken,  shall  be  certified  by 
the  jjerson  bv  whom  the  same  shall  have  been  taken;  and  such  cer- 
tificates shall  be  received  and  recorded  by  the  secretary  among  the 
executive  proceedings;  and  the  chief-justice  and  associate  justices, 
and  all  other  civil  officers  in  said  Territory,  before  they  act  as  such, 
shall  take  a  like  oath  or  affirmation  before  the  said  governor  or  secre- 
tary, or  some  judge  or  justice  of  the  peace  of  the  Territory  who  may 
be  duly  commissioned  and  qualified,  which  said  oath  or  affirmation 
shall  be  certified  and  transmitted  by  the  person  taking  the  same  to 
the  secretary,  to  be  by  him  recorded  as  aforesaid;  and  afterward  the 
like  oath  or  affirmation  shall  be  taken,  certified,  and  recorded  in  such 
manner  and  form  as  may  be  prescribed  by  law.  The  governor  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars  as  governor,  and 
one  thousand  dollars  as  superintendent  of  Indian  affairs;  the  chief- 
justice  and  associate  justices  shall  each  receive  an  annual  salary  of 
eighteen  hundred  dollars;  the  secretary  shall  receive  an  annual 
salary  of  eighteen  hundred  dollars.  The  said  salaries  shall  be  paid 
quarter-yearly  at  the  Treasury  of  the  United  States.  The  members 
of  the  legislative  assembly  shall  be  entitled  to  receive  three  dollars 
each  per  day  during  their  attendance  at  the  session  thereof,  and  three 
dollars  for  every  twenty  miles  travel  in  going  to  and  returning  from 
the  said  sessions,  estimated  according  to  the  nearest  usually  travelled 
route.  There  shall  be  appropriatecT  annually  the  sum  of  one  thou- 
sand dollars,  to  be  expended  by  the  governor,  to  defray  the  contingent 
expenses  of  the  Territory.  There  shall  also  be  appropriated  annually 
a  sufficient  sum,  to  be  expended  by  the  secretary  of  the  Territory,  and 
upon  an  estimate  to  be  made  by  the  Secretary  of  the  Treasury  of  the 
United  States,  to  defray  the  expenses  of  the  legislative  assembly,  the 
printing  of  the  laws,  and  other  incidental  expenses;  and  the  secre- 
tary of  the  Territory  shall  annually  account  to  the  Secretary  of  the 
Treasury  of  the  United  States  for  the  manner  in  which  the  aforesaid 
sum  shall  have  been  expended. 

Sec.  12.  And  he  it  further  enacted^  That  the  legislative  assembly 
of  the  Territory  of  Colorado  shall  hold  its  first  session  at  such  time 
and  place  in  said  Territory  as  the  governor  thereof  shall  appoint  and 
direct;  and  at  said  first  session,  or  as  soon  thereafter  as  they  shall 
deem  expedient,  the  governor  and  legislative  assembly  shall  proceed 
to  locate  and  establish  the  seat  of  p:overnment  for  said  Territory  at 
such  place  as  they  may  deem  eligible;  w^hich  place,  however,  shall 
thereafter  be  subject  to  be  changed  by  the  said  governor  and  legisla- 
tive assembly. 


Colorado— 1861  469 

Sec.  13.  And  be  it  further  enacted,  That  a  delegate  to  the  House  of 
Representatives  of  the  United  States,  to  serve  during  each  Congress 
of  the  United  States,  may  be  elected  by  the  voters  qualified  to  elect 
members  of  the  legislative  assembly,  who  shall  be  entitled  to  the  same 
rights  and  privileges  as  are  exercised  and  enjoyed  by  the  delegates 
from  the  several  other  Territories  of  the  United  States  to  the  said 
House  of  Representatives.  The  first  election  shall  be  held  at  such 
time  and  places  and  be  conducted  in  such  manner  as  the  governor 
shall  appoint  and  direct;  and  at  all  subsequent  elections  the  times, 
places,  and  manner  of  holding  elections  shall  be  prescribed  by  law. 
The  person  having  the  greatest  number  of  votes  shall  be  declared  by 
the  governor  to  be  duly  elected,  and  a  certificate  thereof  shall  be  given 
accordingly. 

Sec.  14.  And  he  it  further  enacted,  That  when  the  land  in  the  said 
Territory  shall  be  surveyed,  under  the  direction  of  [the]  Government 
of  the  United  States,  preparatory  to  bringing  the  same  into  market, 
sections  numbered  sixteen  and  thirty-six  in  each  township  in  said  Ter- 
ritory shall  be  and  the  same  are  hereby  reserved  for  the  purpose  of 
being  applied  to  schools  in  the  States  hereafter  to  be  erected  out  of 
the  same. 

Sec.  15.  And  he  it  further  enacted,  That  temporarily,  and  until 
otherwise  provided  by  law,  the  governor  of  said  Territory  may  define 
the  judicial  districts  of  said  Territory,  and  assign  the  judges  who 
may  be  appointed  for  said  Territory  to  the  several  districts,  and  also 
appoint  the  times  and  places  for  holding  courts  in  the  several  coun- 
ties or  subdivisions  in  each  of  said  judicial  districts  by  proclamation 
to  be  issued  by  him ;  but  the  legislative  assembly  at  their  first  or  any 
subsequent  session  may  organize,  alter,  or  modify  such  judicial  dis- 
tricts, and  assign  the  judges,  and  alter  the  times  and  places  of  holding 
the  courts,  as  to  them  shall  seem  proper  and  convenient. 

Sec.  16.  And  he  it  further  enacted,  That  the  Constitution  and  all 
laws  of  the  United  States  which  are  not  locally  inapplicable  shall 
have  the  same  force  and  effect  within  the  said  Territory  of  Colorado 
as  elsewhere  within  the  United  States. 

Sec.  17.  And  he  it  further  enacted.  That  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate,  shall 
be  and  he  is  hereby  authorized  to  appoint  a  surveyor-general  for 
Colorado,  who  shall  locate  his  office  at  such  place  as  the  Secretary  of 
the  Interior  shall  from  time  to  time  direct,  and  whose  duties,  powers, 
obligations,  responsibilities,  compensation,  and  allowances  for  clerk- 
hire,  office-rent,  fuel,  and  incidental  expenses  shall  be  the  same  as  those 
of  the  surveyor-general  of  New  Mexico,  under  the  direction  of  the 
Secretary  of  the  Interior,  and  such  instructions  as  he  may  from  time 
to  time  deem  it  advisable  to  give  him. 

Approved,  February  28, 1861. 


470  Colorado— 1875 

ENABLING  ACT  FOR  COLORADO— 1875  « 
[Fobty-Thibd  Conqbess,  Second  Session] 

An  Act  to  enable  the  people  of  Ck)lorado  to  form  a  constitution  and  State  gov- 
ernment, and  for  the  admission  of  the  said  State  into  the  Union  on  an  equal 
footing  with  the  original  States 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  ('ongress  assembled,  That  the  inhabit- 
ants of  the  Territory  of  Colorado  included  in  the  boundaries  here- 
inafter designated  be,  and  they  are  hereby,  authorized  to  form  for 
themselves,  out  of  said  Territory,  a  State  government,  with  the  name 
of  the  State  of  Colorado;  which  State,  when  formed,  shall  be  ad- 
mitted into  the  Union  upon  an  equal  footing  with  the  original  States 
in  all  respects  whatsoever,  as  hereinafter  provided. 

Sec.  2.  That  the  said  State  of  (\)lorado  shall  consist  of  all  the  terri- 
tory included  within  the  following  boundaries,  to  wit:  Commencing 
on  the  thirty-seventh  parallel  of  north  latitude,  where  the  twenty- 
fifth  meridian  of  longitude  west  from  AVashington  crosses  the  same; 
thence  north,  on  said  meridian,  to  the  forty-first  parallel  of  north 
latitude;  thence  along  said  parallel  west  to  the  thirty-second  meridian 
of  longitude  west  from  Washington;  thence  south  on  said  meridian 
to  the  thirty-seventh  parallel  of  north  latitude;  thence  along  said 
thirty-seventh  parallel  of  north  latitude  to  the  i:)lace  of  beginning. 

Sec.  3.  That  all  persons  qualified  by  law  to  vote  for  representatives 
to  the  general  assembly  of  said  Territory,  at  the  date  of  the  passage  of 
this  act,  shall  be  qualified  to  be  elected,  and  they  are  hereby  author- 
ized to  vote  for  and  choose  representatives  to  form  a  convention  under 
such  rules  and  regulations  as  the  governor  of  said  Territory,  the 
chief -justice,  and  the  United  States  attorney  thereof  may  prescribe; 
and  also  to  vote  upon  the  acceptance  or  rejection  of  such  constitu- 
tion as  may  be  formed  by  said  convention,  under  such  rules  and  regu- 
lations as  said  convention  may  prescribe;  and  the  aforesaid  repre- 
sentatives to  form  the  aforesaid  convention  shall  be  apportioned 
among  the  several  counties  in  said  Territoiy  in  proportion  to  the 
vote  polled  in  each  of  said  counties  at  the  last  general  election,  as 
near  as  may  be;  and  said  apportionment  shall  be  made  for  said  Terri- 
tory by  the  governor.  United  States  district  attorney,  and  chief-justice 
thereof,  or  any  two  of  them;  and  the  governor  of  said  Territory 
shall,  by  proclamation,  order  an  election  of  the  representatives  afore- 
said to  be  held  throughout  the  Territory  at  such  time  as  shall  be  fixed 
by  the  governor,  chief -justice,  and  United  States  attorney,  or  any 
two  of  them,  which  proclamation  shall  l)e  issued  within  ninety  days 
next  after  the  first  day  of  September,  eighteen  hundred  and  seventy- 

"An  enabling  act  for  the  admission  of  Colorado  into  the  Union  was  passed 
March  21,  1864.  A  State  constitution,  formed  by  a  convention  held  in  1864, 
under  the  provisions  of  this  act,  was  submitted  to  the  voters  of  Colorado,  and 
was  rejected :  but  a  second  constitution,  formed  by  a  second  convention,  held 
in  August,  186i>,  was  submitted  to  tlie  voters  of  Colorado  on  the  5th  of  Sep- 
tember, 1865,  and  was  ratified  by  a  majority  of  105.  Congress  at  the  ensuing 
session  passed  an  act  for  the  admission  of  Colorado  into  the  Union,  which  was 
vetoed  by  President  .Tohnson  May  15,  1866.  A  second  bill  passed  by  Congress 
for  the  admission  of  Colorado  into  the  Union  was  also  vetoed  by  President 
Johnson  January  29,  1867. 


Colorado— 1875  471 

five,  and  at  least  thirty  days  prior  to  the  time  of  said  election ;  and 
such  election  shall  be  conducted  in  the  same  manner  as  is  prescribed 
by  the  laws  of  said  Territory  regulating  elections  therein  for  mem- 
bers of  the  house  of  representatives;  and  the  number  of  members  to 
said  convention  shall  be  the  same  as  now  constitutes  both  branches 
of  the  legislature  of  the  aforesaid  Territory. 

Sec.  4.  That  the  members  of  the  convention  thus  elected  shall 
meet  at  the  capital  of  said  Territory,  on  a  day  to  be  fixed  by  said 
governor,  chief -justice,  and  United  States  attorney,  not  more  than 
sixty  days  subsequent  to  the  day  of  election,  which  time  of  meeting 
shall  be  contained  in  the  aforesaid  proclamation  mentioned  in  the 
third  section  of  this  act,  and,  after  organization,  shall  declare,  on 
behalf  of  the  people  of  said  TeiTitory,  that  they  adopt  tiie  Constitu- 
tion of  the  United  States;  whereupon  the  said  convention  shall  be, 
and  is  hereby,  authorized  to  form  a  constitution  and  State  govern- 
ment for  said  Territory :  Provided^  That  the  constitution  shall'  be 
republican  in  form,  and  make  no  distinction  in  civil  or  political 
rights  on  account  of  race  or  color,  except  Indians  not  taxed,  and  not 
be  repugnant  to  the  Constitution  of  the  United  States  and  the  prin- 
ciples of  the  Declaration  of  Independence:  And  provided  furthei'^ 
That  said  convention  shall  provide,  by  an  ordinance  irrevocable 
without  the  consent  of  the  United  States  and  the  people  of  said 
State,  first,  that  perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  no  inhabitant  of  said  State  shall  ever  be  molested,  in 
person  or  property,  on  account  of  his  or  her  mode  of  religious  wor- 
ship; secondly,  that  the  people  inhabiting  said  Territory,  do  agree 
and  declare  that  they  forever  disclaim  all  right  and  title  to  the 
unappropriated  public  lands  lying  within  said  Territory,  and  that 
the  same  shall  be  and  remain  at  the  sole  and  entire  disposition  of  the 
United  States,  and  that  the  lands  belonging  to  citizens  of  the  United 
States  residing  without  the  said  State  shall  never  be  taxed  higher 
than  the  lands  belonging  to  residents  thereof,  and  that  no  taxes  shall 
be  imposed  by  the  State  on  lands  or  property  therein  belonging  to,  or 
which  may  hereafter  be  purchased  by,  the  United  States. 

Sec.  5.  That  in  case  the  constitution  and  State  government  shall 
be  formed  for  the  people  of  said  Territory  of  Colorado,  in  compliance 
with  the  provisions  of  this  act,  said  convention  forming  the  same  shall 
provide,  by  ordinance,  for  submitting  said  constitution  to  the  people 
of  said  State  for  their  ratification  or  rejection,  at  an  election,  to  be 
held  at  such  time,  in  the  month  of  July,  eighteen  hundred  and 
seventy-six,  and  at  such  places  and  under  such  regulations  as  may  be 
prescribed  by  said  convention,  at  which  election  the  lawful  voters 
of  said  new  State  shall  vote  directly  for  or  against  the  proposed 
constitution ;  and  the  returns  of  said  election  shall  be  made  to  the 
acting  governor  of  the  Territory;  who,  with  the  chief-justice  and 
United  States  attorney  of  said  Territory,  or  any  two  of  them,  shall 
canvass  the  same;  and  if  a  majority  of  legal  votes  shall  be  cast  for 
&aid  constitution  in  said  proposed  State,  the  said  acting  governor 
shall  certify  the  same  to  the  President  of  the  United  States,  together 
with  a  copy  of  said  constitution  and  ordinances;  whereupon  it  shall 
be  the  duty  of  the  President  of  the  United  States  to  issue  his 
proclamation  declaring  the  State  admitted  into  the  Union  on  an  equal 
footing  with  the  original  States,  without  any  further  action  whatever 
on  the  part  of  Congress. 


472  Colorado— 1875 

Sec.  6.  That  until  tho  next  general  census  said  State  shall  be 
entitled  to  one  Kepreseiitative  in  the  House  of  Representatives  of 
the  United  States,  which  Representative,  together  with  the  governor 
and  State  and  other  ofiicers  provided  for  in  said  constitution,  shall  bo 
elected  on  a  day  subsecpient  to  the  ado]>tion  of  the  constitution,  and 
to  be  fixed  by  said  constitutional  convention;  and  until  said  State 
officers  are  elected  and  qualified  under  the  j)rovisions  of  the  con- 
stitution, the  territorial  officers  shall  continue  to  discharge  the 
duties  of  their  respective  offices. 

Sec.  7.  That  sections  numbered  sixteen  and  thirty-.six  in  every 
township,  and  where  such  sections  have  been  sold  or  otherwise  dis- 
posed of  by  any  act  of  Congress,  other  lands,  equivalent  thereto,  in 
legal  subdivisions  of  not  more  than  one  quarter-section,  and  as  con- 
tiguous as  may  be,  are  hereby  granted  to  said  State  for  the  support 
of  common  schools. 

Sec.  8.  That,  provided  the  State  of  Colorado  shall  be  admitted 
into  the  I^'^nion  in  accordance  with  the  foregoing  provisions  of  this  act, 
fifty  entire  sections  of  the  unappropriated  public  lands  within  said 
State,  to  l^e  selected  and  located  by  direction  of  the  legislature  thereof, 
and  with  the  approval  of  the  President,  on  or  before  the  first  day  of 
January,  eighteen  hundred  and  seventy-eight,  shall  be,  and  are 
hereby,  granted,  in  legal  subdivisions  of  not  less  than  one  quarter- 
st^ction,  to  said  State  tor  the  ])uri)<)se  of  erecting  public  buildings  at 
the  capital  of  said  State  for  legislative  and  judicial  purposes,  in  such 
manner  as  the  legislature  shall  prescribe. 

Sec.  9.  That  fiftv  other  entire  sections  of  land  as  aforesaid,  to  lie 
selected  and  located  and  with  the  approval  as  aforesaid,  in  legal  sub- 
divisions as  aforesaid,  shall  be,  and  they  are  hereby,  granted  to  said 
State  for  the  purpose  of  erecting  a  suitable  building  for  a  peniten- 
tiary or  State  prison  in  the  manner  aforesaid. 

Sec.  10.  That  seventy-two  other  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  State  university,  to  l)e 
selected  and  approved  in  manner  as  aforesaid,  and  to  be  appropri- 
ated and  applied  as  the  legislature  of  said  State  may  prescril)e  for 
the  purpose  named  and  for  no  other  purpose. 

Sec.  11.  That  all  salt-springs  within  said  State,  not  exceeding 
twelve  in  number,  with  six  sections  of  land  adjoining,  and  as  con- 
tiguous as  may  be  to  each,  shall  be  granted  to  said  State  for  its  u^e, 
the  said  land  to  be  selected  bv  the  governor  of  said  State  within  two 
years  after  the  admission  o^  the  State,  and  when  so  selected  to  be 
used  and  disposed  of  on  such  terms,  conditions,  and  regulations  as 
the  legislature  shall  direct:  Provided,  That  no  salt-spring  or  lands 
the  right  whereof  is  now  vested  in  any  individual  or  individuals,  or 
which  hereafter  shall  l)e  confirmed  or  adjudged  to  any  individual  or 
individuals,  shall  by  this  act  be  granted  to  said  State. 

Sec.  12.  That  five  per  centum  of  the  proceeds  of  the  sales  of  agri- 
cultural public  lands  lying  within  said  State  which  shall  be  sold  by 
the  United  States  subsequent  to  the  admission  of  said  State  into  the 
Union,  after  deducting  all  the  expenses  incident  to  the  same,  shall 
be  paid  to  the  said  State  for  the  purpose  of  making  such  internal 
improvements  within  said  State  as  the  legislature  thereof  may  direct : 
Proi'ided,  That  this  section  shall  not  apply  to  any  lands  disposed  of 
under  the  homestead  laws  of  the  United  States,  or  to  any  lands  now 
or  hereafter  reserved  for  public  or  other  uses. 


Colorado— 1876  473 

Sec.  13.  That  any  balance  of  the  appropriations  for  the  legislative 
expenses  of  said  Territorjy^  of  Colorado  remaining  unexpended  shall 
be  applied  to  and  used  tor  defraying  tlie  expenses  of  said  conven- 
tion, and  for  the  payment  of  the  members  thereof,  under  the  same 
rules  and  regulations  and  rates  as  are  now  provided  by  law  for  the 
payment  of  the  territorial  legislature. 

Sec.  14.  That  the  two  sections  of  land  in  each  township  herein 
granted  for  the  support  of  common  schools  shall  be  disposed  of  only 
at  public  sale  and  at  a  price  not  less  than  two  dollars  and  fifty  cents 
per  acre,  the  proceeds  to  constitute  a  permanent  school-fund,  the 
mterest  of  which  to  be  expended  in  the  support  of  common  schools. 

Sec.  15.  That  all  mineral-lands  shall  be  excepted  from  the  opera- 
tion and  grants  of  this  act. 

Approved,  March  3,  1875. 

PROCLAMATION  ANNOUNCING  THE  ADMISSION  OF  COLORADO— 

1876 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA 
A  PROCLAMATION 

Whereas  the  Congress  of  the  United  States  did,  by  an  act  approved 
on  the  3rd  day  of  March,  1875,  authorize  the  inhabitants  of  the  Ter- 
ritory of  Colorado  to  form  for  themselves  out  of  said  Territory  a 
State  government  with  the  name  of  the  State  of  Colorado,  and  for 
the  admission  of  such  State  into  the  Union  on  an  equal  footing  with 
the  original  States  upon  certain  conditions  in  said  act  specified;  and 

Whereas  it  was  provided  by  said  act  of  Congress  that  the  conven- 
tion elected  by  the  people  of  said  Territory  to  frame  a  State  con- 
stitution should,  when  assembled  for  that  purpose  and  after  organi- 
zation, declare  on  behalf  of  the  people  that  they  adopt  the  Consti- 
tution of  the  United  States,  and  should  also  provide  by  an  ordinance, 
irrevocable  without  the  consent  of  the  United  States  and  the  people 
of  said  State,  that  perfect  toleration  of  religious  sentiment  shall  be 
secured  and  that  no  inhabitant  of  said  State  shall  ever  be  molested 
in  person  or  property  on  account  of  his  or  her  mode  of  religious  wor- 
ship, and  that  the  people  inhabiting  said  Territory  do  agree  and  de- 
clare that  they  forever  disclaim  all  right  and  title  to  the  unappro- 
priated public  lands  lying  Avithin  said  Territory  and  that  the  same 
shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  United 
States,  and  that  the  lands  belonging  to  citizens  of  the  United  States 
residing  without  the  said  State  shall  never  be  taxed  higher  than  the 
lands  belonging  to  residents  thereof,  and  that  no  taxes  shall  be  im- 
posed by  the  State  on  lands  or  property  therein  belonging  to  or  which 
may  hereafter  be  purchased  by  the  United  States ;  and 

Whereas  it  was  further  provided  by  said  act  that  the  constitution 
thus  formed  for  the  people  of  the  Territory  of  Colorado  should,  by 
an  ordinance  of  the  convention  forming  the  same,  be  submitted  to  the 
people  of  said  Territory  for  ratification  or  rejection  at  an  election  to 
be  held  in  the  month  of"  July,  1876,  at  w^hich  election  the  lawful  voters 
of  said  new  State  should  vote  directly  for  or  against  the  proposed 
constitution,  and  the  returns  of  said  election  should  be  niade  to  the 
acting  governor  of  the  Territory,  who,  with  the  chief  justice  and- 


474  Colorado— 1876 

United  States  attorney  of  said  Territory,  or  any  two  of  them,  should 
canvass  the  same,  and,  if  a  majority  of  legal  votes  should  be  cast  for 
said  constitution  in  said  proposea  State  the  said  acting  governor 
should  certify  the  same  to  the  President  of  the  United  States,  to- 
gether with  a  copy  of  said  constitution  and  ordinances,  whereupon 
it  should  be  the  duty  of  the  President  of  the  United  States  to  issue 
his  proclamation  declaring  the  State  admitted  into  the  Union  on  an 
equal  footing  with  the  original  States,  without  any  further  action 
whatever  on  the  part  of  Congress ;  and 

WTiereas  it  has  been  certified  to  me  by  the  acting  governor  of  said 
Territory  of  Colorado  that  within  the  tmie  prescribed  by  said  act  of 
Congress  a  constitution  for  said  proposed  State  has  Ijcen  adopted  and 
the  same  ratified  by  a  majority  of  the  legal  voters  of  said  proposed 
new  State,  in  accordance  with  the  conditions  prescribed  by  said  act 
of  Congress;  and 

AAHiereas  a  duly  authenticated  copy  of  said  constitution  and  of  the 
declaration  and  ordinance  required  by  said  act  has  been  received 
b}'  me: 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United 
States  of  America,  do,  in  accordance  with  the  provisions  of  the  act 
of  Congress  aforesaid,  declare  and  proclaim  the  fact  that  the  funda- 
mental conditions  imposed  by  Congress  on  the*  State  of  Colorado  to 
entitle  that  State  to  admission  to  the  Union  have  been  ratified  and 
accepted,  and  that  the  admission  of  the  said  State  into  the  Union  is 
now  complete. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  have  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  1st  day  of  August, 
[seal.]     a.  D.  1876,  and  of  the  Independence  of  the  United  States 
of  America  the  one  hundred  and  first. 

U.  S.  Grant. 

By  the  President : 
Hamilton  Fish, 

Secretary  of  State. 

CONSTITUTION  OF  COLORADO— 1876  *  « 

preamble 

We,  the  people  of  Colorado,  with  profound  reverence  for  the 
Supreme  Ruler  of  the  Universe,  in  order  to  form  a  more  independent 
and  perfect  government,  establish  justice,  insure  tranquillity,  provide 
for  the  common  defence,  promote  the  general  welfare,  and  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain  and 
establish  this  constitution  for  the  State  of  Colorado. 

*  Verified  from  "  The  Constitution  of  the  State  of  Colorado,  Adopted  in  Con- 
vention, March  14,  1876.     Denver.  Col. :  Tribune  Book  and  Job  Printing  House." 

o  This  constitution  was  adopted  at  a  convention  which  met  at  Denver,  Decem- 
ber 20,  1875,  and  completed  its  labors  March  14,  1870.  It  was  submitted  to  the 
people  of  Colorado  and  ratifietl  July  1,  1876.  The  President  of  the  United 
States  issued  his  proclamation,  August  1,  1876.  declaring  that  the  fundamental 
conditions  imposed  by  Congress  had  been  ratified,  and  that  the  admission  of  the 
State  into  the  Union  was  complete. 


Colorado— 1876  475 

Article  I 

BOUNDARIES 

The  boundaries  of  the  State  of  Colorado  shall  be  as  follows :  Com- 
mencing on  the  thirty-seventh  parallel  of  north  latitude,  where  the 
twenty-fifth  meridian  of  longitude  west  from  Washington  crosses  the 
same;  thence  north  on  said  meridian  to  the  forty-first  parallel  of 
north  latitude;  thence  along  said  parallel  west  to  the  thirty-second 
meridian  of  longitude  west  from  Washington;  then  south  on  said 
meridian  to  the  thirty-seventh  parallel  of  north  latitude;  thence 
along  said  thirty-seventh  parallel  of  north  latitude  to  the  place  of 
beginning. 

Article  II 

BILL  or  rights 

In  order  to  assert  our  rights,  acknowledge  our  duties,  and  proclaim 
the  principles  upon  which  our  government  is  founded,  we  declare— 

Section  1.  That  all  political  power  is  vested  in  and  derived  from 
the  people;  that  all  government,  of  right,  originates  from  the  people, 
is  founded  upon  their  will  only,  and  is  instituted  solely  for  the  good 
of  the  whole. 

Sec.  2.  That  the  people  of  this  State  have  the  sole  and  exclusive 
right  of  governing  themselves,  as  a  free,  sovereign,  and  independent 
State,  and  to  alter  and  abolish  their  constitution  and  form  of  govern- 
ment whenever  they  may  deem  it  necessary  to  their  safety  and  hap- 
piness, provided  such  change  be  not  repugnant  to  the  Constitution  of 
the  United  States. 

Sec.  3.  That  all  persons  have  certain  natural,  essential,  and  in- 
alienable rights,  among  which  may  be  reckoned  the  right  of  enjoying 
and  defending  their  lives  and  liberties ;  that  of  acquiring,  possessing, 
and  protecting  property,  and  of  seeking  and  obtaining  their  safety 
and  happiness. 

Sec.  4.  That  the  free  exercise  and  enjoyment  of  religious  profes- 
sion and  worship,  without  discrimination,  shall  forever  hereafter  be 
guaranteed;  and  no  person  shall  be  denied  any  civil  or  political 
right,  privilege,  or  capacity  on  account  of  his  opinions  concerning  re- 
ligion ;  but  the  liberty  of  conscience  hereby  secured  shall  not  be  con- 
strued to  dispense  with  oaths  or  affirmations,  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  good  order,  peace,  or 
safety  of  the  State.  No  person  shall  be  required  to  attend  or  sup- 
port any  ministry  or  place  of  worship,  religious  sect  or  denomination 
against  his  consent ;  nor  shall  any  preference  be  given  by  law  to  any 
religious  denomination  or  mode  of  worship. 

Sec.  5.  That  all  elections  shall  be  free  and  open;  and  no  power, 
civil  or  military,  shall  at  any  time  interfere  to  prevent  the  free  exer- 
cise of  the  right  of  suffrage. 

Sec.  6.  That  courts  of  justice  shall  be  open  to  every  person,  and  a 
speedy  remedy  afforded  for  every  injury  to  person,  property,  or 
character ;  and  that  right  and  justice  should  be  administered  without 
sale,  denial,  or  delay. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons,  papers, 
homes,  and  effects  from  unreasonable  searches  and  seizures;  and  no 


476  Colorado— 1876 

warrant  to  search  any  place  or  seize  any  person  or  thing  shall  issue 
without  describing  the  place  to  be  searched,  or  the  person  or  thing  to 
be  seized,  as  near  as  may  be,  nor  without  probable  cause,  supported 
by  oath  or  affirmation,  reduced  to  writing. 

Sec.  8.  That,  until  otherwise  provided  by  law,  no  person  shall,  for 
a  felony,  l)e  proceeded  against  criminally,  otherwise  than  by  indict- 
ment, excej)t  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  public  danger.  In 
all  other  cases  offences  shall  be  prosecuted  criminally  by  indictment 
or  information. 

Sec.  i).  That  treason  against  the  State  can  consist  only  in  levying 
war  against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort ;  that  no  person  can  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  his  confession  in 
open  court;  that  no  person  can  be  attainted  of  treason  or  felony  by 
the  general  assembly;  that  no  conviction  can  work  corruption  of 
blood  or  forfeiture  of  estate ;  that  the  estates  of  such  i^ersons  as  may 
destroy  their  own  lives  shall  descend  or  vest  as  in  cases  of  natural 
death. 

Sec.  10.  That  no  law  shall  be  passed  impairing  the  freedom  of 
speech;  that  every  person  shall  be  free  to  speak,  write,  or  publish 
whatever  he  will  on  any  subject,  l)eing  responsible  for  all  abuse  of 
that  liberty;  and  that  in  all  suits  and  prosecutions  for  libel,  the  truth 
thereof  nuiy  be  given  in  evidence,  and  the  jury,  under  the  direction 
of  the  court,  shall  determine  the  law  and  the  fact. 

Sec.  11.  That  no  ea.^  post  facto  law,  nor  law  impairing  the  obliga- 
tion of  coutnicts,  or  retrospective  in  its  operation,  or  making  any 
irrevocable  grant  of  special  privileges,  franchises,  or  immunities,  shall 
be  passed  by  the  general  assembly. 

Sec.  12.  That  no  person  shall  be  imprisoned  for  debt,  unless  upon 
refusal  to  deliver  up  his  estate  for  the  benefit  of  his  creditor,  in  such 
manner  as  shall  be  prescribed  by  law,  or  in  cases  of  tort  or  where 
there  is  strong  presumption  of  fraud. 

Sec.  13.  That  the  right  of  no  person  to  keep  and  bear  arms  in 
defence  of  his  home,  person,  and  property,  or  in  aid  of  the  civil  power 
when  thereto  legally  summoned,  shall  be  called  in  question ;  but  noth- 
ing herein  contained  shall  l)e  construed  to  justify  the  practice  of 
carrying  concealed  weapons. 

Sec.  14.  That  private  property  shall  not  be  taken  for  private  use 
unless  by  consent  of  the  owner,  e.xcept  for  private  ways  of  necessity, 
and  except  for  reservoirs,  drains,  flumes,  or  ditches  on  or  across  the 
lands  of  others,  for  agricultural,  mining,  milling,  domestic,  or  sani- 
tary j)urposes. 

Sec.  15.  That  private  property  shall  not  be  taken  or  damaged,  for 
public  or  private  use,  without  just  compensation.  Such  compensation 
shall  be  ascertained  by  a  board  of  commissioners,  of  not  less  than  three 
freeholders,  or  by  a  jury,  when  required  by  the  owner  of  the  prop- 
erty, in  such  manner  as  may  be  prescribed  by  law,  and  untiF  the  same 
shall  be  paid  to  the  owner,  or  into  court  for  the  owner,  the  property 
shall  not  l)e  needlessly  disturbed,  or  the  proprietary  rights  of  the 
owner  therein  divested;  and  whenever  an  attempt  is  made  to  take 
private  property  for  a  use  alleged  to  be  public,  the  question  whether 
the  contemplated  use  be  really  public  shall  be  a  judicial  question,  and 


Colorado— 1876  477 

determined  as  such  without  regard  to  any  legislative  assertion  that 
the  use  is  public. 

Sec.  16.  That  in  criminal  prosecutions  the  accused  shall  have  the 
right  to  appear  and  defend  in  person  and  by  counsel ;  to  demand  the 
nature  and  cause  of  the  accusation ;  to  meet  the  witnesses  against  him 
face  to  face ;  to  have  process  to  compel  the  attendance  ot  witnesses 
in  his  behalf,  and  a  speedy  public  trial  by  an  impartial  jury  of  the 
county  or  district  in  which  the  offence  is  alleged  to  have  been 
committed. 

Sec.  17.  That  no  person  shall  be  imprisoned  for  the  purpose  of 
securing  his  testimony  in  any  case  longer  than  may  be  necessary  in 
order  to  take  his  deposition.  If  he  can  give  security  he  shall  be  dis- 
charged ;  if  he  cannot  give  security,  his  deposition  shall  be  taken  by 
some  judge  of  the  supreme,  district,  or  county  court,  at  the  earliest 
time  he  can  attend,  at  some  convenient  place  by  him  appointed  for 
that  purpose,  of  which  time  and  place  the  accused  and  the  attorney 
prosecuting  for  the  people  shall  have  reasonable  notice.  The  accused 
shall  have  the  right  to  appear  in  person  and  by  counsel.  If  he  have 
no  counsel  the  judge  shall  assign  him  one  in  that  behalf  only.  On  the 
completion  of  such  examination  the  witness  shall  be  discharged  on 
his  own  recognizance,  entered  in  before  said  judge,  but  such  deposition 
shall  not  be  used  if,  in  the  opinion  of  the  court,  the  personal  attend- 
ance of  the  witness  might  be  procured  by  the  prosecution,  or  is  pro- 
cured by  the  accused.  No  exception  shall  be  taken  to  such  deposition 
as  to  matters  of  form. 

Sec.  18.  That  no  person  shall  be  compelled  to  testifj'^  against  him- 
self in  a  criminal  case,  nor  shall  any  person  be  twice  put  in  jeopardy 
for  the  same  offence.  If  the  jury  disagree,  or  if  the  judgment  be 
arrested  after  verdict,  or  if  the  judgment  be  reserved  for  error  in 
law,  the  accused  shall  not  be  deemed  to  have  been  in  jeopardy. 

Sec.  19.  That  all  persons  shall  be  bailable  by  sufficient  sureties, 
except  for  capital  offences,  when  the  proof  is  evident  or  the  presump- 
tion great. 

Sec.  20.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Sec.  21.  That  the  privilege  of  the  w^rit  of  habeas  corpus  shall  never 
be  suspended,  unless  when,  in  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  22.  That  the  military  shall  always  be  in  strict  subordination 
to  the  civil  power;  that  no  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner,  nor  in  time  of 
war  except  in  the  manner  prescribed  by  law. 

Sec.  23.  The  right  of  trial  by  jury  shall  remain  inviolate  in  crimi- 
nal cases;  but  a  jury  in  civil  cases  in  all  courts,  or  in  criminal  cases 
in  courts  not  of  record,  may  consist  of  less  than  twelve  men,  as  may 
be  prescribed  by  law.  Hereafter  a  grand  jury  shall  consist  of  twelve 
men,  any  nine  of  whom  concurring  may  find  an  indictment:  Pro- 
vided^ The  general  assembly  may  change,  regulate,  or  abolish  the 
grand- jury  system. 

Sec.  24.  That  the  people  have  the  right  peaceably  to  assemble  for 
the  common  good,  and  to  apply  to  those  invested  with  the  powers  of 
government  for  redress  of  grievances,  by  petition  or  remonstrance. 

Sec.  25.  That  no  person  shall  be  deprived  of  life,  liberty,  or  prop- 
erty without  due  process  of  law. 
7251— VOL  1—07 33 


478  Colorado— 1876 

Sec.  26.  That  there  shall  never  be  in  this  State  either  slavery  or 
involutary  servitude,  except  as  a  punishment  for  crime,  whereof  the 
party  shall  have  been  duly  convicted. 

Sec.  27.  Aliens,  who  are  or  who  may  hereafter  become  hona-flde 
residents  of  this  otate,  may  acquire,  inherit,  possess,  enjoy,  and  dis- 
pose of  property,  real  and  j^ersonal,  as  native-born  citizens. 

Sec.  28.  The  enumeration  in  this  constitution  of  certain  rights  shall 
not  be  construed  to  deny,  impair,  or  disparage  others  retained  by  the 
people. 

Article  III 

DISTRIBUTION    OF   POWERS 

The  powers  of  the  government  of  this  State  are  divided  into  three 
distinct  departments,  the  legislative,  executive,  and  judicial,  and  no 
person,  or  collection  of  persons,  charged  with  the  exercise  of  powers 
properlv  lielonging  to  one  of  these  departments  shall  exercise  any 
power  properly  belonging  to  either  of  the  others,  except  as  in  this 
constitution  expressly  directed  or  permitted. 

Article  IV 
executive  department 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
lieutenant-governor,  secretary  of  state,  auditor  of  state.  State  treas- 
4irer,  attorney-general,  and  superintendent  of  public  instruction,  each 
of  whom  shall  hold  his  office  for  the  term  of  two  years,  beginning  on 
the  second  Tuesday  of  January  next  after  his  election :  Provided^ 
That  the  terms  of  office  of  those  chosen  at  the  first  election  held  under 
this  constitution  shall  begin  on  the  day  appointed  for  the  first  meet- 
ing of  the  general  assembly.  The  officers  of  the  executive  department, 
excepting  the  lieutenant-governor,  shall,  during  their  term  of  offices, 
reside  at  the  seat  of  government,  where  thev  shall  keep  the  public 
records,  books,  and  papers.  They  shall  perform  such  duties  as  are 
prescribed  by  this  constitution  or  by  law. 

Sec.  2.  The  supreme  executive  power  of  the  State  shall  lie  vested 
in  the  governor,  who  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  eS.  The  officers  named  in  section  one  of  this  article  shall  be 
chosen  on  the  day  of  the  general  election  by  the  qualified  electors  of 
the  State.  The  returns  of  every  election  for  said  officers  shall  be 
sealed  up  and  transmitted  to  the  secretary  of  state,  directed  to  the 
speaker  of  the  house  of  representatives,  who  shall  immediately,  upon 
the  organization  of  the  house,  and  before  proceeding  to  other  business, 
open  and  publish  the  same  in  the  presence  of  a  majority  of  the  mein- 
l)ers  of  both  houses  of  the  general  assembly,  who  shall  for  that  pur- 
pose assemble  in  the  house  of  representatives.  The  person  having 
the  highest  number  of  votes  for  either  of  said  offices  shall  lie  declared 
duly  elected,  but  if  two  or  more  have  an  equal  and  the  highest  numl>er 
of  votes  for  the  same  office,  one  of  them  shall  be  chosen  thereto  by 
the  two  houses,  on  joint  ballot.  Contested  elections  for  the  said  offices 
shall  be  determined  by  the  two  houses,  on  joint  ballot,  in  such  manner 
as  may  be  prescribed  by  law. 


Colorado— 1876  479 

Sec.  4.  No  person  shall  be  eligible  to  the  office  of  governor,  lieu- 
tenant-governor, or  superintendent  of  public  instruction,  unless  he 
should  have  attained  the  age  of  thirty  years,  nor  to  the  office  of  audi- 
tor of  state,  secretary  of  state,  or  State  treasurer,  unless  he  shall  have 
attained  the  age  of  twenty-five  years,  nor  to  the  office  of  attorney- 
general  unless  he  shall  have  attained  the  age  of  twenty-five  years, 
and  be  a  licensed  attorney  of  the  supreme  court  of  the  State,  or  of  the 
Territory  of  Colorado,  in  good  standing.  At  the  first  election  under 
this  constitution,  any  person  being  a  qualified  elector  at  the  time  of 
the  adoption  of  this  constitution,  and  having  the  qualifications  above 
herein  prescribed  for  any  one  of  said  officers,  shall  be  eligible  thereto; 
but  thereafter  no  person  shall  be  eligible  to  any  one  of  said  offices, 
iniless,  in  addition  to  the  qualifications  above  prescribed  therefor,  he 
shall  be  a  citizen  of  the  United  States,  and  have  resided  within  the 
limits  of  the  State  two  years  next  preceding  his  election. 

Sec.  5.  The  governor  shall  be  commander-in-chief  of  the  militaiy 
forces  of  the  State,  except  when  they  shall  be  called  into  actual 
service  of  the  United  States.  He  shall  have  power  to  call  out  the 
militia  to  execute  the  laws,  suppress  insurrection,  or  repel  invasion. 

Sec.  6.  The  governor  shall  nominate,  and  by  and  with  the  consent 
of  the  senate  appoint,  all  officers  whose  offices  are  established  by  this 
constitution,  or  which  may  be  created  by  law,  and  whose  appoint- 
ment or  election  is  not  otherwise  provided  for,  and  may  remove  any 
such  officer  for  incompetency,  neglect  of  duty,  or  malfeasance  in 
office.  If  during  the  recess  of  the  senate  a  vacancy  occur  in  any  such 
office,  the  governor  shall  appoint  some  fit  person  to  discharge  the 
duties  thereof  until  the  next  meeting  of  the  senate,  when  he  shall 
nominate  some  person  to  fill  such  oifice.  If  the  office  of  auditor  of 
state.  State  treasurer,  secretary  of  state,  attorney-general,  or  super- 
intendent of  public  instruction  shall  be  vacated  by  death,  resignation, 
or  otherwise,  it  shall  be  the  duty  of  the  governor  to  fill  the  same  by 
appointment,  and  the  appointee  shall  hold  his  office  until  his  suc- 
cessor shall  be  elected  and  qualified  in  such  manner  as  may  be  pro- 
vided by  law.  The  senate  in  deliberating  upon  executive  nomina- 
tions may  sit  with  closed  doors,  but  in  acting  upon  nominations  they 
shall  sit  with  open  doors,  and  the  vote  shall  be  taken  by  ayes  and 
noes,  which  shall  be  entered  upon  the  journal. 

Sec.  7.  The  governor  shall  have  power  to  grant  reprieves,  commu- 
tations, and  pardons  after  conviction,  for  all  offences  except  treason, 
and  except  in  case  of  impeachment,  subject  to  such  regulations  as 
may  be  prescribed  by  law  relative  to  the  manner  of  applying  for 
pardons,  but  he  shall  in  every  case,  where  he  may  exercise  this  power, 
send  to  the  general  assembly,  at  its  first  session  thereafter,  a  trans- 
cript of  the  petition,  all  proceedings,  and,  the  reasons  for  his  action. 

Sec.  8.  The  governor  may  require  information  in  writing  from  the 
officers  of  the  executive  department  upon  any  subject  relating  to  the 
duties  of  their  respective  offices,  which  information  shall  be  given 
upon  oath  whenever  so  required ;  he  may  also  require  information 
in  writing  at  any  time,  under  oath,  from  all  officers  and  managers  of 
State  institutions  upon  any  subject  relating  to  the  condition,  manage- 
ment, and  expenses  of  their  respective  offices  and  institutions.  The 
governor  shall,  at  the  commencement  of  each  session,  and  from  time 
to  time,  by  message,  give  to  the  general  assembly  information  of  the 
condition  of  the  State,  and  shall  recommend  such  measures  as  he 


480  Colorado— 1876 

shall  (loom  oxpediont.  IIo  shall  also  send  to  (ho  gonoral  assembly  a 
statement,  with  vouchers,  of  the  expenditures  of  all  moneys  belonging 
to  the  State  and  paid  out  by  him.  He  shall  also,  at  the  commence- 
ment of  each  session,  present  estinuites  of  the  amount  of  money  re- 
quired to  be  raised  by  taxation  for  all  purposes  of  the  State. 

Sec  1).  The  governor  may,  on  extraordinary  occasions,  convene  the 
general  asseml)ly,  by  ])roclamation,  stating  therein  the  j)urpose  for 
which  it  is  assembled:  but  at  such  special  session  no  business  shall  be 
transacted  other  than  that  specially  named  in  the  prochunation.  He 
may,  by  prochunation.  convene  the  Senate  in  extraordinary  session 
for  the  transaction  of  executive  business. 

Sec.  10.  The  governor,  in  case  of  a  disagreement  Ixitween  the  two 
houses  as  to  the  time  of  adjournment,  may,  upon  the  same  being  cer- 
tified to  him  by  the  house  last  moving  adjournment,  adjourn  the 
general  assembly  to  a  day  not  later  than  the  first  day  of  the  next 
regular  session. 

Sec.  11.  Every  bill  passed  by  the  general  assembly  shall,  before  it 
becomes  a  law,  be  presented  to  the  governor.  If  he  approve,  he  shall 
sign  it,  and  thereupon  it  shall  Iwcome  a  law ;  but  if  he  do  not  approve, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  origi- 
nated, which  house  shall  enter  the  objections  at  large  upon  its  journal, 
and  proceed  to  reconsider  the  bill.  If  then  two-thirds  of  the  mem- 
bers elected  agree  to  pass  the  same,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  house,  by  which  it  shall  likewise  I)e  recon- 
sidered, and  if  ap|)roved  by  two-thirds  of  the  meml^ers  elected  to 
that  house,  it  shall  become  a  law,  notwithstanding  the  objections  of 
the  governor.  In  all  such  cases  the  vote  of  each  house  shall  be  deter- 
mined by  ayes  and  noes,  to  be  entered  upon  the  journal.  If  any  bill 
shall  not  be  returned  by  the  governor  within  ten  days  .after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law  in  Tike  manner 
as  if  he  had  signed  it,  unless  the  general  assembly  shall,  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  be  filed,  with 
his  objections,  in  the  office  of  the  secretary  of  state,  within  thirty 
days  after  such  adjournment,  or  else  become  a  law. 

Sec.  12.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  ihoney,  embracing  dis- 
tinct items,  and  part  or  parts  of  the  bill  approved  shall  he  law,  and 
the  item  or  items  disapproved  shall  be  void,  unless  enacted  in  manner 
following:  If  the  general  assembly  be  in  session,  he  shall  transmit  to 
the  house  in  Avhich  the  bill  originated  a  copy  of  the  item  or  items 
thereof  disapproved,  together  with  his  objections  thereto,  and  the 
items  objected  to  shall  be  separately  reconsidered,  and  each  item  shall 
then  take  the  same  course  as  is  prescribed  for  the  passage  of  bills 
over  the  executive  veto. 

LIEUTENANT-GO  VERXOR 

Sec.  IZ.  In  case  of  the  death,  impeachment,  or  conviction  of  felony 
or  infamous  misdemeanor,  failure  to  qualify,  resignation,  absence 
from  the  State,  or  other  disability  of  the  governor,  the  powers,  duties, 
and  emoluments  of  the  office,  for  the  residue  of  the  term,  or  until  the 
disability  be  removed,  shall  devolve  upon  the  lieutenant-governor. 

Sec.  14.  The  lieutenant-governor  shall  Ix*  president  of  the  senate, 
and  shall  vote  only  when  the  senate  is  equally  divided.     In  case  of 


Colorado— 1876  481 

the  absence,  impeachment,  or  disqualification  from  any  cause  of  the 
lieutenant-governor,  or  when  he  shall  hold  the  oiHce  of  governor,  then 
the  president  pro  tempore  of  the  senate  shall  perform  the  duties  of 
the  lieutenant-governor  until  the  vacancy  is  filled  or  the  disability 
removed. 

Sec.  15.  In  case  of  the  failure  to  qualify  in  his  office,  death,  resig- 
nation, absence  from  the  State,  impeachment,  conviction  of  felony,  or 
infamous  misdemeanor,  or  disqualification  from  any  cause,  of  both 
the  governor  and  lieutenant-governor,  the  duties  of  the  governor 
shall  devolve  on  the  president  of  the  senate  pro  tempore^  until  such 
disqualification  of  either  the  governor  or  lieutenant-governor  be  re- 
moved, or  the  vacancy  be  filled ;  and  if  the  president  of  the  senate, 
for  any  of  the  above-named  causes,  shall  become  incapable  of  per- 
forming the  duties  of  governor,  the  same  shall  devolve  upon  the 
speaker  of  the  house. 

Sec.  10.  An  account  shall  be  kept  by  the  officers  of  the  executive 
department  and  of  all  public  institutions  of  the  State  of  all  moneys 
received  by  them  severally  from  all  sources,  and  for  everj^  service 
performed,  and  of  all  moneys  disbursed  by  them  severally,  and  a 
semi-annual  report  thereof  shall  be  made  to  the  governor,  under  oath. 

Sec.  17.  The  officers  of  the  executive  department,  and  of  all  public 
institutions  of  the  State,  shall,  at  least  twenty  days  preceding  each 
regular  session  of  the  general  assembly,  make  full  and  complete 
report  of  their  actions  to  the  governor,  who  shall  transmit  the  saui? 
to  the  general  assembly. 

Sec.  18.  There  shall  be  a  seal  of  the  State,  whijch  shall  be  kept  by 
the  secretary  of  state,  and  shall  be  called  the  "  Great  Seal  of  the  State 
of  Colorado."  The  seal  of  the  Territory  of  Colorado,  as  now  used, 
shall  be  the  seal  of  the  State  until  otherwise  provided  by  law. 

Sec.  19.  The  officers  named  in  section  one  of  this  article  shall  re- 
ceive for  their  services  a  salary  to  be  established  by  hnv,  a\  hich  shall 
not  be  increased  or  diminshed  during  their  official  terms.  It  shall 
be  the  duty  of  all  such  officers  to  collect  in  advance  all  fees  prescribed 
by  laAv  for  services  rendered  by  them  severally,  and  pay  the  same  into 
the  State  treasury. 

Sec.  20.  The  superintendent  of  public  instruction  shall  be  ex  officio 
State  librarian. 

Sec.  21.  Neither  the  State  treasurer  nor  State  auditor  shall  be  eli- 
gible for  re-election  as  his  own  immediate  successor. 

Article  V 
legislative  department 

Section  1.  The  legislative  power  shall  be  vested  in  the  general 
assembly,  which  shall  consist  of  a  senate  and  a  house  of  representa- 
tives, both  to  be  elected  by  the  people. 

Sec.  2.  An  election  for  members  of  the  general  assembly  shall  he. 
held  on  the  first  Tuesday  in  October,  in  the  years  of  our  Lord  187G 
and  1878,  and  in  each  alternate  year  thereafter,  on  such  day,  at  such 
places  in  each  county  as  now  are,  or  hereafter  may  be,  provided  by 
law.     The  first  election  for  members  of  the  general  assembly  under 


482  Colorado— 1876 

the  Stato  organization  shall  l)«  condiu'ted  in  the  manner  prescribed 
by  the  laws  of  Colorado  Territory  re<ridating  elections  for  members 
of  the  legislative  asseml)ly  thereof,  ^^'hen  ^ac•ant•ies  occur  in  either 
house  the  governor,  or  person  exercising  the  powers  of  governor,  shall 
issue  writs  of  election  to  fill  such  vacancies. 

8fx",  3.  Senators  shall  be  elected  for  the  term  of  four  years,  except 
as  hereinafter  provided,  and  representatives  for  the  term  of  two  veal's. 

SEt;.  4.  No  person  shall  l>e  a  representative  or  senator  who  shall 
not  have  attained  the  age  of  twenty-live  years,  who  shall  not  be  a 
citizen  of  the  United  States,  who  shall  not  for  at  least  twelve  months 
next  preceding  his  election  have  resided  within  the  Territory  included 
in  the  limits  of  the  county  or  district  in  which  he  shall  be  chosen: 
Provided,  That  any  person  who  at  the  time  of  the  adoption  of  this 
constitution  was  a  qualified  elector  under  the  territorial  laws,  shall 
be  eligible  to  the  first  general  assembly. 

Sec.  5.  The  senators,  at  their  first  session,  shall  be  divided  into  two 
classes.  Those  elected  in  districts  designated  by  even  numl>ers  shall 
constitute  one  class;  those  elected  in  districts  designated  by  odd 
numbers  shall  constitute  the  other  class,  except  that  senators  elected 
in  each  of  the  districts  having  more  than  one  senator  shall  be  equally 
divided  between  the  two  classes.  The  senators  of  one  class  shall  hold 
for  two  years ;  those  of  the  other  class  shall  hold  for  four  years ;  to  be 
decided  by  lot  between  the  two  classes,  so  that  one-half  of  the  sena- 
tors, as  near  as  practicable,  may  be  biennially  chosen  forever  there- 
after. 

Sec.  ().  Each  mejnber  of  the  first  general  assembly,  as  a  compensa- 
tion for  his  services,  shall  receive  four  dollars  for  each  day's  attend- 
ance, and  fifteen  cents  for  each  mile  necessarily  travelled  in  going  to 
and  returning  from  the  seat  of  government ;  and  shall  receive  no  other 
compensation,  perquisite,  or  allowance  whatsoever.     No  session  of  the 

feneral  assembly,  after  the  first,  shall  exceed  forty  days.  After  the 
rst  session  the  compensation  of  the  members  of  the  general  assembly 
shall  be  as  provided  by  law :  Provided,  That  no  general  assembly  shall 
fix  its  own  compensation. 

Sec  7.  The  general  assembly  shall  meet  at  12  o'clock,  noon,  on  the 
first  Wednesday  in  November,  A.  D.  1870;  and  at  12  o'clock,  noon,  on 
the  first  Wednesday  in  January,  A.  D.  1879,  and  at  12  o'clock,  noon, 
on  the  first  Wednesday  in  January  of  each  alternate  year  forever 
thereafter,  and  at  other  times  when  convened  by  the  governor.  The 
term  of  service  of  the  members  thereof  shall  begin  on  the  first  AVednes- 
day  of  November  next  after  their  election,  until  otherwise  provided 
by  law. 

Sec.  8.  No  senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
under  this  State;  and  no  member  of  Congress,  or  other  person  hold- 
ing any  office  (except  of  attorney  at  law,  notary  public,  or  in  the 
militia.)  under  the  United  States,  or  this  State,  shall  be  a  member  of 
either  house  during  his  continuance  in  office. 

Sec.  9.  No  member  of  either  house  shall,  during  the  term  for  which 
he  may  have  been  elected,  receive  any  increase  of  salary  or  mileage, 
under  any  law  passed  during  such  term. 

Sec.  10.  The  senate  shall,  at  the  beginning  and  close  of  each  reg- 
ular session,  and  at  such  other  times  as  may  be  necessary,  elect  one 
of  its  members  president  pro  tempm'e.    The  house  of  representatives 


Colorado— 1876  483 

shall  elect  one  of  its  members  as  speaker.  Each  house  shall  choose 
its  other  officers,  and  shall  judge  of  the  election  and  qualification  of 
its  members. 

Sec.  11.  A  majority  of  each  house  shall  constitute  a  quorum,  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  compel  the 
attendance  of  absent  members. 

Sec\  12.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  punish  its  members  or  other  persons  for  contempt 
or  disorderly  behavior  in  its  presence;  to  enforce  obedience  to  its 
process;  to  protect  its  members  against  violence,  or  offers  of  bribes, 
or  private  solicitation,  and,  with  the  concurrence  of  two-thirds,  to 
expel  a  member,  but  not  a  second  time  for  the  same  cause;  and  shall 
have  all  other  powers  necessary  for  the  legislature  of  a  free  State. 
A  member,  expelled  for  corruption,  shall  not  thereafter  be  eligible  to 
either  house  of  the  same  general  assembly,  and  punishment  for  con- 
tempt or  disorderly  behavior  shall  not  bar  an  indictment  for  the  same 
offence. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
may  in  its  discretion,  from  time  to  time,  publish  the  same,  except  such 
parts  as  require  secrecy,  and  the  ayes  and  noes  on  any  question  shall, 
at  the  desire  of  any  two  members,  be  entered  on  the  journal. 

Sec.  14.  The  sessions  of  each  house,  and  of  the  committees  of  the 
whole,  shall  be  open,  unless  when  the  business  is  such  as  ought  to  be 
kept  secret. 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

Sec.  16.  The  members  of  the  general  assembly  shall,  in  all  cases 
except  treason,  felony,  violation  of  their  oath  of  office,  and  breach  or 
surety  of  the  peace,  be  privileged  from  arrest  during  their  attendance 
at  the  sessions  of  their  respective  houses,  and  in  going  to  and  return- 
ing from  the  same ;  and  for  any  speech  or  debate  in  either  house  they 
shall  not  be  questioned  in  any  other  place. 

Sec.  17.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. 

Sec.  18.  The  style  of  the  laws  of  this  State  shall  be :  ''''Be  it  enacted 
hy  the  general  assembly  of  the  State  of  Colorado^ 

Sec.  19.  No  act  of  the  general  assembly  shall  take  effect  until  ninety 
days  after  its  passage,  unless  in  case  of  emergency,  (which  shall  be 
expressed  in  the  preamble  or  body  of  the  act,)  the  general  assembly 
shall,  by  a  vote  or  two-thirds  of  all  the  members  elected  to  each  house, 
otherwise  direct.  No  bill  except  the  general  appropriation  for  the 
expenses  of  the  government  only,  introduced  in  either  house  of  the 
general  assembly  after  the  first  twenty-five  days  of  the  session  shall 
become  a  law. 

Sec.  20.  No  bill  shall  be  considered  or  become  a  law  unless  referred 
to  a  committee,  returned  therefrom,  and  printed  for  the  use  of  the 
members. 

Sec.  21.  No  bill,  except  general  appropriation  bills,  shall  be  passed 
containing  more  than  one  subject,  which  shall  be  clearly  expressed  in 
its  title ;  but  if  any  subject  shall  be  embraced  in  any  act  which  shall 
not  be  expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  so  expressed. 


484  Colorado~1876 

Sec.  22.  Every  bill  shall  be  read  at  length,  on  three  different  days, 
in  each  house;  all  substantial  ainendnients  made  thereto  shall  be 
printed  for  the  use  of  the  members,  l)efore  the  final  vote  is  taken  on 
the  bill ;  and  no  bill  shall  become  a  law  except  by  vote  of  a  majority 
of  all  the  'members  elected  to  each  house,  nor  unless  on  its  final  pas- 
sage the  vote  be  taken  by  ayes  and  noes,  and  the  names  of  those  voting 
be  entered  on  the  journal. 

Sec.  23.  No  amendment  to  any  bill  by  one  house  shall  be  concurred 
in  by  the  other,  nor  shall  the  report  of  any  committee  of  conference 
be  adopted  in  either  house,  except  by  a  vote  of  a  majority  of  the  mem- 
bers elected  thereto,  taken  by  ayes  and  noes,  and  the  names  of  those 
voting  recorded  upon  the  journal  thereof. 

Sec.  24.  No  law  shall  be  revived,  or  amended,  or  the  provisions 
thereof  extended  or  conferred  by  reference  to  its  title  only,  but  so 
much  thereof  as  is  revived,  aniended,  extended,  or  conferrea  shall  be 
re-enacted  and  published  at  length. 

Sec.  25.  The  general  assembly  shall  not  pass  local  or  special  laws 
in  anv  of  the  following  enumerated  cases,  that  is  to  say :  For  grant- 
ing divorces;  laying  out,  opening,  altering,  or  working  roads  or  high- 
ways; vacating  roads,  town-plats,  streets,  alleys,  and  public  grounds; 
locating  or  changing  county-seats;  regulating  county  or  township 
affairs;  regulating  the  practice  in  courts  of  justice;  regulating  the 
jurisdiction  and  duties  of  justices  of  the  peace,  police  magistratas 
and  constables;  changing  the  rules  of  evidence  in  any  trial  or  in- 
quiry; providing  for  changes  of  venue  in  civil  or  criminal  cases; 
declaring  any  person  of  a^e;  for  limitation  of  civil  actions  or  giving 
effect  to  informal  or  invalid  deeds ;  summoning  or  impanelling  grand 
or  petit  juries;  providing  for  the  management  of  common  schools; 
regulating  the  rate  of  interest  on  money ;  the  opening  or  conducting 
of  any  election,  or  designating  the  place  of  voting ;  the  sale  or  mort- 
gage of  real  estate  belonging  to  minors  or  others  under  disability; 
the  protection  of  game  or  fish ;  chartering  or  licensing  ferries  or  toll- 
bridges;  remitting  fines,  penalties,  or  forfeitures;  creating,  increasing, 
or  decreasing  fees,  percentage,  or  allowances  of  public  officers ;  chang- 
ing the  law  of  descent;  granting  to  any  corporation,  association,  or 
individual  the  ri^ht  to  lay  down  railroad-tracks;  granting  to  any 
corporation,  association,  or  individual  any  special  or  exclusive  privi- 
lege, immunity,  or  franchise  whatever.  In  all  other  cases,  where  a 
general  law  can  be  made  applicable,  no  special  law  shall  be  enacted. 

Sec.  26.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolu- 
tions passed  by  the  general  assembly,  after  their  titles  shall  have 
been  publicly  read,  immediately  before  signing ;  and  the  fact  of  sign- 
ing shall  be  entered  on  the  journal. 

Sec.  27.  The  general  assembly  shall  prescribe  by  law  the  number, 
duties,  and  compensation  of  the  officers  and  employes  of  each  house; 
and  no  payment  shall  be  made  from  the  State  treasury,  or  be  in  any 
way  authorized  to  any  person,  except  to  an  acting  officer  or  employe 
elected  or  appointed  in  pursuance  of  law. 

Sec.  28.  No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant  or  employe,  agent  or  contractor,  after  serv- 
ices shall  have  been  rendered  or  contract  made,  nor  providing  for  the 
payment  of  any  claim  made  against  the  State  without  previous 
authority  of  law. 


Colorado— 1876  485 

Skc.  20.  All  stationery,  printing,  paper,  and  fuel  used  in  the  legis- 
lative and  other  departments  of  government,  shall  be  furnished ;  and 
the  printing  and  bmding  and  distributing  of  the  laws,  journals,  de- 
partment reports,  and  other  printing  and  binding;  and  the  repairing 
and  furnishing  the  halls  and  rooms  used  for  the  meeting  of  the  gen- 
eral assembly  and  its  committees,  shall  be  performed  under  contract, 
to  be  given  to  the  lowest  responsible  bidder,  below  such  maximum 
price  and  under  such  regulations  as  may  be  prescribed  by  law.  No 
member  or  officer  of  any  department  of  the  government  shall  be  in 
any  way  interested  in  any  such  contract ;  and  all  such  contracts  shall 
be  subject  to  the  approval  of  the  governor  and  State  treasurer. 

Sec.  30.  Except  as  otherwise  provided  in  this  constitution,  no  law 
shall  extend  the  term  of  any  public  officer,  or  increase  or  diminish  his 
salary  or  emoluments  after  his  election  or  appointment:  Provided, 
This  shall  not  be  construed  to  forbid  the  general  assembly  to  fix  the 
salary  or  emoluments  of  those  first  elected  or  appointed  under  this 
constitution. 

Sec.  31.  All  bills  for  raising  revenue  shall  originate  in  the  house 
of  representatives;  but  the  senate  may  propose  amendments,  as  in 
case  of  other  bills. 

Sec.  32.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  executive,  legislative, 
and  judicial  departments  of  the  State,  interest  on  the  public  debt,  and 
for  public  schools.  All  other  appropriations  shall  be  made  by  sep- 
arate bills,  each  embracing  but  one  subject. 

Sec.  33.  No  money  shall  be  paid  out  of  the  treasury  except  upon 
appropriations  made  by  law,  and  on  warrant  drawn  by  the  proper 
officer  in  pursuance  thereof. 

Sec.  34.  No  appropriation  shall  be  made  for  charitable,  industrial, 
educational,  or  benevolent  purposes  to  any  person,  corporation,  or 
community  not  under  the  absolute  control  of  the  State,  nor  to  any 
denominational  or  sectarian  institution  or  association. 

Sec.  35.  The  general  assembly  shall  not  delegate  to  any  special 
commission,  private  corporation,  or  association  any  power  to  make, 
supervise,  or  interfere  with  any  municipal  improvement,  money, 
property,  or  effects,  whether  held  in  trust  or  otherwise,  or  to  levy 
taxes,  or  to  perform  any  municipal  function  whatever. 

Sec.  36.  No  act  of  the  general  assembly  shall  authorize  the  in- 
vestment of  trust-funds  by  executors,  administrators,  guardians,  or 
other  trustees  in  the  bonds  or  stock  of  any  private  corporation. 

Sec.  37.  The  power  to  change  the  venue  in  civil  and  criminal  cases 
shall  be  vested  in  the  courts,  to  be  exercised  in  such  a  manner  as  shall 
be  provided  by  law. 

Sec.  38.  No  obligation  or  liability  of  any  person,  association,  or 
corporation,  held  or  owned  by  the  State,  or  any  municipal  corpora- 
tion therein,  shall  ever  be  exchanged,  transferred,  remitted,  released, 
or  postponed,  or  in  any  way  diminished  by  the  general  assembly,  nor 
shall  such  liability  or  obligation  be  extinguished  except  by  payment 
thereof  into  the  proper  treasury. 

Sec.  39.  Every  order,  resolution,  or  vote  to  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  the  question  of  adjourn- 
ment, or  relating  solely  to  the  transaction  of  business  of  the  two 
houses,  shall  be  presented  to  the  governor,  and  before  it  shall  take 
effect,  be  approved  by  him,  or  being  disapproved,  shall  be  repassed 


486  Col(yrfi(h—1876 

by  two-thirds  of  both  houses,  according  to  the  rules  and  limitations 
presfril>ed  in  case  of  a  bill. 

Sec.  40.  If  any  person  elected  lo  either  house  of  tlie  general  assem- 
bly shall  olFer  or  i)romise  to  give  his  vote  or  influence  in  favor  of  or 
against  any  measure  or  proposition,  pending  or  proposed  to  be  intro- 
duced into  the  general  assembly,  in  consideration  or  upon  condition 
that  any  other  i^erson  elected  to  the  same  general  assembly  will  give 
or  will  promise  or  assent  to  give  his  vote  or  influence  in  favor  of  or 
against  any  other  measure  or  proposition,  pending  or  proposed  to  be 
introduced  in  such  general  assembly,  the  person  making  such  offer 
or  promise  shall  be  deemed  guilty  of  solicitation  and  bribery.  If  any 
memln'r  of  the  general  asembly  shall  give  his  vote  or  influence  for  or 
against  any  measure  or  proposition  pending  in  such  general  assembly, 
or  offer,  promise,  or  assent  so  to  do,  upon  condition  that  any  other 
member  will  give  or  Avill  promise  or  assent  to  give  his  vote  or  influ- 
ence in  favor  of  or  against  any  other  measure  or  proposition  pending 
or  proposed  to  he  introduced  in  such  general  assembly,  or  in  con- 
sideration that  any  other  meml>er  hath  ^iven  his  vote  or  influence 
for  or  against  any  other  measure  or  jjroposition  in  such  general  assem- 
bly, he  shall  be  deemed  guilty  of  bribery;  and  any  member  of  the 
general  assembly,  or  person  elected  thereto,  who  shall  be  guilty  of 
either  of  such  offences  shall  be  expelled,  and  shall  not  l)e  thereafter 
eligible  to  the  same  general  assembly;  and,  on  the  convi(;tion  thereof 
in  the  civil  courts,  shall  be  liable  to  such  further  penalty  as  may  Vh' 
prescribed  by  law. 

.Sec.  41.  Any  person  who  shall,  directly  or  indirectly,  offer,  give, 
or  promise  any  money  or  thing  of  value,  testimonial,  privilege,  or 
personal  advantage  to  any  executive  or  judicial  officer  or  member  of 
the  general  assembly  to  influence  him  in  the  performance  of  any  of 
his  public  or  official  duties,  shall  be  deemed  guilty  of  bribery,  and  be 
punished  in  such  manner  as  shall  be  provided  by  law. 

Sec.  42.  The  offence  of  corrupt  solicitation  of  members  of  the  gen- 
eral assembly,  or  of  public  officers  of  the  State,  or  of  any  municipal 
division  thereof,  and  any  occupation  or  practice  of  solicitation  of 
such  members  or  officers  to  influence  their  official  action,  shall  be  de- 
fined by  law,  and  shall  be  punished  by  fine  and  imprisonment. 

Sec.  43.  A  member  who  has  a  personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  general  assembly, 
shall  disclose  the  fact  to  the  house  of  which  he  is  a  member,  and  shall 
not  vote  thereon. 

congressional  and  legislative  apportionment 

Sec.  44.  One  Representative  in  the  Congress  of  the  United  States 
shall  be  elected  from  the  State  at  large  at  the  first  election  under  this 
constitution,  and  thereafter  at  such  times  and  places  and  in  such 
manner  as  may  be  prescribed  by  law.  Wlien  a  new  apportionment 
shall  be  made  by  Congress,  the  general  assembly  shall  divide  the  State 
into  congressional  districts  accordingly. 

Sec.  45.  The  general  assembly  shall  provide  by  law  for  an  enumer- 
ation of  the  inhabitants  of  the^  State  in  the  year  of  our  Lord  1885, 
and  every  tenth  year  thereafter:  and  at  the  session  next  following 
such  enumeration,  and  also  at  the  session  next  following  an  enumera- 


Colorado— 1876  487 

tion  made  by  the  authority  of  the  United  States,  shall  revise  and  ad- 
just the  apportionment  for  senators  and  representatives  on  the  basis 
of  such  enumeration,  according  to  ratios  to  be  fixed  by  law. 

Sec.  40.  The  senate  shall  consist  of  twenty-six,  and  the  house  of 
representatives  of  forty-nine  members,  whicli  number  shall  not  be 
increased  until  the  yerfr  of  our  Lord  one  thousand  eight  hundred  and 
ninety,  after  which  time  the  general  assembly  may  increase  the  num- 
ber of  senators  and  representatives,  preserving,  as  near  as  may  be, 
the  present  proportion  as  to  the  number  in  each  house:  Provided. 
That  the  aggregate  number  of  *;enators  and  representatives  shall 
never  exceed  one  hundred. 

Sec.  47.  Senatorial  and  representative  districts  may  be  altered 
from  time  to  time,  as  public  convenience  may  require.  AVlien  a  sena- 
torial or  representative  district  shall  be  c()m))osed  of  two  or  more 
counties,  they  shall  be  contiguous,  and  the  district  as  compact  as 
may  be.  No  county  shall  be  divided  in  the  formation  of  a  senatorial 
or  representative  district. 

Sec.  48.  Until  the  State  shall  be  divided  into  senatorial  districts, 
in  accordance  with  the  provisions  of  this  article,  said  districts  shall 
be  constituted  and  numbered  as  follows: 

The  county  of  Weld  shall  constitute  the  first  district,  and  be  en- 
titled to  one  senator. 

The  county  of  Larimer  shall  constitute  the  second  district,  and  be 
entitled  to  one  senator. 

The  county  of  Boulder  shall  constitute  the  third  district,  and  be 
entitled  to  two  senators. 

The  county  of  Gilpin  shall  constitute  the  fourth  district,  and  be 
entitled  to  one  senator. 

The  counties  of  Gilpin,  Summit,  and  Grand  shall  constitute  the 
fifth  district,  and  be  entitled  to  one  senator. 

The  comity  of  Clear  Creek  shall  constitute  the  sixth  district,  and 
be  entitled  to  two  senators. 

The  county  of  Jefferson  shall  constitute  the  seventh  district,  and 
be  entitled  to  one  senator. 

The  county  of  Arapahoe  shall  constitute  the  eighth  district,  and 
be  entitled  to  four  senators. 

The  counties  of  Elbert  and  Bent  shall  constitute  the  ninth  district, 
and  be  entitled  to  one  senator. 

The  county  of  El  Paso  shall  constitute  the  tenth  district,  and  be  en- 
titled to  one  senator. 

The  county  of  Douglas  shall  constitute  the  eleventh  district,  and  be 
entitled  to  one  senator. 

The  county  of  Park  shall  constitute  the  twelfth  district,  and  be 
entitled  to  one  senator. 

The  counties  of  Lake  and  Saguache  shall  constitute  the  thirteenth 
district,  and  be  entitled  to  one  senator. 

The  county  of  Fremont  shall  constitute  the  fourteenth  district,  and 
be  entitled  to  one  senator. 

The  county  of  Pueblo  shall  constitute  the  fifteenth  district,  and  be 
entitled  to  one  senator. 

The  county  of  Huerfano  shall  constitute  the  sixteenth  district,  and 
be  entitled  to  one  senator. 

The  county  of  Las  Animas  shall  constitute  the  seventeenth  district, 
and  be  entitled  to  two  senators. 


488  Colorado— 187G 

Tho  county  of  Costilla  shall  constitute  the  eighteenth  district,  and 
Ije  entitled  to  one  senator. 

The  county  of  C'onejos  sliall  constitute  the  nineteenth  district,  and 
be  entitled  to  one  senator. 

The  counties  of  Kio  (irande,  Hinsdale,  La  Plata,  and  San  Juan 
shall  constitute  the  twentieth  district,  and  he  Entitled  to  one  senator. 

Sec.  40.  Until  an  apportionment  of  representatives  he  made,  in 
{accordance  with  the  provisions  of  this  article,  thev  shall  he  divided 
among  the  several  counties  of  the  State  in  the  following  manner: 
The  county  of  Arapahoe  shall  luive  seven;  the  counties  of  Boulder 
and  Clear  Creek,  each,  four;  the  counties  of  (Jilpin  and  Las  Animas, 
each,  three;  the  counties  of  El  Paso,  Fremont,  Huerfano,  Jetferson, 
Pueblo,  and  AVeld,  each,  two;  the  counties  of  Bent,  Costilla,  Conejos, 
Douglas,  EUxM-t,  Grand,  Hinsdale,  Larimer,  La  Plata,  Lake,  Park, 
Rio  Grande.  Sunnnit,  Saguache,  and  San  Juan,  each,  one*  and  the 
counties  of  Costilla  and  Conejos,  jointly,  one. 

Article  VI 

JUDICIAL   DEPARTMENT 

Section  1.  The  judicial  powers  of  the  State,  as  to  matters  of  law 
and  equity,  except  as  in  this  constitution  otherwise  |)rovided.  shall 
be  vested  in  a  supreme  court,  district  courts,  county  courts,  justices  of 
the  peace,  and  such  other  courts  as  may  l)e  created  by  law  for  cities 
and  incorporated  towns. 

SUPREMK   COX'KT 

Sec.  2.  The  supreme  court,  except  as  otherwise  provided  in  this 
constitution,  shall  have  appellate  jurisdiction  only,  which  shall  l)e 
coextensive  with  the  State,  and  shall  have  a  general  superintending 
control  over  all  inferior  courts,  under  such  regulations  and  limitations 
as  may  be  prescribed  by  law. 

Sec.  3.  It  shall  have  power  to  issue  writs  of  habeas  corpus^  7nan- 
damus,  quo  warranto^  certiorari^  injunction,  and  other  original  and 
remedial  writs,  with  authority  to  hear  and  determine  the  same. 

Sec.  4.  At  least  two  terms  of  the  supreme  court  shall  be  held  each 
year,  at  the  seat  of  government. 

Sec.  5.  The  supreme  court  shall  consist  of  three  judges,  a  majority 
of  whom  shall  be  necessary  to  form  a  quorum  or  pronounce  a  de- 
cision. 

Sec.  6.  The  judges  of  the  supreme  court  shall  be  elected  by  electors 
of  the  State  at  large,  as  hereinafter  provided. 

Sec.  7.  The  term  of  office  of  the  judges  of  the  supreme  court,  ex- 
cept as  in  this  article  otherwise  provided,  shall  be  nine  years. 

Sec,  8.  The  judges  of  the  supreme  court  shall,  immediately  after 
the  first  election  under  this  constitution,  be  classified  by  lot,  so  that 
one  shall  hold  his  office  for  the  term  of  three  years,  one  for.  the  term 
of  six  years,  and  one  for  the  term  of  nine  years.  The  lot  shall  be 
drawn  by  the  judges,  who  shall  for  that  purpose  assemble  at  the  seat 
of  government,  and  they  shall  cause  the  result  thereof  to  be  certified 
to  the  secretary  of  the  Territory,  and  filed  in  his  office.  The  judge 
having  the  shortest  term  to  serve,  not  holding  his. office  by  appoint- 
ment or  election  to  fill  a  vacancy,  shall  be  the  chief  justice,  and  shall 


Colorado— 1876  489 

preside  at  all  terms  of  the  supreme  court,  and,  in  case  of  his  absence, 
the  judge  having  in  like  manner  the  next  shortest  term  to  serve  shall 
preside  in  his  stead. 

Sec.  0.  There  shall  be  a  clerk  of  the  supreme  court,  who  shall  be 
appointed  by  the  judges  thereof,  and  shall  hold  his  office  during  the 
pleasure  of  said  judges,  and  whose  duties  and  emoluments  shall  be  as 
prescribed  by  law  and  by  the  rules  of  the  supreme  court. 

8ec.  10.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  unless  he  be  learned  in  the  law,  be  at  least  thirty  years 
of  age,  and  a  citizen  of  the  United  States,  nor  unless  he  shall  have 
resided  in  this  State  or  Territory  at  least  two  years  next  preceding 
his  election. 

DISTRICT   COUKTS 

Sec.  11.  The  district  courts  shall  have  original  jurisdiction  of  all 
causes,  both  at  law  and  in  equity,  and  such  appellate  jurisdiction  as 
may  be  conferred  by  law.  They  shall  have  original  jurisdiction  to 
determine  all  controversies  upon  relation  of  any  person  on  behalf  of 
the  people  concerning  the  rights,  duties,  and  liabilities  of  railroad, 
telegraph,  or  toll-road  companies  or  corporations. 

Sec.  12.  The  State  shall  be  divided  into  judicial  districts,  in  each  of 
which  there  shall  be  elected  by  the  electors  thereof  one  judge  of  the 
district  court  therein,  whose  term  of  office  shall  be  six  years.  The 
judges  of  the  district  courts  may  hold  courts  for  each  other,  and  shall 
do  so  when  required  by  law. 

Sec.  13.  Until  otherwise  provided  by  law,  said  districts  shall  be 
four  in  number,  and  constituted  as  follows,  viz : 

First  district. — The  counties  of  Boulder,  Jefferson,  Gilpin,  Clear 
Creek,  Summit,  and  Grand. 

Second  district. — The  counties  of  Arapahoe,  Douglas,  Elbert,  Weld, 
and  Larimer. 

Third  district. — The  counties  of  Park,  El  Paso,  Fremont,  Pueblo, 
Bent,  Las  Animas,  and  Huerfano. 

Fourth  district. — The  counties  of  Costilla,  Conejos,  Rio  Grande, 
San  Juan,  La  Plata,  Hinsdale,  Saguache,  and  Lake. 

Sec.  14.  The  general  assembly  may,  after  the  year  1880,  (whenever 
two-thirds  of  the  members  of  each  house  shall  concur  therein,)  but 
not  oftener  than  once  in  six  years,  increase  the  number  of  the  judicial 
districts  and  the  judges  thereof;  such  districts  shall  be  formed  of 
compact  territory,  and  bounded  by  county-lines;  but  such  increase 
or  change  in  the  boundaries  of  a  district  shall  not  work  the  removal  of 
any  judge  from  his  office  during  the  term  for  which  he  shall  have  been 
elected  or  appointed. 

Sec.  15.  The  judges  of  the  district  court  first  elected  shall  be  chosen 
at  the  first  general  election.  The  general  assembly  may  provide  that 
after  the  yea'r  1878  the  election  of  the  judges  of  the  supreme,  district, 
and  county  courts,  and  the  district  attorneys,  or  any  of  them,  shall  be 
on  a  different  day  from  that  on  which  an  election  is  held  for  any  other 
purpose,  and  for  that  purpose  may  extend  or  abridge  the  term  of  office 
of  any  such  officers  then  holding,  but  not  in  any  case  more  than  six 
months.  Until  otherwise  provided  by  law,  such  officers  shall  be 
elected  at  the  time  of  holding  the  general  elections.  The  terms  of 
office  of  all  judges  of  the  district  court  elected  in  the  several  districts 


490  Col(xrado—1876 

throughout  the  State  shall  expire  on  the  same  day ;  and  the  terms  of 
office  of  the  district  attorneys  elected  in  the  several  districts  through- 
out the  State  shall,  in  like  manner,  expire  on  the  same  day. 

Sec.  IT).  No  person  shall  1^  eligible  to  the  office  of  district  judge 
unless  he  lie  learned  in  the  law,  he  at  least  thirty  years  old,  and  a  citi- 
zen of  the  United  States,  nor  unless  he  shall  have  resided  in  the  State 
or  Territory  at  least  two  years  next  preceding  his  election,  nor  unless 
he  shall,  at  the  time  of  his  election,  be  an  elector  within  the  judicial 
district  for  which  he  is  elected:  Proridcd,  That  at  the  first  election 
any  |)erson  of  the  requisite  age  and  learning,  and  who  is  an  elector  of 
the  Territory  of  Colorado,  under  the  laws  thereof,  at  the  time  of  the 
adoption  of  this  ccmstitution,  shall  be  eligible  to  the  office  of  judge  of 
the  district  court  of  the  judicial  dictrict  within  which  he  is  an  elector. 

Sec.  17.  The  time  of  holding  courts  within  the  said  districts  shall 
he  as  provided  by  law ;  but  at  least  one  term  of  the  district  court  shall 
be  held  annually  in  each  county,  except  in  such  counties  as  may  be 
attached,  for  judicial  purposes,  to  another  county  wherein  such  courts 
are  so  held.  This  shall  not  be  construed  to  prevent  the  holding  of 
special  terms,  under  such  regulations  as  may  be  provided  by  law. 

Sec.  18.  The  judges  of  the  supreme  and  district  courts  shall  each 
receive  such  salary  as  may  be  provided  by  law;  and  no  such  judge 
shall  receive  any  other  compensation,  perquisite,  or  emolument  for  or 
on  account  of  his  office,  in  any  form  whatever,  nor  act  as  attorney  or 
counselor  at  law. 

Sec.  19.  There  shall  be  a  clerk  of  the  district  court  in  each  county 
wherein  a  term  is  held,  who  shall  be  appointed  by  the  judge  of  the 
district,  to  hold  his  office  during  the  pleasure  of  the  juage.  His 
duties  and  compensation  shall  be  as  provided  by  law  and  regulated 
by  the  rules  of  the  court. 

Sec.  20.  Until  the  general  assembly  shall  provide  by  law  for  fixing 
the  terms  of  the  courts  aforesaid,  the  judges  of  the  supreme  and  dis- 
trict courts,  respectively,  shall  fix  the  terms  thereof. 

DISTRICT    ATTORNEYS 

Sec.  21.  There  shall  l>e  elected  by  the  qualified  electors  of  each 
judicial  district,  at  each  regular  election  for  judges  of  the  supreme 
court,  a  district  attorney  for  such  district,  whose  term  of  office  shall  be 
three  years,  and  whose  duties  and  compensations  shall  be  as  provided 
by  law.  No  person  shall  be  eligible  to  the  office  of  district  attorney 
who  shall  not,  at  the  time  of  his  election,  he  at  least  twenty-five  years 
of  age,  and  possess  all  the  other  qualifications  for  judges  of  district 
courts,  as  prescribed  in  this  article. 

COUNTY   COURTS 

Sec.  22.  There  shall  be  elected,  at  the  general  election  in  each  or- 
ganized county  in  the  year  1877,  and  every  three  years  thereafter, 
except  as  otherwise  provided  in  this  article,  a  county  judge,  who  shall 
be  judge  of  the  county  court  of  said  county,  whose  term  of  office  shall 
be  three  years,  and  whose  compensation  shall  he  as  may  be  provided 
by  law. 

Sec.  23.  County  courts  shall  be  courts  of  record,  and  shall  have 
original  jurisdiction  in  all  matters  of  probate,  settlement  of  estates  of 
deceased  persons,  appointment  of  guardians,  conservators,  and  ad- 


Colorado— 1876  491 

ministrators,  and  settlement  of  their  accounts,  and  such  other  civil 
and  criminal  jurisdiction  as  may  be  conferred  by  law :  Provided^  Such 
courts  shall  not  have  jurisdiction  in  any  case  where  the  debt,  damage, 
or  claim,  or  value  of  property  involved,  shall  exceed  two  thousand 
dollars,  except  in  cases  relating  to  the  estates  of  deceased  persons. 
Appeals  may  be  taken  from  county  to  district  courts,  or  to  the 
supreme  court,  in  such  cases  arid  in  such  manner  as  may  be  prescribed 
by  law.  Writs  of  error  shall  lie  from  the  supreme  court  to  every 
final  judgment  of  the  county  court.  No  appeal  shall  lie  to  the  dis- 
trict court  from  any  judgment  given  upon  an  appeal  from  a  justice 
of  the  peace. 

CRIMINAL    COURT 

Sec.  24.  The  general  assembly  shall  have  power  to  create  and  estab- 
lish a  criminal  court  in  each  county  having  a  population  exceeding 
fifteen  thousand,  which  court  may  have  concurrent  jurisdiction  with 
the  district  courts  in  all  criminal  cases  not  capital,  the  terms  of  such 
courts  to  be  as  provided  by  law. 

JUSTICES   OF  THE  PEACE 

Sec.  25.  Justices  of  the  peace  shall  have  such  jurisdiction  as  may  be 
conferred  by  law;  but  they  shall  not  have  jurisdiction  of  any  case 
wherein  the  value  of  the  property,  or  the  amount  in  controversy,  ex- 
ceeds the  sum  of  three  hundred  dollars,  nor  where  the  boundaries 
or  title  to  real  property  shall  be  called  in  question. 

POLICE    MAGISTRATES 

Sec.  26.  The  general  assembly  shall  have  power  to  provide  for  cre- 
ating such  police  magistrates  for  cities  and  towns,  as  may  be  deemed 
from  time  to  time  necessary  or  expedient,  who  shall  have  jurisdic- 
tion of  all  cases  arising  under  the  ordinances  of  such  cities  and  towns 
respectively. 

MISCELLANEOUS 

Sec.  27.  The  judges  of  courts  of  record,  inferior  to  the  supreme 
court,  shall,  on  or  before  the  first  day  in  July  in  each  year,  report 
in  writing  to  the  judges  of  the  supreme  court  such  defects  and  omis- 
sions in  the  laws  as  their  knowledge  and  experience  may  suggest, 
and  the  judges  of  the  supreme  court  shall,  on  or  before  the  first  day 
of  December  of  each  year,  report  in  writing  to  the  governor,  to  be  by 
him  transmitted  to  the  general  assembly,  together  with  his  message, 
such  defects  and  omissions  in  the  constitution  and  laws  as  they  may 
find  to  exist,  together  with  appropriate  bills  for  curing  the  same. 

Sec.  28.  All  laws  relating  to  courts  shall  be  general  and  of  uniform 
operation  throughout  the  State;  and  the  organization,  jurisdiction, 
powers,  proceedings,  and  practice  of  all  the  courts  of  the  same  class  or 
grade,  so  far  as  regulated  by  law,  and  the  force  and  effect  of  the  pro- 
ceedings, judgments,  and  decrees  of  such  courts  severally,  shall  be 
uniform. 

Sec.  29.  All  officers  provided  for  in  this  article,  excepting  judges 
of  the  supreme  court,  shall  respectively  reside  in  the  district,  county, 
precinct,  city,  or  town  for  which  they  may  be  elected  or  appointed. 
Vacancies  in  elective  offices  shall  be  filled  by  election,  but  when  the 


492  Colorado— 1876 

unexpired  term  does  not  exceed  one  year,  tlie  vacancy  shall  be  filled  by 
appointment,  as  follows:  Of  judges  of  the  supreme  and  district  courts, 
by  the  governor;  of  district  attorneys,  by  the  judge  of  the  court  of 
which  the  office  appertains,  and  of  all  other  judicial  officers  by  the 
board  of  county  commissioners  of  the  county  where  the  vacancy 
occurs. 

Sec.  30.  All  process  shall  run  in  the  name  of  "  The  people  of  the 
State  of  Colorado;  ''  all  prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  "  The  people  of  the  State  of  Colorado,''  and 
conclude,  "  against  the  jieace  and  dignity  of  the  same." 

Article  VII 

SUFP'RAGE  AND  ELECTIONS 

Section  1.  Everv  male  person  over  the  age  of  21  years,  possessing 
the  following  qualifications,  shall  be  entitled  to  vote  at  all  elections: 

First.  He  shall  be  a  citizen  of  the  United  States,  or,  not  being  a 
citizen  of  the  United  States,  he  shall  have  declared  his  intention, 
according  to  law,  to  become  such  citizen,  not  less  than  four  months 
before  he  offers  to  vote. 

Second.  He  shall  have  resided  in  the  State  six  months  immediately 
preceding  the  election  at  which  he  offers  to  vote,  and  in  the  county, 
city,  town,  ward,  or  precinct,  such  time  as  may  be  prescribed  by  law : 
Prorided,  That  no  person  shall  be  denied  the  right  to  vote  at  any 
school-district  election,  nor  to  hold  any  school-district  office,  on 
account  of  sex. 

Sec.  2.  The  general  assembly  shall,  at  the  first  session  thereof,  and 
may  at  any  subsequent  session,  enact  laws  to  extend  the  right  of  suf- 
frage to  women  of  lawful  age,  and  otherwise  qualified  according  to 
the  i^rovisions  of  this  article.  No  such  enactment  shall  be  of  efTect 
until  submitted  to  the  vote  of  the  qualified  electors  at  a  general  elec- 
tion, nor  unless  the  same  be  approved  by  a  majority  of  those  voting 
thereon. 

Sec.  8.  The  general  assembly  may  prescribe,  by  law,  an  educational 
qualification  for  electors,  but  no  such  law  shall  take  effect  prior  to 
the  year  of  our  Lord  one  thousand  eight  hundred  and  ninety,  and 
no  qualified  elector  shall  be  thereby  disqualified. 

Sec.  4.  For  tlie  purpose  of  voting  and  eligibility  to  office,  no  person 
shall  be  deemed  to  have  gained  a  residence  by  reason  of  his  presence, 
or  lost  it  by  reason  of  his  absence,  while  in  the  civil  or  military 
service  of  the  State,  or  of  the  United  States,  nor  while  a  student  at 
any  institution  of  learning,  nor  while  kept  at  public  expense  in  any 
poor-house  or  other  asylum,  nor  while  confined  in  public  prison. 

Sec.  5.  Voters  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  therefrom. 

Sec.  C.  No  person  except  a  (pialified  elector  shall  l)e  elected  or 
apix)inted  to  any  civil  or  military  office  in  the  State. 

Sec.  7.  The  general  election  shall  be  held  on  the  first  Tuesday  of 
October,  in  the  years  of  our  I-<ord  eighteen  hundred  and  seventy-six, 
eighteen  hundred  and  seventy-seven,  and  eighteen  hundred  and  sev- 
enty-eight, and  annually  thereafter  on  such  day  as  may  he  prescribed 
by  law. 


Colorado— 1876  493 

Sec.  8.  All  elections  by  the  people  shall  be  by  ballot;  every  ballot 
voted  shall  be  numbered  in  the  order  in  which  it  shall  be  received, 
and  the  number  be  recorded  by  the  election-officers  on  the  list  of 
voters  opposite  the  name  of  the  voter  who  presents  the  ballot.  The 
election-officers  shall  be  sworn  or  affirmed  not  to  inquire  or  disclose 
how  any  elector  shall  have  voted.  In  all  cases  of  contested  elections, 
the  ballots  cast  may  be  counted,  compared  with  the  list  of  voters,  and 
examined,  under  such  safeguards  and  regulations  as  may  be  pre- 
scribed by  law. 

Sec.  9.  In  trials  of  contested  elections,  and  for  offences  arising 
under  the  election-law,  no  person  shall  be  permitted  to  withhold  his 
testimony  on  the  ground  that  it  may  criminate  himself,  or  subject 
him  to  public  infamy;  but  such  testimony  shall  not  be  used  against 
him  in  any  judicial  proceedings,  except  for  perjury  in  giving  such 
testimony. 

Sec.  10.  No  person  while  confined  in  any  public  prison  shall  be  en- 
titled to  vote ;  but  every  such  person  who  was  a  qualified  elector  prior 
to  such  imprisonment,  and  who  is  released  therefrom  by  virtue  of  a 
pardon,  or  by  virtue  of  having  served  out  his  full  term  of  imprison- 
ment, shall,  without  further  action,  be  invested  with  all  the  rights  of 
citizenship,  except  as  othenvise  provided  in  this  constitution. 

Sec.  11.  The  general  assembly  shall  pass  laws  to  secure  the  purity 
of  elections  and  guard  against  abuses  of  the  elective  franchise. 

Sec.  12.  The  general  assembly  shall,  by  general  law.  designate  the 
courts  and  judges  by  whom  the  several  classes  of  election  contests, 
not  herein  provided  for.  shall  be  tried,  and  regulate  the  manner  of 
trial,  and  all  matters  incident  thereto ;  but  no  such  law  shall  apply  to 
any  contest  arising  out  of  an  election  held  before  its  passage. 

Article  VIII 

STATE   INSTITUTIONS 

Section  1.  Educational,  reformatory,  and  penal  institutions,  and 
those  for  the  benefit  of  the  insane,  blind,  deaf  and  mute,  and  such 
other  institutions  as  the  public  good  may  require,  shall  be  established 
and  supported  by  the  State,  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  2.  The  general  assembly  shall  have  no  power  to  change  or  to 
locate  the  seat  of  government  of  the  State,  but  shall  at  its  first  session 
subsequent  to  the  year  of  our  Lord  one  thousand  eight  hundred  and 
eighty,  provide  by  law  for  submitting  the  question  of  the  permanent 
location  of  the  seat  of  government  to  the  qualified  electors  of  the 
State,  at  the  general  election  then  next  ensuing,  and  a  majority  of 
all  the  votes  upon  said  question,  cast  at  said  election,  shall  be  neces- 
sary to  determine  the  location  thereof.  Said  general  assembly  shall 
also  provide  that  in  case  there  shall  be  no  choice  of  location  at  said 
election,  the  question  of  choice  between  the  two  places  for  which  the 
highest  number  of  votes  shall  have  been  cast,  shall  be  submitted  in 
like  manner  to  the  qualified  electors  of  the  State,  at  the  next  general 
election:  Provided,  That  until  the  seat  of  government  shall  have 
been  permanently  located  as  herein  provided,  the  temporary  location 
thereof  shall  remain  at  the  city  of  Denver. 

Sec.  3.  When  the  seat  of  government  shall  have  been  located  as 
7251— VOL  1—07 34 


494  Colorado— 1876 

herein  provided,  the  locatidn  thereof  shall  not  thereafter  be  changed 
except  by  a  vote  of  two-thirds  of  all  the  qiialilied  electors  of  the  State 
voting  on  that  question,  at  a  general  election,  at  which  the  question 
of  location  of  the  seat  of  government  shall  have  been  submitted  by 
the  general  assembly. 

Sec.  4.  The  general  assembly  shall  make  no  appropriation  or  ex- 
penditures for  capitol  buildings  or  grounds  until  the  seat  of  govern- 
ment shall  have  been  permanently  located  as  herein  provided. 

Sec.  5.  The  following  territorial  institutions,  to  wit.  The  Uni- 
versity at  Boulder,  the  Agricultural  College  at  Fort  Collins,  the 
School  of  Mines  at  Golden,  the  Institute  for  the  Education  of  Mutes 
at  Colorado  Springs,  shall,  upon  the  adoption  of  this  constitution, 
become  institutions  of  the  State  of  Colorado,  and  the  managenient 
thereof  subject  to  the  control  of  the  State,  under  such  laws  and  regu- 
lations as  the  general  assembly  shall  provide;  and  the  location  of 
said  institutions,  as  well  as  all  gifts,  grants,  and  appropriations  of 
money  and  property,  real  and  personal,  heretofore  made  to  said 
several  institutions,  are  hereby  confirmed  to  the  use  and  benefit  of 
the  same  respectively:  Pi'ovided^  This  section  shall  not  apply  to  any 
institution,  the  property,  real  or  personal,  of  which  is  now  vested  in 
the  trustees  thereof,  until  such  property  l)e  transferred  by  proper 
conveyance,  together  with  the  control  thereof,  to  the  officers  provided 
for  the  management  of  said  institution  by  this  constitution  or  by  law. 

Article  IX 

EDUCATION 

Section  1.  The  general  supervision  of  the  public  schools  of  t]ie 
State  shall  be  vested  in  a  lx)ard  of  education,  whose  jDowers  and 
duties  shall  be  prescribed  by  law;  the  sujierintendent  of  public  in- 
struction, the  secretary  of  state,  and  attorney-general  shall  constitute 
the  board,  of  which  the  superintendent  of  public  instruction  shall  be 
president. 

Sec  2.  The  general  assembly  shall,  as  soon  as  practicable,  provide 
for  the  establishment  and  maintenance  of  a  thorough  and  uniform 
system  of  free  public  schools  throughout  the  State  wdierein  all  resi- 
dents of  the  State  between  the  ages  of  six  and  twenty-one  years  may 
be  educated  gratuitously.  One  or  more  public  schools  shall  be  main- 
tained in  each  school -district  within  the  State  at  least  three  months 
in  each  year;  any  school-district  failing  to  have  such  school  shall 
not  be  entitled  to  receive  any  portion  of  the  school-fund  for  that  year. 

Sec.  3.  The  public-school  fund  of  the  State  shall  forever  remain 
inviolate  and  intact;  the  interest  thereon  only  shall  be  expended  in 
the  maintenance  of  the  schools  of  the  State,  and  shall  be  distributed 
among  the  several  counties  and  school-districts  of  the  State  in  such 
manner  as  may  be  prescribed  by  law.  No  part  of  this  fund,  prin- 
cipal or  interest,  shall  ever  be  transferred  to  any  other  fund,  or  used 
or  appropriated  except  as  herein  provided.  The  State  treasurer 
shall  be  the  custodian  of  this  fund,  and  the  same  shall  be  securely 
and  profitably  invested  as  may  be  by  law  directed.  The  State  shall 
supply  all  losses  thereof  that  may  in  any  manner  occur. 

Sec.  4.  Each  county  treasurer  shall  collect  all  school-funds  belong- 
ing to  his  county,  and  the  several  school-districts  therein,  and  dis- 


Colorado— 1876  495 

burse  the  same  to  the  proper  districts  upon  warrants  drawn  by  the 
county  superintendent,  or  by  the  proper  district  authorities  as  may 
be  provided  by  law. 

Sec.  5.  The  public-school  fund  of  the  State  shall  consist  of  the  ])ro- 
ceeds  of  such  lands  as  have  heretofore  been,  or  may  hereafter  l^e, 
i^ranted  to  the  State  by  the  General  Government  for  educational 
purposes;  all  estates  that  may  escheat  to  the  State;  also  all  other 
grants,  gifts,  or  devises  that  may  be  made  to  this  State  for  educa- 
tional purposes. 

Sec.  ().  There  shall  be  a  county  superintendent  of  schools  in  each 
county  whose  term  of  office  shall  be  two  years,  and  whose .  duties, 
qualifications,  and  compensation  shall  be  prescribed  by  law.  He  shall 
be  ex  officio  commissioner  of  lands  within  his  county,  and  shall  dis- 
charge the  duties  of  said  office  under  the  direction  of  the  State 
board  of  land  commissioners,  as  directed  by  law. 

Sec.  7.  Neither  the  general  assembly,  nor  any  county,  city,  town, 
township,  school-district,  or  other  public  corporation  shall  ever  make 
any  appropriation,  or  pay  from  any  public  fund  or  moneys  whatever, 
anything  in  aid  of  any  church  or  sectarian  society,  or  for  any  sec- 
tarian purpose,  or  to  hejp  support  or  sustaijj  any  school,  academy, 
seminary,  college,  university,  or  other  literary  or  scientific  institution 
controlled  by  any  church  or  sectarian  denomination  whiatsoever;  nor 
shall  any  grant  or  donation  of  land,  money,  or  other  personal  prop- 
erty ever  be  made  by  the  State,  or  any  such  public  corporation,  to 
any  church  or  for  any  sectarian  purpose. 

Sec.  8.  No  religious  test  or  qualification  shall  ever  be  required  of 
any  person  as  a  condition  of  admission  into  any  public  educational 
institution  of  the  State,  either  as  teacher  or  student ;  and  no  teacher 
or  student  of  any  such  institution  shall  ever  be  required  to  attend  or 
participate  in  any  religious  service  whatever.  No  sectarian  tenets 
or  doctrines  shall  ever  be  taught  in  the  public  schools,  nor  shall  any 
distinction  or  classification  of  pupils  be  made  on  account  of  race 
or  color. 

Sec.  0.  The  governor,  superintendent  of  public  instruction,  secre- 
tary of  state,  and  attorney-general  shall  constitute  the  State  board  of 
land  commissioners,  who  shall  have  the  direction,  control,  and  disposi- 
tion of  the  public  lands  of  the  State,  under  such  regulations  as  may 
l)e  prescribed  by  law. 

Sec.  10.  Tt  shall  be  the  duty  of  the  State  board  of  land  connnis- 
sioners  to  provide  for  the  location,  protection,  sale,  or  other  disposi- 
tion of  all  the  lands  heretofore,  or  which  may  hereafter  be.  granted 
to  the  State  by  the  General  Government,  under  such  regulations  as 
may  be  prescribed  by  law,  and  in  such  manner  as  will  secure  the 
maximum  possible  amount  therefor.  No  law  shall  ever  be  passed  by 
the  general  assembly  granting  any  privileges  to  persons  who  may 
have  settled  upon  any  such  public  lands  subsequent  to  the  survey 
thereof  by  the  General  Government,  by  which  the  amount  to  be 
derived  by  the  sale,  or  other  disposition  of  such  lands,  shall  be  dimin- 
ished, directly  or  indirectly.  The  general  assembly  shall,  at  the 
earliest  practicable  period,  provide  by  law  that  the  several  grants  of 
land  made  by  Congress  to  the  State  shall  be  judiciously  located  and 
carefully  preserved  and  held  in  trust  subject  to  disposal  for  the  use 
and  benefit  of  the  respective  objects  for  which  said  grants  of  land 
were  made,  and  the  general  assembly  shall  nrovide  tor  the  sale  of 


496  Colorado— 1876 

said  lands  from  time  to  time,  and  for  the  faithful  application  of  the 
proceeds  thereof  in  nccordanco  with  the  terms  of  said  grants. 

Sec.  11.  The  general  assembly  may  recjuire.  hy  hnv,  that  every 
child  of  sufficient  mental  and  j)hysical  ability  sliall  attend  the  public 
school  during  the  period  between  the  ages  of  six  and  eighteen  years, 
for  a  time  e(piivalent  to  three  years,  unless  e(hu-ate(l  by  other  means. 

Sec.  12.  There  shall  1k'  elected  by  the  (|ualiHed  electors  of  the  State, 
at  the  first  general  election  under  this  constitution,  six  regents  of  the 
university,  who  shall,  innnetliately  after  their  election,  Ik';  so  classi- 
fied, by  lot,  that  two  shall  hold  their  office  for  the  term  of  two  years, 
two  for  four  years,  and  two  for  six  years;  and  every  two  years  after 
the  first  election  there  shall  be  elected  two  regents  of  the  university, 
whose  term  of  office  shall  be  six  years.  The  regents  thus  elected,  and 
their  successors,  shall  constitute  a  body-corporate,  to  be  known  by 
the  name  and  style  of  "^  The  Regents  of  the  University  of  Colorado." 

Sec.  18.  The  regents  of  the  university  shall,  at  their  first  meeting, 
or  as  soon  thereafter  as  practicable,  elect  a  president  of  the  university, 
who  shall  hold  his  office  until  removed  by  the  board  of  regents  for 
cause;  he  shall  be  eu;  o^'cio  a  member  of  the  board,  with  the  privilege 
of  speaking,  but  not  of.  voting,  except  in  cases  of  a  tie;  he  shall  j)re- 
side  at  the  meetings  of  the  board,  and  be  the  principal  executive  of- 
ficer of  the  university,  and  a  member  of  the  faculty  thereof. 

Sec.  14.  The  board  of  regents  shall  have  the  general  supervision  of 
the  university,  and  the  exclusive  control  and  direction  of  all  the  funds 
of,  and  appropriations  to,  the  university. 

Sec.  15.  The  general  assembly  shall,  by  law,  provide  for  organiza- 
tion of  school  districts  of  convenient  size,  in  each  of  which  shall  Ix' 
established  a  board  of  education,  to  consist  of  three  or  more  directors, 
to  be  elected  by  the  qualified  electors  of  the  district.  Said  directors 
shall  have  control  of  instruction  in  the  ])ublic  schools  of  their  re- 
spective districts. 

Sec.  1().  Xeither  the  general  assembly  nor  the  State  board  of  edu- 
cation shall  have  power  to  prescribe  text-books  to  be  used  in  the 
public  schools. 

Article  X 

revenue 

Section  1.  The  fiscal  year  shall  commence  on  the  first  day  of  Oc- 
tober in  each  year,  unless  otherwise  provided  by  law. 

Sec.  2.  The  general  assembly  shall  provide  by  law  for  an  annual 
tax  sufficient,  with  other  resources,  to  defray  the  estimated  expenses 
of  the  State  government  for  each  fiscal  year. 

Sec.  3.  All  taxes  shall  be  uniform  upon  the  same  class  of  subjects 
within  the  territorial  limits  of  the  authority  levying  the  tax,  and 
shall  be  levied  and  collected  under  general  laws,  which  shall  prescribe 
such  regulations  as  shall  secure  a  just  valuation  for  taxation  of  all 
property,  real  and  j^rsonal:  Provided,  That  mines  and  mining- 
claims  l^earing  gold,  silver,  and  other  precious  metals,  (except  the  net 
proceeds  and  surface  improvements  thereof,)  shall  be  exempt  from 
taxation  for  the  period  ot  ten  years  from  the  date  of  the  adoption  of 
this  constitution,  and  thereafter  may  \>o  taxed  as  provided  by  law. 
Ditches,  canals,  and  flumes  owned  and  used  by  individuals  or  corpora- 


Colorado— 1876  497 

tions  for  irrigating  lands  owned  by  «uch  individuals  or  corporations, 
or  the  individual  members  thereoiF,  shall  not  be  separately  taxed  so 
long  as  they  shall  be  owned  and  used  exclusively  for  such  purpose. 

Sec.  4.  The  property,  real  and  personal,  of  the  State,  counties, 
cities,  towns,  and  other  municipal  corporations,  and  public  libraries, 
shall  be  exempt  from  taxation. 

Sec.  5.  Lots,  with  the  buildings  thereon,  if  said  buildings  are  used 
solely  and  exclusively  for  religious  worship,  for  schools,  or  for 
strictly  charitable  purposes,  also  cemeteries  not  used  or  held  for 
private  or  corporate  profit,  shall  be  exempt  from  taxation,  unless 
otherwise  provided  by  general  law. 

Sec.  6.  X\\  laws  exempting  from  taxation  property  other  than  that 
hereinbefore  mentioned  shall  be  void. 

Sec  .  7.  The  general  assembly  shall  not  impose  taxes  for  the  pur- 
poses of  any  county,  city,  town,  or  other  municipal  corporation,  but 
may,  by  law,  vest  in  the  corporate  authorities  thereof  respectively 
the  powder  to  assess  and  collect  taxes  for  all  purposes  of  such  cor- 
poration. 

Sec.  8.  No  county,  city,  town,  or  other  municipal  corporation,  the 
inhabitants  thereof,  nor  the  property  therein,  shall  be  released  or 
discharged  from  their,  or  its,  proportionate  share  of  taxes  to  be  levied 
for  State  purposes. 

Sec.  9.  The  power  to  tax  corporations  and  corporate  property,  real 
and  personal,  shall  never  be  relinquished  or  suspended. 

Sec.  10.  All  corporations  in  this  State,  or  doing  business  therein, 
shall  be  subject  to  taxation  for  State,  county,  school,  municipal,  and 
other  purposes,  on  the  real  and  personal  property  owned  or  used  by 
them  wdthin  the  territorial  limits  of  the  authority  levying  the  tax. 

Sec.  11.  The  rate  of  taxation  on  property,  for  State  purposes, 
shall  never  exceed  six  mills  on  each  dollar  of  valuation;  and  w^hen- 
ever  the  taxable  property  within  the  State  shall  amount  to  one 
hundred  million  dollars  the  rate  shall  not  exceed  four  mills  on  each 
dollar  of  valuation;  and  whenever  the  taxable  property  wathin  the 
State  shall  amount  to  three  hundred  million  dollars  the  rate  shall 
never  thereafter  exceed  two  mills  on  each  dollar  of  valuation,  unless 
a  proposition  to  increase  such  rate,  specifying  the  rate  proposed,  and 
the  time  during  which  the  same  shall  be  levied,  be  first  submitted  to 
a  vote  of  such  of  the  qualified  electors  of  the  State  as  in  the  year  next 
preceding  such  election  shall  have  paid  a  property-tax  assessed  to 
them  within  the  State,  and  a  majority  of  those  voting  thereon  shall 
vote  in  favor  thereof,  in  such  manner  as  may  be  provided  by  law\ 

Sec.  12.  The  treasurer  shall  keep  a  separate  account  of  each  fund 
in  his  hands,  and  shall,  at  the  end  of  each  quarter  of  the  fiscal 
year,  report  to  the  governor  in  writing,  under  oath,  the  amount 
of  all  moneys  in  his  hands  to  the  credit  of  every  such  fund,  and  the 
place  where  the  same  are  kept  or  deposited,  and  the  number  and 
amount  of  every  warrant  received,  and  the  number  and  amount  of 
every  warrant  paid  therefrom  during  the  quarter.  Swearing  falsely 
to  any  such  report  shall  be  deemed  perjury.  The  governor  shall 
cause  every  such  report  to  be  immediately  published  in  at  least  one 
newspaper  printed  at  the  seat  of  government,  and  otherwise  as  the 
general  assembly  may  require.  The  general  assembly  may  provide 
by  law  further  regulations  for  the  saie-keeping  and  management  of 


498  Colorado— 1876 

tlic  public  funds  in  the  hands  of  the  troasurcr;  but  notwithstanding 
any  sucli  ro^uhition,  tlie  treasurer  and  his  sureties  shall  in  all  cases 
be  held  responsible  therefor. 

Sec.  13.  The  niakinjr  <>f  profit,  directly  or  indirectly,  out  of  State, 
county,  city,  town  or  selKK)l-district  money,  or  using  the  same  for  any 
purpose  not  authorized  by  law.  by  any  jjublic  officer,  shall  be  deemed 
a  felony,  and  shall  be  punished  as  provided  l)v  law. 

Sec.  14.  Private  property  shall  not  be  taken  or  sold  for  the  pay- 
ment of  the  corporat*'  debt  of  municipal  corporations. 

Sec.  IT).  There  shall  Ik*  a  State  board  of  c()ualization,  consisting  of 
the  governor.  State  auditor,  State  treasurer,  secretary  of  state,  and 
attorney -general ;  also,  in  each  county  of  this  State,  a  county  board  of 
equalization,  consisting  of  the  board  of  county  commissioners  of  said 
county.  The  dutv  of  the  State^  board  of  equalization  shall  l)e  to 
adjust  and  equalize  the  valuation  of  real  and  personal  property 
among  the  several  counties  of  the  State.  The  duty  of  the  county 
board  of  equalization  shall  be  to  adjust  and  equalize  the  valuation 
of  real  and  personal  property  within  their  respective  counties.  P^ach 
board  shall  also  j^erform  such  other  duties  as  may  be  prescribed  by 
law. 

Sec.  16.  No  appropriation  shall  he  made,  nor  any  expenditure 
authorized  by  the  general  assembly,  whereby  the  expenditure  of  the 
State,  during  any  fiscal  year,  shall  exceed  the  total  tax  then  provided 
for  by  law  and  applicable  for  such  appropriation  or  expenditure, 
unless  the  general  assembly  making  such  appropriation  shall  provide 
for  levying  a  sufficient  tax,  not  exceeding  the  rates  allowed  in  section 
eleven  of  this  article,  to  pay  such  ap|)ropriation  or  expenditure 
within  such  fiscal  year.  This  provision  shall  not  apply  to  appro- 
priations or  expenditures  to  suppress  insurrection,  defend  the  State, 
or  assist  in  defending  the  United  States  in  time  of  war. 

Article  XI 

PUBLIC    indebtedness 

Section  1.  Neither  the  State,  nor  any  county,  city,  town,  township, 
or  school -district  shall  lend  or  i)ledge  the  credit  or  faith  thereof, 
directly  or  indirectly,  in  any  manner  to,  or  in  aid  of,  any  person, 
company,  or  corporation,  public  or  private,  for  any  amount  or  for 
any  ])urpose  whatever,  or  l^ecome  responsible  for  any  debt,  contract, 
or  liability  of  anv  person,  company,  or  corporation,  public  or  private, 
in  or  out  of  the  ^tate. 

Sec.  2.  Neither  the  State,  nor  any  county,  city,  town,  township,  or 
school-district  shall  make  any  donation  or  gi*ant  to,  or  in  aid  of,  or 
become  a  subscrilier  to,  or  shareholder  in,  any  corporation  or  com- 
pany, or  a  joint  owner  with  any  person,  company,  or  corporation, 
public  or  private,  in  or  out  of  the  State,  except  as  to  such  ownership 
as  may  accrue  to  the  State  l)y  escheat,  or  by  forfeiture,  by  operation 
or  provision  of  law;  and  except  as  to  such  ownership  as  may  accrue 
to  the  State,  or  to  any  county,  city,  town,  township,  or  school-district, 
or  to  either  or  any  of  them,  jointly  with  any  person,  company,  or 
corporation,  by  forfeiture  or  sale  of  real  estate  for  non-payment  of 
taxes,  or  by  donation  or  devise  for  public  use,  or  by  purchase  by  or 
on  behalf  of  any  or  either  of  them,  jointly  with  any  or  either  of  them, 


Colorado~1876  499 

under  execution  in  cases  of  fine,  penalties,  or  forfeiture  of  recog- 
nizance, breach  of  condition  of  official  bond,  or  of  bond  to  secure 
public  monej'^s,  or  the  performance  of  any  contract  in  which  they  or 
any  of  them  may  be  jomtly  or  severally  interested. 

Sec.  3.  The  State  shall  not  contract  any  debt  by  loan,  in  any  form, 
except  to  provide  for  casual  deficiencies  of  revenue,  erect  public 
buildings  for  use  of  the  State,  suppress  insurrection,  defend  the 
State,  or,  in  time  of  war,  assist  in  defending  the  United  States ;  and 
the  amount  of  debt  contracted  in  any  one  year  to  provide  for  defi- 
ciencies of  the  revenue  shall  not  exceed  one-fourth  of  a  mill  on  each 
dollar  of  valuation  of  taxable  property  within  the  State,  and  the 
aggregate  amount  of  such  debt  shall  not  at  any  time  exceed  three- 
fourths  of  a  mill  on  each  dollar  of  said  valuation  until  the  valua- 
tion shall  equal  one  hundred  millions  of  dollars,  and  thereafter  such 
debt  shall  not  exceed  one  hundred  thousand  dollars,  and  the  debt 
incurred  in  any  one  year  for  erection  of  public  buildings  shall  not 
exceed  one-half  mill  on  each  dollar  of  said  valuation,  and  the  aggre- 
gate amount  of  such  debt  shall  never  at  any  time  exceed  the  simi  of 
fiftv  thousand  dollars,  (except  as  provided  in  section  five  of  this 
article;)  and  in  all  cases  the  valuation  in  this  section  mentioned  shall 
be  that  of  the  assessment  last  preceding  the  creation  of  said  debt. 

Sec.  4.  In  no  case  shall  any  debt  above  mentioned  in  this  article  be 
created,  except  by  a  law  which  shall  be  irrepealable,  until  the  indebt- 
edness therein  provided  for  shall  have  been  fully  paid  or  discharged ; 
such  law  shall  specify  the  purposes  to  which  the  funds  so  raised  shall 
be  applied,  and  provide  for  the  levy  of  a  tax  sufficient  to  pay  the 
interest  on,  and  extinguish  the  principal  of,  such  debt  within  the 
time  limited  by  such  law  for  the  payment  thereof,  which,  in  the  case 
of  debts  contracted  for  the  erection  of  public  buildings  and  supply- 
ing deficiencies  of  revenue,  shall  not  be  less  than  ten  nor  more  than 
fifteen  years;  and  the  funds  arising  from  the  collection  of  any  such 
tax  shall  not  be  applied  to  any  other  purpose  than  that  provided  in 
the  law  levying  the  same;  and  when  the  debt  thereby  created  shall 
be  paid  or  discharged  such  tax  shall  cease,  and  the  balance,  if  any,  to 
the  credit  of  the  fund,  shall  immediately  be  placed  to  the  credit  of 
the  general  fund  of  the  State. 

Sec.  5.  A  debt  for  the  purpose  of  erecting  public  buildings  may  be 
created  by  law,  as  provided  for  in  section  four  of  this  article,  not 
exceeding  in  the  aggregate  three  mills  on  each  dollar  of  said  valua- 
tion: Provided^  That  before  going  into  effect  such  law  shall  be  rati- 
fied by  the  vote  of  a  majority  of  such  qualified  electors  of  the  State 
as  shall  vote  thereon  at  a  general  election,  under  such  regulations  as 
the  general  assembly  may  prescribe. 

Sec.  6.  No  county  shall  contract  any  debt  by  loan  in  any  form, 
except  for  the  purpose  of  erecting  necessary  public  buildings,  making 
or  repairing  public  roads  and  bridges;  and  such  indebtedness  con- 
tracted in  any  one  year  shall  not  exceed  the  rates  upon  the  taxable 
property  in  such  county  following,  to  wit:  counties  in  which  the 
assessed  valuation  of  taxable  property  shall  exceed  five  millions  of 
dollars,  one  dollar  and  fifty  cents  on  each  thousand  dollars  thereof; 
counties  in  which  such  valuation  shall  be  less  than  five  millions  of 
dollars,  three  dollars  on  each  thousand  dollars  thereof ;  and  the  aggre- 
gate amount  of  indebtedness  of  any  county,  for  all  purposes,  exclusive 
of  debts  contracted  before  the  adoption  of  this  constitution,  shall  not 


500  Colorado— 1876 

at  any  time  exceed  twice  the  amount  above  herein  limited,  unless 
when,  in  manner  provided  by  law,  the  question  of  incurring  such  debt 
shall,  at  a  general  election,  be  submitted  to  such  of  the  qualified 
electors  of  such  county  as  in  the  year  last  preceding  such  election 
shall  have  paid  a  tax  upon  property  assessed  to  them  in  such  county, 
and  a  majority  of  those  voting  thereon  shall  vote  in  favor  of  incur- 
ring the  debt;  but  the  bonds,  if  any  be  issued  therefor,  shall  not  run 
less  than  ten  years;  and  the  aggregate  amount  of  debt  so  contracted 
shall  not  at  any  time  exceed  twice  the  rate  upon  the  valuation  last 
herein  mentioned :  Provided,  That  this  section  shall  not  apply  to 
counties  having  a  valuation  of  less  than  one  million  of  dollars. 

Sec.  7.  No  debt  by  loan  in  any  form  shall  be  contracted  by  any 
school -district  for.  the  purpose  of  erecting  and  furnishing  school- 
buildings  or  purchasing  grounds,  unless  the  proposition  to  create 
such  debt  shall  first  be  submitted  to  such  qualified  electors  of  the  dis- 
tricts as  shall  have  paid  a  school-tax  therein  in  the  year  next  preced- 
ing such  election,  and  a  majority  of  those  voting  thereon  shall  vote  in 
favor  of  incurring  such  debt. 

Sec.  8.  No  city  or  town  shall  contract  any  debt  by  loan  in  any  form, 
except  by  means  of  an  ordinance,  which  shall  be  irrepealable  until  the 
indebtedness  therein  provided  for  shall  have  been  fully  paid  or  dis- 
charged, specifying  the  purposes  to  which  the  funds  to  be  raised  shall 
be  applied,  and  providing  tor  the  levy  of  a  tax,  not  exceeding  twelve 
mills  on  each  dollar  of  valuation  of  taxable  property  within  such  city 
or  town,  sufficient  to  pay  the  annual  interest  and  extinguish  the  prin- 
cipal of  such  debt  within  fifteen,  but  not  less  than  ten,  years  from  the 
creation  thereof;  and  such  tax,  when  collected,  shall  be  applied 
only  to  the  purposes  in  such  ordinance  specified  until  the  indebted- 
ness shall  be  paid  or  discharged ;  but  no  such  debt  shall  be  created 
unless  the  question  of  incurring  the  same  shall,  at  a  regular  election 
for  councilmen,  aldermen,  or  officers  of  such  city  or  town,  be  submitted 
to  a  vote  of  such  qualified  electors  thereof  as  shall,  in  the  year  next 
preceding,  have  paid  a  property-tax  therein,  and  a  majority  of  those 
voting  on  the  question,  by  ballot  deposited  in  a  separate  ballot-box, 
shall  vote  in  favor  of  creating  such  debt;  but  the  aggregate  amount 
of  debt  so  created,  together  with  the  debt  existing  at  the  time  of  such 
election,  shall  not  at  any  time  exceed  three  per  cent,  of  the  valuation 
last  aforesaid.  Debts  contracted  for  supplying  water  to  such  city  or 
town  are  excepted  from  the  operation  of  this  section.  The  valuation 
in  this  section  mentioned  shall  be  in  all  cases  that  of  the  assessment 
next  preceding  the  last  assessment  before  the  adoption  of  such 
ordinance. 

Sec.  9.  Nothing  contained  in  this  article  shall  be  so  construed  as  to 
either  impair  or  add  to  the  obligation  of  anj^  debt  heretofore  con- 
tracted by  any  county,  city,  town,  or  school-district  in  accordance  with 
the  laws  of  Colorado  Territory,  or  prevent  the  contracting  of  any 
debt,  or  the  issuing  of  bonds  therefor,  in  accordance  with  said  laws, 
upon  any  proposition  for  that  purpose  which  may  have  been,  accord- 
ing to  sjiid  laws,  submitted  to  a  vote  of  the  qualified  electors  of  any 
county,  city,  town,  or  school-district  before  the  day  on  which  this 
constitution  takes  effect. 


Colorado— 1876  501 

Article  XII 

OFFICERS 

Section  1.  Every  person  holding  any  civil  office  under  the  State  or 
any  municipality  therein  shall,  unless  removed  according  to  law,  ex- 
ercise the  duties  of  such  office  until  his  successor  is  duly  qualified ;  but 
this  shall  not  apply  to  members  of  the  general  assembly,  nor  to  mem- 
bers of  any  board  or  assembly  two  or  more  of  whom  are  elected  at  the 
same  time ;  the  general  assembly  may  by  law  provide  for  suspending 
any  officer  in  his  functions  pending  impeachment  or  prosecution  for 
misconduct  in  office. 

Sec.  2.  No  person  shall  hold  any  office  or  employment  of  trust  or 
profit,  under  the  laws  of  the  State  or  any  ordinance  of  any  municipal- 
ity therein,  without  devoting  his  personal  attention  to  the  duties  of 
the  same. 

Sec.  3.  No  person  who  is  now  or  hereafter  may  become  a  collector 
or  receiver  of  public  money,  or  the  deputy  or  assistant  of  such  col- 
lector or  receiver,  and  who  shall  have  become  a  defaulter  in  his  office, 
shall  be  eligible  to  or  assume  the  duties  of  any  office  of  trust  or  profit 
in  this  State,  under  the  laws  thereof,  or  of  any  municipalitj'^  therein, 
until  he  shall  have  accounted  for  and  paid  over  all  public  money  for 
which  he  may  be  accountable. 

Sec.  4.  No  person  hereafter  convicted  of  embezzlement  of  public 
moneys,  bribery,  perjury,  solicitation  of  bribery,  or  subornation  of 
perjury,  shall  be  eligible  to  the  general  assembly,  or  capable  of  hold- 
ing any  office  of  trust  or  profit  in  this  State, 

Sec.  5.  The  district  court  of  each  county  shall,  at  each  term  thereof, 
specially  give  in  charge  to  the  grand  jury,  if  there  be  one,  the  laws 
regulating  the  accountability  of  the  county  treasurer,  and  shall  ap- 
point a  committee  of  such  grand  jury,  or  of  other  reputable  persons, 
not  exceeding  five,  to  investigate  the  official  accounts  and  affairs  of 
the  treasurer  of  such  county,  and  report  to  the  court  the  condition 
thereof.  The  judge  of  the  district  court  may  appoint  a  like  commit- 
tee in  vacation  at  any  time,  but  not  oftener  than  once  in  every  three 
months.  The  district  court  of  the  county  wherein  the  seat  of  govern- 
ment may  be  shall  have  the  like  power  to  appoint  committees  to  inves- 
tigate the  official  accounts  and  affairs  of  the  State  treasurer  and  the 
auditor  of  State. 

Sec.  6.  Any  civil  officer  or  member  of  the  general  assembly  who 
shall  solicit,  demand,  or  receive,  or  consent  to  receive,  directly  or  indi- 
rectly, for  himself  or  for  another,  from  any  company,  corporation, 
or  person,  any  money,  office,  appointment,  employment,  testimonial, 
reward,  thing  of  value  or  enjoyment,  or  of  personal  advantage  or 
promise  thereof,  for  his  vote,  official  influence,  or  action,  or  for  with- 
holding the  same,  or  with  an  understanding  that  his  official  influence 
or  action  shall  be  in  any  way  influenced  thereby,  or  who  shall  solicit 
or  demand  any  such  money  or  advantage,  matter,  or  thing  aforesaid 
for  another,  as  the  consideration  of  his  vote,  official  influence,  or 
action,  or  for  withholding  the  same,  or  shall  give  or  withhold  his  vote, 
oflficial  influence,  or  action  in  consideration  of  the  payment  or  prom- 
ise of  such  money,  advantage,  matter,  or  thing  to  another,  shall  be 
held  guilty  of  bribery,  or  solicitation  of  bribery,  as  the  case  may  be, 
within  the  meaning  of  this  constitution,  and  shall  incur  the  disabili- 


502  Colorado— 1876 

ties  provided  thereby  for  such  offence,  and  such  additional  punish- 
ment as  is  or  shall  lx»  prescribed  by  law. 

Sec.  7.  Every  ineinl)er  of  the  general  assembly  shall,  before  he 
enters  upon  his  official  duties,  take  an  oath  or  affirmation  to  support 
the  Constitution  of  the  United  States  and  of  the  State  of  Colorado, 
and  to  faithfully  perform  the  duties  of  his  office  according  to  the  best 
of  his  ability.  This  oath,  or  affirmation,  shall  be  administered  in  the 
hall  of  the  house  to  which  the  membrt*  shall  have  l>een  elected. 

Sec.  8.  Every  civil  officer,  except  members  of  the  general  assembly 
and  such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  he 
enters  upon  the  duties  of  his  office,  take  and  subscribe  an  oath  or 
affirmation  to  support  the  Constitution  of  the  United  States  and  the 
State  of  Colorado,  and  to  faithfully  perform  the  duties  of  the  office 
upon  which  he  shall  he  about  to  enter. 

Sec.  9.  Officers  of  the  executive  department  and  judges  of  the 
supreme  and  district  courts,  and  district  attorneys,  shall  file  their 
oaths  of  office  with  the  secretary  of  state ;  every  other  officer  shall  file 
his  oath  of  office  with  the  county  clerk  of  the  county  wherein  he  shall 
have  been  elected. 

Sec.  10.  If  any  person  elected  or  appointed  to  any  office  shall  refuse 
or  neglect  to  qualify  therein  within  the  time  prescribed  by  law,  such 
office  shall  be  deemed  vacant. 

Sec.  11.  The  term  of  office  of  any  officer  elected  to  fill  a  vacancy 
shall  terminate  at  the  expiration  of  the  term  during  which  the 
vacancy  occurred. 

Sec.  12.  No  person  who  shall  hereafter  fight  a  duel,  or  assist  in 
the  same  as  a  second,  or  send,  accept,  or  knowingly  carry  a  challenge 
therefor,  or  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  hold  any 
office  in  the  State. 

Article  XIII 

IMPEACHM  ENTS 

Section  1.  The  house  of  representatives  shall  have  the  sole  power 
of  impeachment.  The  concurrence  of  a  majority  of  all  the  members 
shall  be  necessary  to  an  impeachment.  All  impeachments  shall  be 
tried  by  the  Senate,  and,  when  sitting  for  that  purpose,  the  senators 
shall  be  upon  oath  or  affirmation  to  do  justice  according  to  law  and 
evidence.  When  the  governor  or  lieutenant  governor  is  on  trial,  the 
chief -justice  of  the  supreme  court  shall  preside.  No  person  shall  lie 
convicted  without  a  concurrence  of  two-thirds  of  the  senators  elected. 

Sec.  2.  The  governor  and  other  State  and  judicial  officers,  except 
county  judges  and  justices  of  the  peace,  shall  be  liable  to  impeachment 
for  high  crimes  or  misdemeanors,  or  malfeasance  in  office,  but  judg- 
ment in  such  cases  shall  only  extend  to  removal  from  office  and  dis- 
qualification to  hold  any  office  of  honor,  trust,  or  profit  in  the  State. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be. 
liable  to  prosecution,  trial,  judgment,  and  punishment  according  to 
law. 

Sec.  3.  All  officers  not  liable  to  impeachment  shall  he  subject  to 
removal  for  misconduct  or  malfeasance  in  office,  in  such  manner  as 
may  be  provided  by  law. 


Colorado— 1876  503 

Article  XIV 

COUNTIES 

Section  1.  The  several  counties  of  the  Territory  of  Colorado,  as 
they  now  exist,  are  hereby  declared  to  be  counties  of  the  State. 

Sec.  2.  The  general  assembly  shall  have  no  power  to  remove  the 
county-seat  of  any  county,  but  the  removal  of  county-seats  shall  be 
provided  for  by  general  law,  and  no  county-seat  shall  be  removed 
unless  a  majority  of  the  qualified  electors  of  the  county,  voting  on 
the  proposition  at  a  general  election,  vote  therefor;  and  ho  such 
proposition  shall  be  submitted  oftener  than  once  in  four  years,  and 
no  person  shall  vote  on  such  proposition  who  shall  not  have  resided 
in  the  county  six  months  and  in  the  election-precinct  ninety  days  next 
preceding  such  election. 

Sec.  3.  No  part  of  the  territory  of  any  county  shall  be  stricken  off 
and  added  to  an  adjoining  county  without  first  submitting  the  ques- 
tion to  the  qualified  voters  of  the  county  from  which  the  territory  is 
proposed  to  be  stricken  off;  nor  unless  a  majority  of  all  the  qualified 
voters  of  said  county  voting  on  the  question  shall  vote  therefor. 

Sec.  4.  In  all  cases  of  the  establishment  of  any  new  county,  the 
new  county  shall  be  held  to  pay  its  ratable  proportion  of  all  then  ex- 
isting liabilities  of  the  county  or  counties  from  which  such  new 
countj^  shall  be  formed. 

Sec.  5.  ^Vhen  any  part  of  a  county  is  stricken  off  and  attached  to 
another  county,  the  part  stricken  off  shall  be  held  to  pay  its  ratable 
proportion  of  all  then  existing  liabilities  of  the  county  from  which  it 
is  taken. 

COUNTY   officers 

Sec.  6.  In  each  county  there  shall  be  elected  for  the  term  of  three 
years  three  county  commissioners,  who  shall  hold  sessions  for  the 
transaction  of  county  business  as  provided  by  law,  any  two  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business.  One  of  said 
commissioners  shall  be  elected  on  the  first  Tuesday  of  October, 
eighteen  hundred  and  seventy-six,  and  every  year  thereafter  one 
such  officer  shall  be  elected  in  each  county,  at  the  general  election,  for 
the  term  of  three  years :  Provided,  That  when  the  population  of  any 
county  shall  exceed  ten  thousand,  the  board  of  county  commissioners 
may  consist  of  five  members,  who  shall  be  elected  as  provided  by  law, 
any  three  of  whom  shall  constitute  a  quorum  for  the  transaction  of 
business. 

Sec.  7.  The  compensation  of  all  county  and  precinct  officers  shall 
be  as  provided  by  law\ 

Sec.  8.  There  shall  be  elected  in  each  county,  on  the  first  Tuesday  of 
October,  in  the  year  one  thousand  eight  hundred  and  seventy-seven, 
and  every  alternate  year  forever  thereafter,  one  county  clerk,  who 
shall  Ix^  ex  offcio  recorder  of  deeds  and  clerk  of  the  board  of  county 
commissioners;  one  sheriff;  one  coroner;  one  treasurer,  who  shall  be 
collector  of  taxes;  one  county  superintendent  of  schools;  one  county 
surveyor,  and  one  county  assessor. 

Sec.  0.  In  case  of  a  vacancy  occurring  in  the  office  of  county  com- 
missioner, the  governor  shall  fill  the  same  by  appointment;  and  in  the 
case  of  a  vacancy  in  any  other  county  office,  or  in  any  precinct  office, 


504  Colorado— 1876 

tlie  board  of  county  commissioners  shall  fill  the  same  by  appointment; 
and  the  person  appointed  shall  hold  the  office  until  the  next  general 
election,  or  until  the  vacancy  be  filled  by  election  according  to  law. 

Sec.  10.  No  person  shall  be  eligible  to  any  county  oflice  uidess  he 
be  a  qualified  elector;  nor  unless  he  shall  have  resided  in  the  county 
one  year  preceding  his  election. 

Sec.  11.  Theie  sliall,  at  the  first  election  at  which  county  officers  are 
chosen,  and  annually  thereafter,  Ix'  elected  in  each  precinct  one  justice 
of  the  jpeace  and  one  constable,  who  shall  each  hold  his  office  for  the 
term  of  two  years:  Provided,  That  in  precincts  containing  five  thou- 
sand or  more  inhabitants,  the  number  of  justices  and  constables  may 
be  increased  as  provided  by  law. 

Sec.  12.  The  general  assembly  shall  provide  for  the  election  or  ap- 
pointment of  such  other  county,  township,  precinct,  and  municipal 
officers  as  public  convenience  may  require;  and  their  terms  of  office 
shall  be  as  prescribed  by  law,  not  in  any  case  to  exceed  two  years. 

Sec.  13.  The  general  assembly  shall  i)rovide,  by  general  laws,  for 
the  organization  and  classification  of  cities  and  towns.  The  number 
of  such  classes  shall  not  exceed  four,  and  the  powers  of  each  class 
shall  be  defined  by  general  laws,  so  that  all  municipal  corporations 
of  the  same  class  shall  possess  the  same  powers,  and  be  subject  to  the 
same  restrictions. 

Sec.  14.  The  general  assembly  shall  also  make  provision,  by  general 
law,  whereby  an}'  city,  town,  or  village,  incorporated  by  any  special 
or  local  law,  may  elect  to  become  subject  to,  and  he  governed  by,  the 
general  law  relating  to  such  corporations. 

Sec.  15.  For  the  purpose  of  providing  for  and  regulating  the  com- 
pensation of  county  and  precinct  officers,  the  general  assembly  shall, 
by  law,  classify  the  several  counties  of  the  State  according  to  popula- 
tion, and  shall  grade  and  fix  the  compensation  of  the  officers  within 
the  respective  classes  according  to  the  population  thereof.  Such  law 
shall  establish  scales  of  fees  to  be  charged  and  collected  by  such  of 
the  county  and  precinct  officers  as  may  l)e  designated  therein,  for 
services  to  be  performed  by  them  respectively ;  and  where  salaries  are 
provided  the  same  shall  be  payable  only  out  of  the  fees  actually  col- 
lected in  all  cases  where  fees  are  prescribed.  All  fees,  perquisites, 
and  emoluments,  above  the  amount  of  such  salaries,  shall  be  paid  into 
the  county  treasury. 

Article  XV 

CORI'ORATIONS. 

Section  1.  All  existing  charters  or  grants  of  special  or  exclusive 
privileges,  under  which  the  corporators  or  grantees  shall  not  have 
organized  and  commenced  business  in  good  faith  at  the  time  of  the 
adoption  of  this  constitution,  shall  thereafter  have  no  validity. 

Sec.  2.  No  charter  of  incorporations  shall  be  granted,  extended, 
changed,  or  amended  by  special  law,  except  for  such  municipal, 
charitable,  educational,  penal,  or  reformatory  corporations  as  are  or 
may  be  under  the  control  of  the  State ;  but  the  general  assembly  shall 
provide  by  general  laws  for  the  organization  of  corporations  here- 
after to  be  created. 

Sec.  3.  The  general  assembly  shall  have  the  power  to  alter,  revoke, 


Colorado— 1876  505 

or  annul  any  charter  of  incorporation  now  existing  and  revocable  at 
the  adoption  of  this  constitution,  or  any  that  may  hereafter  be 
created,  whenever  in  their  opinion  it  may  be  injurious  to  the  citizens 
of  the  State,  in  such  manner,  however,  that  no  injustice  shall  be  done 
to  the  corporators. 

Sec.  4.  All  railroads  shall  be  public  highways,  and  all  railroad 
companies  shall  be  common  carriers.  Any  association  or  corporation 
organized  for  the  purpose  shall  have  the  right  to  construct  and 
operate  a  railroad  between  any  designated  points  Avithin  this  State, 
and  to  connect  at  the  State  line  with  railroads  of  other  States  and 
Territories.  Every  railroad  company  shall  have  the  right  with  its 
road  to  intersect,  connect  with,  or  cross  any  other  railroad. 

Sec.  5.  No  railroad  corporation,  or  the  lessees  or  managers  thereof, 
shall  consolidate  its  stock,  property,  or  franchises  with  any  other  rail- 
road corporation  owning  or  having  under  its  control  a  parallel  or 
competing  line. 

Sec.  6.  All  individuals,  associations,  and  corporations  shall  have 
equal  rights  to  have  persons  and  property  transported  over  any  rail- 
road in  this  State,  and  no  undue  or  unreasonable  discrimination  shall 
be  made  in  charges  or  in  facilities  for  transportation  of  freight  or 
passengers  within  the  State,  and  no  railroad  company,  nor  any  lessee, 
manager,  or  employe  thereof,  shall  give  any  preference  to  individuals, 
associations,  or  corporations  in  furnishing  cars  or  motive-power. 

Sec.  7.  No  railroad  or  other  transportation  company  in  existence  at 
the  time  of  the  adoption  of  this  constitution  shall  have  the  benefit  of 
any  future  legislation  without  first  filing  in  the  office  of  the  secretary 
of  state  an  acceptance  of  the  provisions  of  this  constitution  in  bind- 
ing form. 

Sec.  8.  The  right  of  eminent  domain  shall  never  be  abridged,  nor 
so  construed  as  to  prevent  the  general  assembly  from  taking  the 
property  and  franchises  of  incorporated  companies  and  subjecting 
them  to  public  use,  the  same  as  the  property  of  individuals;  and  the 
police  powers  of  the  State  shall  never  be  abridged,  or  so  construed  as 
to  permit  corporations  to  conduct  their  business  in  such  manner  as  to 
infringe  the  equal  rights  of  individuals  or  the  general  well-being  of 
the  State. 

Sec.  9.  No  corporation  shall  issue  stocks  or  bonds,  except  for  labor 
done,  services  performed,  or  money  or  property  actually  received,  and 
all  fictitious  increase  of  stock  and  indebtedness  shall  be  void.  The 
stock  of  corporations  shall  not  be  increased  except  in  pursuance  of 
general  law,  nor  without  the  consent  of  the  persons  holding  a  majority 
of  the  stock,  first  obtained  at  a  meeting  held  after  at  least  thirty 
days'  notice  given  in  pursuance  of  law. 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in  this  State 
without  having  one  or  more  known  places  of  business,  and  an  author- 
ized agent  or  agents  in  the  same  upon  whom  process  may  be  served. 

Sec.  11.  No  street  railroad  shall  be  constructed  within  any  city, 
town,  or  incorporated  village  without  the  consent  of  the  local  author- 
ities having  the  control  of  the  street  or  highway  proposed  to  be  occu- 
pied by  such  street-railroad. 

Sec.  12.  The  general  assembly  shall  pass  no  law  for  the  benefit  of 
a  railroad  or  other  corporation,  or  any  individual  or  association  of 


506  Colorado— 1876 

individuals,  retrospective  in  its  operation,  or  which  imposes  on  the 
people  of  any  county  or  municipal  subdivision  of  the  State  a  new 
liability  in  respect  to  transactions  or  considerations  already  past. 

Sec.  13.  Any  association  or  corporation,  or  the  lessees  or  managers 
thereof,  organized  for  the  purpose,  or  any  individual,  shall  have  the 
right  to  construct  and  maintain  lines  of  telegraph  within  this  State, 
and  to  connect  the  same  with  other  lines;  and  the  general  assembly 
shall,  by  general  law  of  uniform  operation,  provide  reasonable  regula- 
tions to  give  full  effect  to  this  section.  No  telegraph  company  shall 
consolidate  with,  or  hold  a  controlling  interest  in,  the  stock  or  Ixwids 
of  any  other  telegraph  company  owning  or  having  the  control  of  a 
competing  line,  or  acquire,  by  purchase  or  otherwise,  any  other  com- 
peting line  of  telegraph. 

Sec.  14.  If  any  railroad,  telegraph,  express,  or  other  corporation 
organized  under  any  of  the  laws  of  this  State  shall  consolidate,  by 
sale  or  otherwise,  with  any  railroad,  telegraph,  express,  or  other  cor- 
poration organized  under  any  laws  of  any  other  State  or  Territory, 
or  of  the  United  States,  the  same  shall  not  thereby  become  a  foreign 
corporation,  but  the  courts  of  this  State  shall  retani  jurisdiction  over 
that  part  of  the  corporate  propertv  within  the  limits  of  the  State  in 
all  matters  which  may  arise,  as  if  said  consolidation  had  not  taken 
place. 

Sec.  15.  It  shall  be  unlawful  for  any  person,  company,  or  corpora- 
tion to  require  of  its  servants  or  employes,  as  a  condition  of  their  em- 
ployment or  otherwise,  any  contract  or  agreement  whereby  such  per- 
son, company,  or  corporation  shall  be  released  or  discharged  from 
liability  or  responsibility  on  account  of  personal  injuries  received  by 
such  servants  or  employes  while  in  the  service  of  such  person,  com- 
pany, or  corporation  l)v  reason  of  the  negligence  of  such  person,  com- 
pany, or  corporation,  or  the  agents  or  employes  thereof;  and  such  con- 
tracts shall  be  absolutely  null  and  void. 

Article  XVI 

MININ<J   AND    IRRIGATION 
MINI NO 

Section  1.  There  shall  lie  established  and  maintained  the  office  of 
commissioner  of  mines,  the  duties  and  salary  of  which  shall  lx»  pre- 
scribed by  law.  When  said  office  shall  be  established  the  governor 
shall,  with  the  advice  and  consent  of  the  Senate,  appoint  thereto  a 
person  known  to  be  competent,  whose  term  of  office  shall  be  four 
years. 

Sec.  2.  The  general  assembly  shall  provide  by  law  for  the  proper 
ventilation  of  minas,  the  construction  of  escapement-shafts,  and  such 
other  appliances  as  may  be  necessary  to  protect  the  health  and  secure 
the  safetv  of  the  workmen  therein,  and  shall  prohibit  the  employment 
in  the  mines  of  children  under  twelve  years  of  age. 

Sec.  3.  The  general  assembly  may  make  such  regulations  from  time 
to  time  as  may  be  necessary  for  the  proper  and  equitable  drainage 
of  mines. 

Sec.  4.  The  general  assembly  may  provide  that  the  science  of  min- 
ing and  metallurgy  be  taught  in  one  or  more  of  the  institutions  of 
learning  under  the  patronage  of  the  State. 


Colorado— 1876  507 

IBEIGATION 

Sec.  5.  The  water  of  every  natural  stream  not  heretofore  appropri- 
ated Avithin  the  State  of  Colorado  is  hereby  declared  to  be  the  prop- 
erty of  the  public ;  and  the  same  is  dedicated  to  the  use  of  the  people 
of  the  State,  subject  to  appropriation  as  hereinafter  provided. 

Sec.  6.  The  right  to  divert  the  unappropriated  waters  of  any  nat- 
ural stream  to  beneficial  uses  shall  never  be  denied.  Priority  of  ap- 
propriation shall  give  the  better  right  as  betAveen  those  using  the 
water  for  the  same  purpose;  but  when  the  waters  of  any  natural 
stream  are  not  sufficient  for  the  service  of  all  those  desiring  the  use 
of  the  same,  those  using  the  Avater  for  domestic  purposes  shall  have 
the  preference  over  those  claiming  for  any  other  purpose,  and  those 
using  the  water  for  agricultural  purposes  shall  have  preference  over 
those  using  the  same  for  manufacturing  purposes. 

Sec.  Y.  All  persons  and  corporations  shall  have  the  right  of  way 
across  public,  private,  and  corporate  lands  for  the  construction  of 
ditches,  canals,  and  flumes  for  the  purpose  of  conveying  water  for  do- 
mestic purposes,  for  the  irrigation  of  agricultural  lands,  and  for 
mining  and  manufacturing  purposes,  and  for  drainage,  upon  pay- 
ment of  just  compensation. 

Sec.  8.  The  general  assembly  shall  provide  by  law  that  the  board 
of  county  commissioners,  in  their  respective  counties,  shall  have 
power,  Avhen  application  is  made  to  them  by  either  party  interested, 
to  establish  reasonable  maximum  rates  to  be  charged  for  the  use  of 
water,  whether  furnished  by  individuals  or  corporations. 

Article  XVII 

MIIilTIA 

Section  1.  The  militia  of  the  State  shall  consist  of  all  able-bodied 
male  residents  of  the  State  between  the  ages  of  eighteen  and  forty- 
fiA^e  years,  except  such  persons  as  may  be  exempted  by  the  laAvs  of 
the  United  States  or  of  the  State. 

Sec.  2.  The  organization,  equipment,  and  discipline  of  the  militia 
shall  conform,  as  nearly  as  practicable,  to  the  regulations  for  the  gov- 
ernment of  the  armies  of  the  United  States. 

Sec.  3.  The  governor  shall  appoint  all  general,  field,  and  staff  offi- 
cers, and  commission  them.  Each  company  shall  elect  its  own  offi- 
cers, who  shall  be  commissioned  by  the  governor ;  but  if  any  company 
shall  fail  to  elect  such  officers  Avithin  the  time  prescribed  by  law,  they 
may  be  appointed  by  the  governor. 

Sec.  4.  The  general  assembly  shall  provide  for  the  safe-keeping  of 
the  public  arms,  military  records,  relics,  and  banners  of  the  State. 

Sec.  5.  No  person  having  conscientious  scruples  against  bearing 
arms  shall  be  compelled  to  do  militia  duty  in  time  of  peace :  Provided,, 
Such  person  shall  pay  an  equivalent  for  such  exemption. 

Article  XVIII 

MISCELLANEOUS 

Section  1.  The  general  assembly  shall  pass  liberal  homestead  and 
exemption  laws. 

Sec.  2.  The  general  assembly  shall  have  no  poAver  to  authorize 
lotteries  or  gift  enterprises  for'  any  purpose,  and  shall  pass  laws  to 
prohibit  the  sale  of  lottery  or  gift-enterprise  tickets  in  this  State. 


508  Colorado- 1876 

Sec.  3.  It  shall  be  the  duty  of  the  general  assembly  to  pass  siich 
laws  as  may  be  necessary  and  proper  to  decide  differences  by  arbi- 
trators, to  be  appointed  by  mutual  agreement  of  the  parties  to  any 
controversy,  who  may  choose  that  niode  of  adjustment.  The  powers 
and  duties  of  such  arbitrators  shall  be  as  prescril)ed  by  law. 

Sec.  4.  The  term  felony,  wherever  it  may  occur  in  this  constitu- 
tion or  the  laws  of  the  State,  shall  Im'  construed  to  mean  any  criminal 
offence  punishable  by  death  o^  imprisonment  in  the  penitentiary,  and 
none  other. 

Sec.  5.  The  general  asstMubly  shall  prohibit  by  law  the  importa- 
tion into  the  State,  for  the  purpose  of  sale,  of  any  spurious,  poison- 
ous, or  drugged  spirituous  liquors,  or  spirituous  liquors  adulterated 
with  any  poisonous  or  deleterious  substance,  mixture,  or  compound; 
and  shall  proliibit  the  compounding  or  manufacture  within  this  State, 
except  for  chemical  or  mechanical  purposes,  of  any  of  said  liquors, 
whether  they  Iw  denominated  spirituous,  vinous,  malt,  or  otherwise; 
and  shall  also  prohibit  the  sale  of  any  such  liquors  to  be  used  as  a 
beverage;  and  any  violation  of  either  of  said  prohibitions  shall  be 
punished  by  fine  and  imprisonment.  The  general  assembly  shall 
provide  by  law  for  the  condemnation  and  destruction  of  all  spurious, 
poisonous,  or  drugged  liquors  herein  j)rohibited. 

Sec.  6.  The  general  assembly  shall  enact  laws  in  order  to  jjrevent 
the  destruction  of,  and  to  keep  in  good  preservation,  the  forests  upon 
the  lands  of  the  State,  or  upon  lands  of  the  public  domain,  the  con- 
trol of  which  shall  be  conferred  by  Congress  upon  the  State. 

Sec.  7.  The  general  assembly  may  provide  that  the  increase  in  the 
value  of  private  lands,  caused  by  the  planting  of  hedges,  orchards, 
and  forests  thereon,  shall  not,  for  a  limited  time,  to  be  fixed  by  law, 
be  taken  into  account  in  assessing  such  lands  for  taxation. 

Sec.  8.  The  general  assembly  shall  provide  for  the  publication  of 
the  laws  passed  at  each  session  thereof;  and,  until  the  year  1900,  they 
shall  cause  to  be  published  in  Spanish  and  German  a  sufficient  num- 
ber of  copies  of  said  laAvs  to  supply  that  portion  of  the  inhabitants 
of  the  State  who  speak  those  languages,  and  who  may  be  unable  to 
read  and  understand  the  English  language. 

Article  XIX 

FUTURE    amendments 

Section  1.  The  general  assembly  may,  at  any  time,  by  a  vote  of 
two-thirds  of  the  members  elected  to  each  house,  recommend  to  the 
electors  of  the  State  to  vote  at  the  next  general  election  for  or  against 
a  convention  to  revise,  alter,  and  amend  this  constitution;  and  if  a 
'najority  of  those  voting  on  the  question  shall  declare  in  favor  of 
such  convention,  the  general  assembly  shall,  at  its  next  session,  pro- 
vide for  the  calling  thereof.  The  number  of  members  of  the  conven- 
tion shall  be  twice  that  of  the  senate,  and  they  shall  be  elected  in 
the  same  manner,  at  the  same  places,  and  in  the  same  districts. 
The  general  assembly  shall,  in  the  act  calling  the  convention,  desig- 
nate the  dav,  hour,  and  place  of  its  meeting;  fix  the  pay  of  its  mem- 
bers and  officei's,  and  provide  for  the  payment  of  the  same,  together 
with  the  necessary  expenses  of  the  convention.  Before  proceeding 
the  members  shall  take  an  oath  to  support  the  Constitution  of  the 


Colorado— 1876  509 

United  States  and  of  the  State  of  Colorado,  and  to  faithfully  dis- 
charge their  duties  as  members  of  the  convention.  The  qualifica- 
tions of  members  shall  be  the  same  as  of  members  of  the  senate,  and 
vacancies  occurring  shall  be  filled  in  the  manner  provided  for  filling 
vacancies  in  the  general  assembly.  Said  convention  shall  meet 
within  three  months  after  such  election,  and  prepare  such  revisions, 
alterations,  or  amendments  to  the  constitution  as  may  be  deemed 
necessary,  which  shall  be  submitted  to  electors  for  their  ratification  or 
rejection  at  an  election  appointed  by  the  convention  for  that  purpose, 
not  less  than  two  nor  more  than  six  months  after  the  adjournment 
thereof;  and  unless  so  submitted  and  approved  by  a  majority  of  the 
electors  voting  at  the  election,  no  such  revision,  alteration,  or 
amendment  shall  take  effect. 

Sec.  2.  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  m  either  house  of  the  general  assembly,  and  if  the  same 
shall  be  voted  for  by  two-thirds  of  all  the  members  elected  to  each 
house,  such  proposed  amendments,  together  with  the  ayes  and  noes 
of  each  house  thereon,  shall  be  entered  in  full  on  their  respective 
journals;  and  the  secretary  of  state  shall  cause  the  said  amendment 
or  amendments  to  be  published  in  full  in  at  least  one  newspaper  in 
each  county,  (if  such  there  be,)  for  three  months  previous  to  the 
next  general  election  for  members  to  the  general  assembly;  and  at 
said  election  the  said  amendment  or  amendments  shall  be  submitted 
to  the  qualified  electors  of  the  State  for  their  approval  or  rejection, 
and  such  as  are  approved  by  a  majority  of  those  voting  thereon 
shall  become  part  of  this  constitution ;  but  the  general  assembly  shall 
have  no  power  to  propose  amendments  to  more  than  one  article  of  this 
constitution  at  the  same  session. 

Schedule 

That  no  inconvenience  may  arise  by  reason  of  the  change  in  the 
form  of  government,  it  is  hereby  ordained  and  declared : 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this  constitu- 
tion shall,  so  far  as  not  inconsistent  therewith,  remain  of  the  same 
force  as  if  this  constitution  had  not  been  adopted  until  they  expire 
by  their  own  limitation,  or  are  altered  or  repealed  by  the  general 
assembly;  and  all  rights,  actions,  prosecutions,  claims,  and  contracts 
of  the  Territory  of  Colorado,  counties,  individuals,  or  bodies-corpor- 
ate, (not  inconsistent  therewith,)  shall  continue  as  if  the  form  of  gov- 
ernment had  not  been  changed  and  this  constitution  adopted. 

Sec.  2.  That  all  recognizances,  obligations,  and  all  others  instru- 
ments entered  into  or  executed  before  the  admission  of  the  State  to 
the  Territory  of  Colorado,  or  to  any  county,  school-district,  or  other 
municipality  therein,  or  any  officer  thereof,  and  all  fines,  taxes, 
penalties,  and  forfeitures  due  or  owing  to  the  Territory  of  Colorado, 
or  any  such  county,  school-district,  or  municipality,  or  officer,  and 
all  writs,  prosecutions,  actions,  and  causes  of  action,  except  as  herein 
otherwise  provided,  shall  continue  and  remain  unaffected  by  the 
change  of  the  form  of  government.  All  indictments  which  shall  have 
been  found,  or  may  hereafter  be  found,  and  all  informations  which 
shall  have  been  filed,  or  may  hereafter  be  filed,  for  any  crime  or 
offence  committed  before  this  constitution  takes  effect,  may  be  pro- 
ceeded upon  as  if  no  change  had  taken  place,  except  as  otherwise 
provided  in  the  constitution. 

7251— VOL  1—07 35  f 


510  Colorado— 1876 

Sec.  3.  That  all  property,  real  and  personal,  and  all  moneys, 
credits,  claims,  and  choses  m  action  belonging  to  the  Territory  of 
Colorado  at  the  adoption  of  this  constitution  shall  be  vested  in  and 
, become  the  property  of  the  State  of  Colorado. 

,     Sec.  4.  The  general  assembly  shall  pass  all  necessary  laws  to  carry 
into  effect  the  provisions  of  the  constitution. 

Sec.  5.  Whenever  any  two  of  the  judges  of  the  supreme  court  of 
the  State,  elected  or  appointed  under  the  provisions  of  this  con- 
stitution, shall  have  qualified  in  their  office,  the  causes  theretofore 
I>ending  in  the  supreme  court  of  the  Territory,  and  the  pai:>ers, 
records,  and  proceedings  of  said  court,  and  the  seal  and  other  prop- 
erty pertaining  thereto,  shall  pass  into  the  jurisdiction  and  possession 
of  the  supreme  court  of  the  State;  and,  until  so  superseded,  the 
supreme  court  of  the  Territory,  and  the  judges  thereof,  shall  continue 
with  like  powers  and  jurisdiction  as  if  this  constitution  had  not  been 
adopted.  Whenever  the  judge  of  the  district  court  of  any  district, 
elected  or  appointed  under  the  provisions  of  this  constitution,  shall 
have  qualified  in  his  office,  the  several  causes  theretofore  pending  in 
the  district  court  of  the  Territory,  within  any  county  in  such  district, 
and  the  records,  papers,  and  proceedings  of  said  district  court,  and 
the  seal  and  other  property  pertaining  thereto,  shall  pass  into  the 
jurisdiction  and  possession  of  the  district  court  of  the  State  for  such 
county,  and  until  the  district  courts  of  the  Territory  shall  be  super- 
seded in  manner  aforesaid,  the  said  district  courts  and  the  judges 
thereof  shall  continue  with  the  same  jurisdiction  and  powers  to  be 
exercised  in  the  same  judicial  districts  respectively  as  heretofore  con- 
stituted under  the  laws  of  the  Territory. 

Sec.  6.  The  terms  of  office  of  the  several  judges  of  the  supreme 
and  district  courts  and  the  district  attorneys  of  the  several  judicial 
districts  first  elected  under  this  constitution  shall  commence  from  the 
day  of  filing  their  respective  oaths  of  office  in  the  office  of  the  secre- 
tary of  state. 

Sec.  7.  Until  otherwise  provided  by  law,  the  seals  now  in  use  in  the 
supreme  and  district  courts  of  this  Territory  are  hereby  declared  to  be 
the  seals  of  the  supreme  and  district  courts  respectively  of  the  State. 

Sec.  8.  "VMienever  this  constitution  shall  go  into  effect,  the  books, 
records,  papers,  and  proceedings  of  the  probate  court  in  each  county, 
and  all  causes  and  matters  of  administration  pending  therein,  shall 
pass  into  the  jurisdiction  and  possession  of  the  county  court  of  the 
same  county,  and  the  said  county  court  shall  proceed  to  final  decree 
or  judgment,  order,  or  other  determination,  in  the  said  several  matters 
and  causes  as  the  said  probate  court  might  have  done  if  this  constitu- 
tion had  not  been  adopted.  And  until  the  election  of  the  county 
judges  provided  for  in  this  constitution,  the  probate  judges  shall  act 
as  judges  of  the  county  courts  within  their  respective  counties,  and  the 
seal  of  the  probate  court  in  each  county  shall  be  the  seal  of  the  county 
court  therein  until  the  said  court  shall  have  procured  a  proper  seal. 

Sec.  9.  The  terms  "  probate  court "  or  "  probate  judge,"  whenever 
occurring  in  the  statutes  of  Colorado  Territory,  shall,  after  the  adop- 
tion of  this  constitution,  be  held  to  applv  to  the  county  court  or  county 
judge;  and  all  laws  specially  applicable  to  the  probate  court  in  any 
county  shall  be  construed  to  apply  to  and  be  in  lorce  as  to  the  county 
court  in  the  same  county  until  repealed. 

Sec.  10.  All  county  and  precinct  officers  who  may  be  in  office  at  the 


Colorado— 1876  511 

time  of  the  adoption  of  this  constitution  shall  hold  their  respective 
offices  for  the  full  time  for  which  they  may  have  been  elected,  and 
until  such  time  as  their  successors  may  be  elected  and  qualified,  in 
accordance  with  the  provisions  of  this  constitution,  and  the  official 
bonds  of  all  such  officers  shall  continue  in  full  force  and  effect  as 
though  this  constitution  had  not  been  adopted. 

Sec.  11.  All  county  offices  that  may  become  vacant  during  the  year 
one  thousand  eight  hundred  and  seventy-six,  by  the  expiration  of  the 
term  of  the  persons  elected  to  said  offices,  shall  be  filled  at  the  general 
election  on  the  first  Tuesday  in  October,  in  the  year  one  thousand 
eight  hundred  and  seventy-six,  and,  except  county  commissioners,  the 
persons  so  elected  shall  hold  their  respective  offices  for  the  term  of  one 
year. 

Sec.  12.  The  provisions  of  this  constitution  shall  oe  in  force  from 
the  day  on  which  the  President  of  the  United  States  shall  issue  his 
proclamation  declaring  the  State  of  Colorado  admitted  into  the 
Union;  and  the  governor,  secretary,  treasurer,  auditor,  and  superin- 
tendent of  public  instruction  of  the  Territory  of  Colorado  shall  con- 
tinue to  discharge  the  duties  of  their  respective  offices  after  the  admis- 
sion of  the  State  into  the  Union  until  the  qualification  of  the  officers 
elected  or  appointed  under  the  State  government ;  and  said  officers,  for 
the  time  they  may  serve,  shall  receive  the  same  compensation  as  the 
State  officers  shall  by  law  be  paid  for  like  services. 

Sec.  13.  In  case  of  a  contest  of  election  between  candidates,  at 
the  first  general  election  under  this  constitution,  for  judges  of  the 
supreme,  district,  or  county  courts,  or  district  attorneys,  the  evidence 
shall  be  taken  in  the  manner  prescribed  by  territorial  law ;  and  the 
testimony  so  taken  shall  be  certified  to  the  secretary  of  state,  and  said 
officer,  together  with  the  governor  and  attorney-general,  shall  review 
the  testimony  and  determine  who  is  entitled  to  the  certificate  of 
election. 

Sec.  14.  The  votes  at  the  first  general  election  under  this  constitu- 
tion for  the  several  offices  provided  for  in  this  constitution  who  are  to. 
be  elected  at  the  first  election  shall  be  canvassed  in  the  manner  pre- 
scribed by  the  territorial  law  for  canvassing  votes  for  like  officers. 
The  votes  cast  for  the  judges  of  the  supreme  and  district  courts  and 
district  attorneys  shall  be  canvassed  by  the  county  canvassing-board 
in  the  manner  prescribed  by  the  territorial  law  for  canvassing  the 
votes  for  members  of  the  general  assembly ;  and  the  county  clerk  shall 
transmit  the  abstract  of  votes  to  the  secretary  of  the  Territory,  acting 
as  secretary  of  state,  under  the  same  regulations  as  are  prescribed  by 
law  for  sending  the  abstracts  of  votes  for  territorial  officers;  and  the 
aforesaid  acting  secretary  of  state,  auditor,  treasurer,  or  any  two  of 
them,  in  the  presence  of  the  governor,  shall  proceed  to  canvass  the 
votes,  imder  the  regulations  of  sections  thirty-five  and  thirty-six  of 
chapter  twenty-eight  of  the  revised  statutes  of  Colorado  Territory. 

Sec.  15.  Senators  and  members  of  the  house  of  representatives 
shall  be  chosen  by  the  qualified  electors  of  the  several  senatorial  and 
representative  districts,  as  established  in  this  constitution,  until  such 
districts  shall  be  changed  by  law,  and  thereafter  by  the  qualified 
electors  of  the  several  districts  as  the  same  shall  be  established 
by  law. 

Sec.  16.  The  votes  cast  for  Representatives  in  Congress  at  the 
first  election  held  under  this  constitution  shall  be  canvassed  and  the 


512  Colorado— 1876 

result  determined  in  the  manner  provided  by  the  laws  of  the  Tem- 
tory  for  the  canvass  of  votes  for  Delegate  in  Congress. 

Sec.  17.  The  provision  of  the  constitution  that  no  bill,  except  the 
general  appropriation  bill,  introduced  in  either  house  after  the  fii*st 
twenty-five  days  of  the  session,  shall  become  a  law,  shall  not  apply 
to  the  first  session  of  the  general  assembly;  but  no  bill,  introduced 
in  either  house  at  the  first  session  of  the  general  assembly  after  the 
first  fifty  days  thereof,  shall  Ix'come  a  law. 

Sec.  18.  A  copy  of  the  abstracts  of  the  votes  cast  at  the  first  gen- 
eral election  held  under  this  constitution  shall,  by  the  county  clerks 
of  the  several  counties,  be  returned  to  the  secretary  of  the  Territory 
innnediatelv  after  the  canvass  of  said  votes  in  their  stn'eral  coun- 
ties; and  the  secretary,  auditor,  and  treasurer  of  the  Territory,  or 
any  two  of  them,  shall,  on  the  twenty-fifth  day  after  the  election, 
meet  at  the  seat  of  government  and  proceed  to  canvass  the  votes 
cast  for  members  of  the  general  assemoly.  and  determine  the  result 
thereof. 

Sec.  19.  The  general  assembly  shall,  at  their  first  session,  immedi- 
ately after  the  organization  of  the  two  houses,  and  after  the  canvass 
of  the  votes  for  tlie  officers  of  the  executive  department,  and  before 
proceeding  to  other  business,  provide,  by  act  or  joint  resolution,  for 
the  appointment  by  said  general  assembly  of  electors  in  the  electoral 
college;  and  such  joint  resolution,  or  the  bill  for  such  enactment, 
may  be  passed  without  being  printed,  or  referred  to  any  committee, 
or  read  on  more  than  one  day  in  either  house,  and  shail  take  effect 
immediately  after  the  concurrence  of  the  two  houses  therein;  and 
the  approval  of  the  governor  thereto  shall  not  be  necessary. 

Sec.  20.  The  general  assembly  shall  provide  that  after  the  year 
one  thousand  eight  hundred  and  seventy-six  the  electors  of  the 
electoral  college  sliall  be  chosen  by  direct  vote  of  the  people. 

Sec.  21.  The  general  assembly  shall  have  power,  at  their  first  ses- 
sion, to  provide  for  the  payment  of  the  expenses  of  this  convention, 
if  any  there  be  then  remaining  unpaid. 

Sec.  22.  All  recognizances,  bail-bonds,  official  bonds,  and  other 
obligations  or  undertakings  which  have  been,  or  at  any  time  before 
the  admission  of  the  State  shall  be,  made  or  entered  into  and  expressed 
to  be  payable  to  the  j)eople  of  the  Territory  of  Colorado,  shall  con- 
tinue in  full  force,  notwithstanding  the  change  in  the  form  of  gov- 
ernment ;  and  any  breach  thereof,  whenever  occurring,  may,  after 
the  admission  of  the  State,  be  prosecuted  in  the  name  of  the  people 
of  the  State. 

Done  in  convention,  at  the  city  of  Denver,  Colorado,  this  four- 
teenth day  of  March,  in  the  year  of  our  Ix)rd  one  thousand  eight 
hundred  and  seventy-six,  and  of  the  Indejieivdence  of  the  United 
States  the  one  hundredth. 

In  witness  whereof  we  have  hereunto  subscril)ed  our  names. 

J.  C.  AViLsox,  President. 

Attest : 

W.  W.  CorLsoN,  Secretary. 

Herbert  Stanley,  First  Assistant  Secretary. 

H.  A.  Terpen NiNG,  Second  Assistant  Secretary. 


Colorado— 1,902  513 

AMENDMENT— 1902 
Article  XX 

CITY   AND   COUNTY   OF   DENVER — INCORPORATION 

Section  1.  The  municipal  corporation  known  as  the  city  of  Den- 
ver, and  all  municipal  corporations  and  that  part  of  the  quasi- 
municipal  corporation  known  as  the  county  of  Arapahoe,  in  the 
state  of  Colorado,  included  within  the  exterior  boundaries  of  the  said 
city  of  Denver  as  the  same  shall  be  bounded  w^hen  this  amendment 
takes  effect,  are  hereby  consolidated  and  are  hereby  declared  to  be  a 
single  body  politic  and  corporate,  by  the  name  of  the  "  City  and 
County  of  Denver."  By  that  name  said  corporation  shall  have  per- 
petual succession,  and  shall  own,  possess  and  hold  all  property,  real 
and  personal,  theretofore  owned,  possessed  or  held  by  the  said  city  of 
Denver  and  by  such  included  municipal  corporations,  and  also  all 
property,  real  and  personal,  theretofore  owned,  possessed  or  held  by 
the  said  county  of  Arapahoe,  and  shall  assume,  manage  and  dispose 
of  all  trusts  in  any  way  connected  therewith ;  and  shall  succeed  to  all 
the  rights  and  liabilities,  and  shall  acquire  all  benefits,  and  shall 
assume  and  pay  all  bonds,  obligations  and  indebtedness  of  said  city 
of  Denver  and  of  said  included  municipal  corporations  and  of  the 
county  of  Arapahoe ;  b}^  that  name  may  sue  and  defend,  plead  and  be 
impleaded,  in  all  courts  and  places,  and  in  all  matters  and  proceed- 
ings ;  may  have  and  use  a  common  seal  and  alter  the  same  at  pleasure ; 
may  purchase,  receive,  hold  and  enjoy,  or  sell  and  dispose  of,  real  and 
personal  property;  may  receive  bequests,  gifts  and  donations  of  all 
kinds  of  property,  in  fee  simple,  or  in  trust  for  public,  charitable  or 
other  purposes ;  and  do  all  things  and  acts  necessary  to  carry  out  the 
purposes  of  such  gifts,  bequests  and  donations,  with  power  to  manage, 
sell,  lease  or  otherw'ise  dispose  of  the  same  in  accordance  Avith  the 
terms  of  the  gift,  bequest  or  trust;  shall  have  the  power,  within  or 
without  its  territorial  limits,  to  construct,  condemn  and  purchase, 
purchase,  acquire,  lease,  add  to,  maintain,  conduct  and  operate,  water 
works,  light  plants,  powder  plants,  transportation  systems,  heating 
plants,  and  any  other  public  utilities  or  works  or  ways,  local  in  use 
and  extent,  in  whole  or  in  part,  and  everything  required  therefor,  for 
the  use  of  said  city  and  county  and  the  inhabitants  thereof,  and  any 
such  systems,  plants  or  works  or  ways,  or  any  contracts  in  relation  or 
connection  with  either,  that  may  exist  and  which  said  city  and  county 
may  desire  to  purchase,  in  whole  or  in  part,  the  same  or  any  part 
thereof  may  be  purchased  by  said  city  and  county  which  may  enforce 
such  purchase  by  proceedings  at  law  as  in  taking  land  for  public  use 
by  right  of  eminent  domain,  and  shall  have  the  power  to  issue  bonds 
upon  the  vote  of  the  taxpaying  electors,  at  any  special  or  general  elec- 
tion, in  any  amount  necessary  to  carry  out  any  of  said  powers  or 
purposes,  as  may  by  the  charter  be  provided. 

The  general  annexation  and  consolidation  statutes  of  the  state  shall 
apply  to  the  City  and  County  of  Denver  to  the  same  extent  and  in 
the  same  manner  that  thej'^  would  apply  to  the  city  of  Denver  if  it 
were  not  merged,  as  in  this  amendment  provided,  into  the  city  and 
county  of  Denver.  Any  contiguous  town,  city  or  territory  hereafter 
annexed  to  or  consolidated  with  the  city  and  county  of  Denver,  under 


514  Colorado— 190^ 

any  of  the  laws  of  this  state,  in  whatsoever  county  the  same  may  be 
at  the  time,  sliall  l)e  detached  per  se  from  such  other  county  and 
become  a  municipal  and  territorial  part  of  the  city  and  county  of 
Denver,  together  with  all  property  thereunto  l)elonging. 

The  city  and  county  of  Denver  shall  alone  always  constitute  one 
judicial  district  of  the  state. 

OFFICERS 

Sec.  2.  The  officers  of  the  city  and  county  of  Denver  shall  be  such 
as  by  appointment  or  election  may  ha  provided  for  by  the  charter; 
and  the  jurisdiction,  term  of  office,  duties  and  qualihcations  of  all 
such  officers  shall  be  such  as  in  the  charter  may  be  provided;  but 
every  charter  shall  designate  the  officers  who  shall,  respectively, 
perform  the  acts  and  duties  required  of  county  officers  to  be  done  by 
ihe  constitution  or  by  the  general  law  as  far  as  applicable.  If  any 
officer  of  said  city  and  county  of  Denver  shall  receive  any  comi>ensa- 
tion  whatever,  he  or  she  shall  receive  the  same  as  a  stated  salary,  the 
amount  of  which  shall  be  fixed  bv  the  charter,  and  paid  out  of  the 
treasury  of  the  city  and  county  of  l)enver  in  equal  monthly  payments. 

TRANSFER   OF   OOVFJtNMENT 

Sec.  3.  Immediately  uj)on  the  canvass  of  the  vote  showing  the 
adoption  of  this  amendment,  it  shall  be  the  duty  of  the  governor  of 
the  state  to  issue  his  proclamation  accordingly,  and  thereupon  the 
city  of  Denver,  and  all  municipal  corporations  and  that  part  of  the 
county  of  Arapahoe  within  the  boundaries  of  said  city,  shall  merge 
into  the  city  and  county  of  Denver,  and  the  terms  of  office  of  all 
officers  of  the  City  of  Denver  and  of  all  included  municipalities  and  of 
the  county  of  Arapahoe  shall  terminate;  except,  that  the  then  mayor, 
auditor,  engineer,  council  (which  shall  perforin  the  duties  of  a  board 
of  county  commissioners),  police  magistrate,  chief  of  police  and 
boards,  of  the  city  of  Denver  shall  become,  respectively,  said  officers 
of  the  city  and  county  of  Denver,  and  said  engineer  shall  be  ex  officio 
surveyor  and  said  chief  of  police  shall  Ixi  ex  officio  sheriff  of  the  city 
and  county  of  Denver;  and  the  then  clerk  and  ex  officio  recorder, 
treasurer,  assessor  and  coroner  of  the  county  of  Arapahoe  and  the 

i'ustices  of  the  peace  and  constables  holding  office  within  the  city  of 
)enver,  shall  become,  respectively,  said  officers  of  the  city  and  county 
of  Denver,  and  the  district  attorney  shall  also  be  ex-officio  attorney 
of  the  city  and  county  of  Denver.  The  foregoing  officers  shall  hold 
the  said  offices  as  above  specified  only  until  their  successors  are  duly 
elected  and  qualified  as  herein  provided  for;  except  that  the  then 
district  judges,  county  judge  and  district  attorney  shall  serve  their 
full  terms,  respectively,  for  which  elected.  Xhe  police  and  firemen  of 
the  city  of  Denver,  except  the  chief  of  police  as  such,  shall  continue 
severally  as  the  police  and  firemen  of  the  city  and  county  of  Denver 
until  they  are  severally  discharged  under  such  civil  service  regula- 
tions as  shall  be  provided  by  tne  charter;  and  every  charter  shall 
provide  that  the  department  of  fire  and  police  and  the  department  of 
public  utilities  and  works  shall  be  under  such  civil  service  regulations 
as  in  said  charter  shall  be  provided. 


Colorado— 190^  515 

FIKST    CHARTER 

Sec.  4.  The  charter  and  ordinances  of  the  city  of  Denver,  as  the 
same  shall  exist  when  this  amendment  takes  effect,  shall,  for  the  time 
being  only,  and  as  far  as  applicable,  be  the  charter  and  ordinances 
of  the  city  and  county  of  Denver;  but  the  people  of  the  city  and 
county  of  Denver  are  hereby  vested  with,  and  they  shall  always  have 
the  exclusive  power  in  the  making,  altering,  revising  or  amending 
their  charter,  and,  within  ten  days  after  the  proclamation  of  the  gov- 
ernor announcing  the  adoption  of  this  amendment,  the  council  of  the 
city  and  county  of  Denver  shall,  by  ordinance,  call  a  special  election, 
to  be  conducted  as  provided  by  law,  of  the  qualified  electors  in  said 
city  and  county  of  Denver,  for  the  election  of  twenty-one  taxpayers, 
who  shall  have  been  qualified  electors  within  the  limits  thereof  for 
at  least  five  years,  who  shall  constitute  a  charter  convention,  to  frame 
a  charter  for  said  city  and  county  in  harmony  with  this  amendment. 
Immediately  upon  completion,  the  charter  so  framed,  with  a  prefa- 
tory synopsis,  shall  be  signed  by  the  officers  and  members  of  the  con- 
vention and  delivered  to  the  clerk  of  said  city  and  county,  who  shall 
publish  the  same  in  full,  with  his  official  certification,  in  the  official 
newspaper  of  said  city  and  county,  three  times,  and  a  week  apart,  the 
first  publication  being  with  the  call  for  a  special  election,  at  which 
the  qualified  electors  of  said  city  and  county  shall  by  vote  express 
their  approval  or  rejection  of  the  said  charter.  If  the  said  charter 
shall  be  approved  by  a  majority  of  those  voting  thereon,  then  two 
copies  thereof  (together  with  the  vote  for  and  against),  duly  certi- 
fied by  the  said  clerk,  shall,  within  ten  days  after  such  vote  is  taken, 
be  filed  with  the  secretary  of  state,  and  shall  thereupon  become  and 
be  the  charter  of  the  city  and  county  of  Denver.  But  if  the  said 
charter  be  rejected,  then,  within  thirty  days  thereafter,  twenty-one 
members  of  a  new  charter  convention  shall  be  elected  at  a  special 
election,  to  be  called  as  above  in  said  city  and  county,  and  they  shall 
proceed  as  above  to  frame  a  charter,  which  shall  in  like  manner  and 
to  the  like  end  be  published  and  submitted  to  a  vote  of  said  voters 
for  their  approval  or  rejection.  If  again  rejected,  the  procedure 
herein  designated  shall  be  repeated  (each  special  election  for  mem- 
bers of  a  new  charter  convention  being  within  thirty  days  after  each- 
rejection),  until  a  charter  is  finally  approved  by  a  majority  of  those 
voting  thereon,  and  certified  (together  with  the  vote  for  and  against) 
to  the  secretary  of  state  as  aforesaid,  whereupon  it  shall  become  the 
charter  of  the  said  city  and  county  of  Denver  and  shall  become  the 
organic  law  thereof,  and  supersede  any  existing  charters  and  amend- 
ments thereof.  The  members  of  each  of  said  charter  conventions 
shall  be  elected  at  large ;  and  they  shall  complete  their  labors  Avithin 
sixty  days  after  their  respective  election. 

Every  ordinance  for  a  special  election  of  charter  convention  mem- 
bers shall  fix  the  time  and  place  where  the  convention  shall  be  held, 
and  shall  specify  the  compensation,  if  any,  to  be  paid  the  officers  and 
members  thereof,  allowing  no  compensation  in  case  of  nonattendance 
or  tardy-attendance,  and  shall  fix  the  time  w^hen  the  vote  shall  be 
taken  on  the  proposed  charter,  to  be  not  less  than  thirty  days  nor 
more  than  sixty  days  after  its  delivery  to  the  clerk.  The  charter  shall 
make  proper  provision  for  continuing,  amending  or  repealing  the 
ordinances  of  the  city  and  county  of  Denver. 


516  Colorado— 1902 

All  expenses  of  charter  conventions  shall  be  paid  out  of  the  treas- 
ury upon  the  order  of  the  president  and  secretary  thereof.  The  ex- 
penses of  elections  for  charter  conventions  and  oi  charter  votes  shall 
be  paid  out  of  the  ti-easury,  upon  the  order  of  the  council. 

No  franchise,  relating  to  any  street,  alley  or  public  place  of  the 
said  city  and  county  shall  be  granted  except  upon  the  vote  of  the 
qualified  taxpaying  electors,  and  the  question  of  its  being  granted 
shall  be  submitted  to  such  vote  upon  deposit  with  the  treasurer  of 
the  expense  (to  be  determined  bv  said  treasurer)  of  such  submission 
by  the  applicant  for  said  franchise.  The  council  shall  have  power  to 
fix  the  rate  of  taxation  on  proj^erty  each  year  for  city  and  county 
purposes. 

NEW  CHARTERS,  AMENDMENTS  OF  MEASURES 

Sec  5.  The  citizens  of  the  city  and  county  of  Denver  shall  have 
the  exclusive  power  to  amend  their  charter  or  to  adopt  a  new  charter, 
or  to  adopt  any  measure  as  herein  provided : 

It  shall  be  competent  for  qualified  electors,  in  number  not  less  than 
five  per  cent,  of  the  next  preceding  gubernatorial  vote  in  said  city 
and  county,  to  petition  the  council  for  any  measure,  or  charter  amend- 
ment, or  for  a  charter  convention.  The  council  shall  submit  the  same 
to  a  vote  of  the  qualified  electors  at  the  next  general  election,  not 
held  within  thirt}'  days  after  such  petition  is  filed;  whenever  such 
petition  is  signed  by  qualified  electors  in  number  not  less  than  ten 
per  cent,  of  the  next  preceding  gubernatorial  vote  in  said  city  and 
county,  with  a  request  for  a  special  election,  the  council  shall  submit 
it  at  a  special  election,  to  be  held  not  less  than  thirty  nor  more  than 
sixty  days  from  the  date  of  filing  the  petition ;  Provided,  That  any 
question  so  submitted  at  a  sj^ecial  election  shall  not  again  he  sub- 
mitted at  a  special  election  within  two  years  thereafter.  In  submit- 
ting any  such  charter,  charter  amendment  or  measure,  any  alternative 
article  or  proposition  may  be  presented  for  the  choice  of  the  voters, 
and  may  be  voted  on  separately  without  prejudice  to  others.  When- 
ever the  question  of  a  charter  convention  is  carried  by  a  majority  of 
those  voting  thereon,  a  charter  convention  shall  be  called  through  a 
special  election  ordinance,  as  provided  in  section  four  (4)  hereof, 
and  the  same  shall  l)e  constituted  and  held  and  the  })roposed  charter 
submitted  to  a  vote  of  the  qualified  electors,  approved  or  rejected, 
and  all  expenses  paid,  as  in  said  section  provided. 

The  clerk  of  the  city  and  county  shall  publish,  with  his  official  cer- 
tification, for  three  times,  a  Aveek  apart,  in  the  official  newspaper,  the 
first  publication  to  Ije  with  his  call  for  the  election,  general  or  special, 
the  full  text  of  any  charter,  charter  amendment,  measure  or  proposal 
for  a  charter  convention,  or  alternative  article  or  proposition,  which 
is  to  be  submitted  to  the  voters.  Within  ten  days  following  the  vote 
the  said  clerk  shall  publish  once  in  said  newspaper  the  full  text  of 
any  charter,  charter  amendment,  measure,  or  proposal  for  a  charter 
convention,  or  alternative  article  or  proposition,  which  shall  have 
been  approved  by  a  majority  of  those  voting  thereon,  and  he  shall 
file  with  the  secretary  of  state  two  copies  thereof  (with  the  vote  for 
and  against)  officially  certified  by  him,  and  the  same  shall  go  into 
effect  from  the  date  of  such  filing.  He  shall  also  certify  to  me  sec- 
retary of  state,  with  the  vote  for  and  against,  two  copies  of  every  de- 
feated alternative  article  or  proposition,  charter,  charter  amendment. 


Colorado— 1902  517 

measure  or  proposal  for  a  charter  convention.  Each  charter  shall 
also  provide  for  a  reference,  upon  proper  petition  therefor,  of  meas- 
ures passed  by  the  council  to  a  vote  of  the  qualified  electors,  and  for 
the  initiative  by  the  qualified  electors  of  such  ordinances  as  they  may 
by  petition  request. 

The  signatures  to  petitions  in  this  amendment  mentioned  need  not 
all  be  on  one  paper.  Nothing  herein  or  elsewhere  shall  prevent  the 
council,  if  it  sees  fit,  from  adopting  automatic  vote  registers  for  use 
at  elections  and  references. 

No  charter,  charter  amendment  or  measure  adopted  or  defeated 
under  the  provisions  of  this  amendment  shall  be  amended,  repealed, 
or  revived,  except  by  petition  and  electoral  vote.  And  no  such  char- 
ter, charter  amendment  or  measure  shall  diminish  the  tax  rate  for 
state  purposes  fixed  by  act  of  the  general  assembly,  or  interfere  in  any 
wise  with  the  collection  of  state  taxes. 

CITIES  OF  THE  FIRST  AND  SECOND  CLASS 

Sec.  6.  Cities  of  the  first  and  second  class  in  this  state  are  hereby 
empowered  to  propose  for  submission  to  a  vote  of  the  qualified  elect- 
ors, proposals  for  charter  conventions  and  to  hold  the  same,  and  to 
amend  any  such  charter,  wdth  the  same  force  and  in  the  same  man- 
ner and  have  the  same  power,  as  near  as  may  be,  as  set  out  in  sections 
four  (4)  and  five  (5)  hereof,  with  full  power  as  to  real  and  personal 
property  and  public  utilities,  works  or  ways,  as  set  out  in  section  one 
(1)  of  this  amendment. 

SCHOOL  DISTRICTS  CONSOLIDATED 

Sec.  7.  The  city  and  county  of  Denver  shall  alone  always  constitute 
one  school  district,  to  be  known  as  District  No.  1,  but  its  conduct, 
affairs  and  business  shall  be  in  the  hands  of  a  board  of  education, 
consisting  of  such  numbers,  elected  in  such  manner  as  the  general 
school  laws  of  the  state  shall  provide,  and  until  the  first  election  under 
said  laws  of  a  full  board  of  education,  which  shall  be  had  at  the  first 
election  held  after  the  adoption  of  this  amendment,  all  the  directors 
of  school  district  No.  1  and  the  respective  presidents  of  the  school 
boards  of  school  districts  Nos.  2,  7,  1  ^  and  21  at  the  time  this  amend- 
ment takes  effect,  shall  act  as  such  board  of  education,  and  all  dis- 
tricts or  special  charters  now  existing  are  hereby  abolished. 

The  said  board  of  education  shall  perform  all  the  acts  and  duties 
required  to  be  performed  for  said  district  by  the  general  laws  of  the 
state.  Except  as  inconsistent  with  this  amendment,  the  general 
school  laws  of  the  state  sliall,  unless  the  context  evinces  a  contrary 
intent,  be  held  to  extend  and  apply  to  the  said  "  District  No.  1." 

Upon  the  annexation  of  any  contiguous  municipality  which  shall 
include  a  school  district  or  districts,  or  any  part  of  a  district,  said 
school  district  or  districts  or  part  shall  be  merged  in  said  "  District 
No.  1,"  which  shall  then  own  all  the  property  thereof,  real  and  per- 
sonal, located  within  the  boundaries  of  such  annexed  municipality, 
and  shall  assume  and  pay  all  the  bonds,  obligations  and  indebtedness 
of  each  of  the  said  included  school  districts,  and  a  proper  proportion 
of  those  partially  included  districts. 


518  Colorado— 1902 

Provided,  however,  That  the  indebtedness,  both  principal  and  in- 
terest, which  any  school  district  may  be  under  at  the  time  when  it 
becomes  a  part,  oy  this  amendment  or  by  annexation,  of  said  "  Dis- 
trict No.  1,  shall  be  paid  by  said  school  district  so  owing  the  same 
by  a  special  tax,  to  l^  fixed  and  certified  by  the  board  of  education 
to  the  council,  which  shall  levy  the  same  upon  the  property  within 
the  boundaries  of  such  district,  respectively,  as  the  same  existed  at 
the  time  such  district  becomes  a  part  of  said  "  District  No.  1,"  and  in 
case  of  partially  included  districts,  such  tax  shall  be  equitably  appor- 
tioned upon  the  several  parts  thereof. 

Sec.  8.  Anything  in  the  constitution  of  this  state  in  conflict  or  in- 
consistent with  the  provisions  of  this  amendment  is  hereby  declared 
to  be  inapplicable  to  the  matters  and  things  by  this  amendment  cov- 
ered and  provided  for. 


CONNECTICTTT- 

For  organic  acts  relating  to  the  land  now  included  within  Oonnectiout,  see  in 
other  parts  of  this  work : 

Virginia  Charter  of  IGOG  (Virginia,  p.  3783). 

Council  for  New  England,  1620  (Massachusetts,  p.  1827). 

Commission  to  Andros,  1688  (Massachusetts,  p.  1863). 

FUNDAMENTAL  ORDERS  OF  CONNECTICUT— 1638-39  *  » 

Forasmuch  as  it  hath  pleased  the  Allmighty  God  by  the  wise  dis- 
position of  his  diuyne  p^'uidence  so  to  Order  and  dispose  of  things 
that  we  the  Inhabitants  and  Residents  of  Windsor,  Harteford  and 
Wethersfield  are  now  cohabiting  and  dwelling  in  and  vppon  the  River 
of  Conectecotte  and  the  Lands  thereunto  adioyneing;  And  well 
knowing  where  a  people  are  gathered  togather  the  word  of  God 
requires  that  to  mayntayne  the  peace  and  vnion  of  such  a  people 
there  should  be  an  orderly  and  decent  Gouerment  established  ac- 
cording to  God,  to  order  and  dispose  of  the  affayres  of  the  people 
at  all  seasons  as  occation  shall  require;  doe  therefore  assotiate  and 
conioyne  our  selues  to  be  as  one  Publike  State  or  Coihonwelth ;  and 
doe,  for  our  selues  and  our  Successors  and  such  as  shall  be  adioyned 
to  vs  att  any  tyme  hereafter,  enter  into  Combination  and  Confedera- 
tion togather,  to  mayntayne  and  p'^searue  the  liberty  and  purity  of 
the  gospell  of  our.  Lord  Jesus  w'^''  we  now  p'"fesse,  as  also  the  dis- 
ciplyne  of  the  Churches,  w^"^  according  to  the  truth  of  the  said  gospell 
is  now  practised  amongst  vs;  As  also  in  o*"  Ciuell  Affaires  to  be 
guided  and  gouerned  according  to  such  Lawes,  Rules,  Orders  and 
decrees  as  shall  l)e  made,  ordered  &  decreed,  as  f olloweth : — 

1.  It  is  Ordered,  sentenced  and  decreed,  that  there  shall  be.  yerely 
two  generall  Assemblies  or  Courts,  the  on  the  second  thursday  in 
Aprill,  the  other  the  second  thursday  in  September,  following;  the 
first  shall  be  called  the  Courte  of  Election,  wherein  shall  be  yerely 
Chosen  fr5  tyme  to  tvme  soe  many  Magestrats  and  other  publike 
Officers  as  shall  be  found  requisitte:  Whereof  one  to  be  chosen 
Gouernour  for  the  yeare  ensueing  and  vntill  another  be  chosen,  and 
noe  other  Magestrate  to  be  chosen  for  more  then  one  yeare;  p'^uided 

*  Hazard's  State  Papers,  I,  437-441. 

o  A  provisional  government  was  instituted,  under  a  commission  from  the 
General  Court  of  Massachusetts  (March  3,  1635)  to  eight  of  the  persons  who 
"  had  resolved  to  transplant  themselves  and  their  estates  unto  the  River  of  Con- 
necticut," "  that  commission  taking  rise  from  the  desire  of  the  people  that 
removed,  who  judged  it  inconvenient  to  go  away  without  any  frame  of  gov- 
ernment.— not  from  any  claim  of  the  Massachusetts  of  jurisdiction  over  them  by 
virtue  of  Patent." 

6  Springfield  withdrew  In  1637  from  the  association,  and  the  remaining 
towns — Windsor,  Hartford  and  Wethersfield, — formed  this  voluntary  compact  or 
constitution  on  the  14th  of  January,  1638-'39. 

619 


520  Connecticut— 1638-89 

allwayes  there  be  sixe  chosen  besids  the  Goueniour ;  w-^  being  chosen 
and  sworne  according  to  an  Oath  recorded  for  that  purpose  shall 
haue  power  to  administer  iustice  according  to  the  Lawes  here  estab- 
lished, and  for  Avant  thereof  according  to  the  rule  of  the  word  of 
God ;  w'^^  choise  shall  be  made  bv  all  that  are  admitted  freemen  and 
haue  taken  the  Oath  of  Fidellity,  and  doe  cohabitte  w"'in  this  Juris- 
diction, (hauing  beene  admitted  Inhabitants  by  the  maior  i/t  of  the 
Towne  wherein  they  line,")  or  the  mayor  p'te  of  such  as  shall  be  then 
p^sent. 

2.  It  is  Ordered,  sentensed  and  decreed,  that  the  Election  of  the 
aforesaid  Magestrats  shall  be  on  this  manner:  euerv  p'"son  p'^sent  and 
quallified  for  ohoyse  shall  bring  in  (to  the  p''sons  deputed  to  receaue 
the)  one  single  pap""  w'*"  the  name  of  him  written  in  yt  whom  he 
desires  to  haue  (louernour,  and  he  that  hath  the  greatest  nfiber  of 
papers  shall  be  (louernor  for  that  yeare.  And  the  rest  of  the  Mages- 
trats or  publike  Officers  to  be  chosen  in  this  manner:  The  Secretary 
for  the  tyme  being  shall  first  read  the  names  of  all  that  are  to  be  put  to 
choise  and  then  shall  seuerally  nominate  them  distinctly,  and  euery  one 
that  would  haue  the  p'"son  nominated  to  be  chosen  shall  bring  in  one 
single  paper  written  vppon,  and  he  that  would  not  haue  him  chosen 
shall  bring  in  a  blanke:  and  euery  one  that  hath  more  written 
papers  than  blanks  shall  be  a  Magistrat  for  that  yeare;  w"^  papers 
shall  be  receaued  and  told  by  one  or  more  that  shall  be  then  chosen 
by  the  court  and  sworne  to  be  f aythf ull  therein ;  but  in  case  there 
should  not  be  sixe  chosen  as  aforesaid,  besids  the  Gouernor,  out  of 
those  w""**  are  nominated,  then  he  or  they  w"^**  haue  the  most  written 
pap's  shall  be  a  Magestrate  or  Magestrats  for  the  ensueing  yeare,  to 
make  vp  the  aforesaid  nuber. 

3.  It  is  Ordered,  sentenced  and  decreed,  that  the  Secretary  shall  not 
nominate  any  p'"son,  nor  shall  any  p'"son  be  chosen  newly  into  the 
Magestracy  yv"^  was  not  p'jpownded  in  some  Generall  Courte  l)efore, 
to  be  nominated  the  next  Election ;  and  to  that  end  yt  shall  be  lawfull 
for  ech  of  the  Townes  aforesaid  by  their  deputyes  to  nominate  any 
two  who  they  conceaue  fitte  to  be  put  to  election ;  and  the  Courte  may 
ad  so  many  more  as  they  iudge  requisitt. 

4.  It  is  Ordered,  sentenced  and  decreed  that  noe  p^son  be  chosen 
Gouernor  aboue  once  in  two  yeares,  and  that  the  Gouernor  be  always 
a  meber  of  some  approved  congregation,  and  formerly  of  the  Mages- 
tracy w^'in  this  Jurisdiction ;  and  all  the  Magestrats  Freemen  of  this 
Cofhonwelth :  and  that  no  Magestrate  or  other  publike  officer  shall 
execute  any  p'"te  of  his  or  their  Office  Ijefore  they  are  seuerally  sworne, 
W''  shall  be  done  in  the  face  of  the  Courte  if  they  be  p'sent,  and  in 
case  of  absence  by  some  deputed  for  that  purpose. 

5.  It  is  Ordered,  sentenced  and  decreed,  that  to  the  aforesaid 
Courte  of  Election  the  seirall  Townes  shall  send  their  deputj'es,  and 
Avhen  the  Pjlections  are  ended  they  may  p'"ceed  in  any  publike  searuice 
as  at  other  Courts.  Also  the  other  Generall  Courte  in  September 
shall  be  for  makeing  of  lawes,  and  any  other  publike  occation,  w'^ 
conserns  the  good  of  the  Coiiionwelth. 

C.  It  is  Ordered,  sentenced  and  decreed,  that  the  Gou''nor  shall, 
ether  by  himselfe  or  by  the  secretary,  send  out  sumons  to  the  Consta- 

oThis  clause  has  been  interlined  in  a  dififereut  handwriting,  and  at  a  more 
recent  i>eri(Kl. 


Connecticut— 1638-29  521 

bles  of  eir  Towne  for  the  cauleing  of  these  two  standing  Courts,  on 
month  at  lest  before  their  seu'"all  tymes :  And  also  if  the  Gou'nor  and 
the  gretest  p'^te  of  the  Magestrats  see  cause  vppon  any  spetiall  occa- 
tion  to  call  a  generall  Courte,  they  may  giue  order  to  the  secretary  soe 
to  doe  w'^'in  fowerteene  dayes  warneing;  and  if  vrgent  necessity  so 
require,  vppon  a  shorter  notice,  glueing  sufficient  grownds  for  yt  to 
the  deputyes  when  they  meete,  or  els  be  questioned  for  the  same ;  And 
if  the  Gou'"nor  and  Mayor  p''te  of  Magestrats  shall  ether  neglect  or 
refuse  to  call  the  two  Generall  standing  Courts  or  ether  of  the,  as  also 
at  other  tymes  Avhen  the  occations  of  the  Coinonwelth  require,  the 
Freemen  thereof,  or  the  Mayor  p''te  of  them,  shall  petition  to  them  soe 
to  doe :  if  then  yt  be  ether  denyed  or  neglected  the  said  Freemen  or 
the  Mayor  p''te  of  them  shall  haue  power  to  giue  order  to  the  Consta- 
bles of  the  seuerall  Townes  to  doe  the  same,  and  so  may  meete  to- 
gather,  and  chuse  to  themselues  a  Moderator,  and  may  p'^ceed  to  do 
any  Acte  of  power,  W^**  any  other  Generall  Courte  may. 

7.  It  is  Ordered,  sentenced  and  decreed  that  after  there  are  warrants 
giuen  out  for  any  of  the  said  Generall  Courts,  the  Constable  or  Con- 
stables of  ech  Towne  shall  forthw^''  give  notice  distinctly  to  the  in- 
habitants of  the  same,  in  some  Publike  Assembly  or  by  goeing  or 
sending  fro  howse  to  howse,  that  at  a  place  and  tyme  by  him  or  them 
lymited  and  sett,  they  meet  and  assemble  the  selues  togather  to  elect 
and  chuse  certen  deputyes  to  be  att  the  Generall  Courte  then  follow- 
ing to  agitate  the  afayres  of  the  coinonwelth ;  aV^*^  said  Deputyes  shall 
be  chosen  by  all  that  are  admitted  Inhabitants  in  the  seu"'all  Townes 
and  haue  taken  the  oath  of  fidellity;  p''uided  that  non  be  chosen  a 
Deputy  for  any  Generall  Courte  v;"^  is  not  a  Freeman  of  this  Coinon- 
welth. 

The  a-foresaid  deputyes  shall  be  chosen  in  manner  following :  euery 
p'^son  that  is  p'"sent  and  quallified  as  before  exp'"ssed,  shall  bring  the 
names  of  such,  written  in  seu''rall  papers,  as  they  desire  to  haue  chosen 
for  that  Imployment,  and  these  3  or  4,  more  or  lesse,  being  the  nuber 
agreed  on  to  be  chosen  for  that  tyme,  that  haue  greatest  nuber  of 
papers  written  for  the  shall  be  deputyes  for  that  Courte;  whose 
names  shall  be  endorsed  on  the  backe  side  of  the  warrant  and  returned 
into  the  Courte,  w^''  the  Constable  or  Constables  hand  vnto  the  same. 

8.  It  is  Ordered,  sentenced  and  decreed,  that  Wyndsor,  Hartford 
and  Wethersfield  shall  haue  power,  ech  Towne,  to  send  fower  of  their 
freemen  as  deputyes  to  euery  Generall  Courte;  and  whatsoeuer  other 
Townes  shall  be  hereafter  added  to  this  Jurisdiction,  they  shall  send 
so  many  deputyes  as  the  Courte  shall  judge  meete,  a  resonable  p'"por- 
tion  to  the  nuber  of  Freemen  that  are  in  the  said  Townes  being  to  be 
attended  therein ;  w^"^  deputyes  shall  have  the  power  of  the  whole 
Towne  to  giue  their  voats  and  alowance  to  all  such  lawes  and  orders 
as  may  be  for  the  publike  good,  and  unto  w'=''  the  said  Townes  are  to 
be  bownd. 

9.  It  is  ordered  and  decreed,  that  the  deputyes  thus  chosen  shall 
haue  power  and  liberty  to  appoynt  a  tyme  and  a  place  of  meeting 
togather  before  any  Generall  Courte  to  aduise  and  consult  of  all  such 
things  as  may  concerne  the  good  of  the  publike,  as  also  to  examine 
their  owne  Elections,  whether  according  to  the  order,  and  if  they  or 
the  gretest  p'^te  of  them  find  any  election  to  be  illegall  they  may 
seclud  such  for  p^'sent  fro  their  meeting,  and  returne  the  same  and 
their  resons  to  the  Courte ;  and  if  yt  proue  true,  the  Courte  may  fyne 


522  Connecticut— 1638-39 

the  p^ty  or  p'tyes  so  intruding  and  the  Towne,  if  they  see  cause,  and 
giue  out  a  warrant  to  goe  to  a  newe  election  in  a  legall  way,  either  in 
whole  or  in  i/te.  Also  the  said  deputyes  shall  haue  power  to  fyne 
any  that  shall  be  disorderly  at  their  meetings,  or  for  not  coining  in 
due  tyme  or  place  according  to  appoyntment;  and  they  may  returne 
the  said  fvnes  into  the  (\>urte  it  yt  l)e  refused  to  1x5  paid,  and  the 
tresurer  to  take  notice  of  yt,  and  to  estreete  or  levy  the  same  as  ho 
doth  other  fynes. 

10.  It  is  Ordered,  sentenced  and  decreed,  that  euery  Generall 
Courte,  except  such  as  through  neglecte  of  the  Goirnor  and  the  great- 
est p'^te  of  Magestrats  the  Freemen  themselves  doe  call,  shall  consist 
of  the  (louernor,  or  some  one  chosen  to  moderate  the"  Court,  and  4 
other  Magestrats  at  lest,  w^^  the  mayor  p'"te  of  the  deputyes  of  the 
seuerall  Townes  legally  chosen;  and  in  case  the  Freemen  or  mayor 
p'^te  of  the  through  neglect  or  refusall  of  the  Gouernor  and  mayor 
p''te  of  the  magestrats,  shall  call  a  Courte,  that  y*^  shall  consist  of  the 
mayor  p''te  of  Freemen  that  are  p'"sent  or  their  deputyes,  w'*'  a  Moder- 
ator chosen  by  the:  In  W^  said  Generall  Courts  shall  consist  the 
supreme  power  of  the  Comonwelth,  and  they  only  shall  haue  power 
to  make  Jaws  or  repeale  the,  to  graunt  leuyes,  to  adniitt  of  Freemen, 
dispose  of  lands  vndisposed  of,,  to  seuerall  Townes  or  p''sons,  and  also 
shall  haue  power  to  call  ether  Courte  or  Magestrate  or  any  other  p'^son 
whatsoeuer  into  question  for  any  misdemeanour,  and  may  for  just 
causes  displace  or  deale  otherwise  according  to  the  nature  of  the 
offence;  and  also  may  deale  in  any  other  matter  that  concerns  the 
good  of  this  comon  welth,  excepte  election  of  Magestrats,  w'^''  shall 
he  done  by  the  whole  boddy  of  Freemen :  In  w''*'  Courte  the  Gouer- 
nour  or  Moderator  shall  haue  power  to  order  the  Courte  to  giue 
liberty  of  spech,  and  silence  vnceasonable  and  disorderly  speakeings, 
to  put  all  things  to  voate,  and  in  case  the  vote  be  equall  to  haue  the 
casting  voice.  But  non  of  these  Courts  shall  he  adiorned  or  dis- 
solued  w'^^'out  the  consent  of  the  maior  p'^te  of  the  Court. 

11.  It  is  ordered,  sentenced  and  decreed,  that  when  any  Generall 
Courte  vppon  the  occations  of  the  Coinonwelth  haue  agreed  vppon 
any  suiiie  or  somes  of  mony  to  he  leuyed  vppon  the  seuerall  Townes 
w^^'in  this  Jurisdiction,  that  a  Coitiittee  be  chosen  to  sett  out  and 
appoynt  w*^  shall  be  the  p'^portion  of  euery  Towne  to  pay  of  the  said 
leuy,  p'^vided  the  Coihittees  be  made  vp  of  an  equall  nuber  out  of  each 
Towne. 

14*''  January,  1(538,  the  11  Orders  abouesaid  are  voted. 

THE  OATH  OF  THE  GOU'NOR,  FOR  THE    |  P^SENT] 

I  N.  ^31.  being  now  chosen  to  be  Gou'"nor  w**'in  this  Jurisdiction, 
for  the  yeare  ensueing,  and  vntil  a  new  be  chosen,  doe  sweare  by  the 
greate  and  dreadfull  name  of  the  everliueing  God,  to  p'^mote  the  pub- 
licke  good  and  j)eace  of  the  same,  according  to  the  best  of  my  skill ; 
as  also  will  mayntayne  all  lawf ull  priuiledges  of  this  Coinonwealth : 
as  also  that  all  wholsome  lawes  that  are  or  shall  be  made  by  lawfull 
authority  here  established,  be  duly  executed;  and  will  further  the 
execution  of  Justice  according  to  the  rule  of  Gods  word;  so  helpe  me 
God,  in  the  name  of  the  Lo :  Jesus  Christ. 


Connecticut— 1639  523 

THE  OATH  OF  A  MAOESTRATE,  FOR  THE  P'SENT 

I,  N.  'm.  being  chosen  a  Magestrate  w^'^in  this  Jurisdiction  for  the 
yeare  ensueing,  doe  sweare  by  the  great  and  dread  full  name  of  the 
euerliueing  God,  to  p'"mote  the  publike  good  and  peace  of  the  same, 
according  to  the  best  of  my  skill,  and  that  I  will  mayntayne  all  the 
lawfull  priuiledges  thereof  according  to  my  vnderstanding,  as  also 
assist  in  the  execution  of  all  such  wholsome  lawes  as  are  made  or  shall 
be  made  by  lawfull  authority  heare  established,  and  will  further  the 
execution  of  Justice  for  the  tyme  aforesaid  according  to  the  righteous 
rule  of  Gods  word ;  so  helpe  me  God,  etc. 


rUNDAMENTAL  AGREEMENT,   OR  ORIGINAL  CONSTITUTION   OF 
THE  COLONY  OF  NEW-HAVEN,  JUNE  4,  1639  * 

The  4tli  day  of  the  4th  month,  called  June,  1C39,  all  the  free 
planters  assembled  together  in  a  general  meeting,  to  consult  about 
settling  civil  government,  according  to  God,  and  the  nomination  of 
persons  that  might  be  found,  by  consent  of  all,  fittest  in  all  respects 
for  the  foundation  work  of  a  church,  which  was  intended  to  be 
gathered  in  Quinipiack.  After  solemn  invocation  of  the  name  of 
God,  in  prayer  for  the  presence  and  help  of  his  spirit  and  grace,  in 
those  weighty  businesses,  they  were  reminded  of  the  business  where- 
about they  met,  (viz.)  for  the  establishment  of  such  civil  order  as 
might  be  most  pleasing  unto  God,  and  for  the  choosing  the  fittest  men 
for  the  foundation  work  of  a  church  to  be  gathered.  For  the  better 
enabling  them  to  discern  the  mind  of  God,  and  to  agree  accordingly 
concerning  the  establishment  of  civil  order,  Mr.  John  Davenport  pro- 
pounded divers  queries  to  them  publicly,  praying  them  to  consider 
seriously  in  the  presence  and  fear  of  God,  the  weight  of  the  business 
they  met  about,  and  not  to  be  rash  or  slight  in  giving  their  votes  to 
things  they  understood  not ;  but  to  digest  fully  and  thoroughly  what 
should  be  propounded  to  them,  and  without  respect  to  men,  as  the}' 
should  be  satisfied  and  persuaded  in  their  own  minds,  to  give  their 
answers  in  such  sort  as  they  would  be  willing  should  stand  upon 
record  for  posterity. 

This  being  earnestly  pressed  by  Mr.  Davenport,  Mr.  Robert  New- 
man was  intreated  to  write,  in  characters,  and  to  read  distinctly  and 
audibly  in  the  hearing  of  all  the  people,  what  was  propounded  and 
accorded  on,  that  it  might  appear,  that  all  consented  to  matters  pro- 
pounded, according  to  words  written  by  him. 

Query  I.  Whether  the  scriptures  do  hold  forth  a  perfect  rule  for 
the  direction  and  government  of  all  men  in  all  duties  which  they  are 
to  perform  to  God  and  men,  as  well  in  families  and  commonwealth, 
as  in  matters  of  the  church?  This  was  assented  unto  by  all,  no  man 
dissenting,  as  was  expressed  by  holding  up  of  hands.  Afterwards 
it  was  read  over  to  them,  that  they  might  see  in  what  words  their  vote 
was  expressed.  They  again  expressed  their  consent  by  holding  up 
their  hands,  no  man  dissenting. 

Query  II.  Whereas  there  was  a  covenant  solemnly  made  by  the 

*A  Complete  History  of  Connecticut  from  1630  to  1764.  Benjamin  Trumbull, 
New  Haven:  1797.  I.  Appendix  No.  IV.  See  also  Alexander  Johnston's  Con- 
necticut in  American  Commpnwealths  Series. 


524  Connecticut— 1639 

whole  assembly  of  free  planters  of  this  plantation,  the  first  day  of 
extraordinary  hinniliation,  which  we  had  after  we  came  together, 
that  as  in  matters  that  concern  the  «j:athering  and  ordering  of  a 
chnrch,  so  likewise  in  all  public  officers  which  concern  civil  order,  as 
choice  of  magistrates  and  officers,  making  and  rei)ealing  laws,  divid- 
ing allotments  of  inheritance,  and  all  things  of  like  nature,  Ave  would 
all  of  us  lx>  ordered  by  those  rules  which  the  scripture  holds  forth  to 
us;  this  covenant  was  calle<l  a  plantation  covenant,  to  distinguish  it 
from  a  church  covenant,  which  could  not  at  that  time  l)e  made,  a 
church  not  being  then  gathered,  but  was  deferred  till  a  church  mi«^ht 
be  gathered,  according  to  (Jon:  It  was  demanded  whether  all  the  ti'ee 
plantei"s  do  hold  themselves  bound  by  that  covenant,  in  all  businesses 
of  that  nature  Avhich  are  expressed  in  the  covenant,  to  submit  them- 
selves to  he  ordered  by  the  rules  held  forth  in  the  scripture? 

This  also  was  assented  unto  by  all,  and  no  man  gainsayed  it ;  and 
they  did  testify  the  same  by  holding  up  their  hands,  both  when  it  was 
first  propounded,  and  confirmed  the  same  bv  holding  up  their  hands 
when  it  was  read  unto  them  in  public.  John  Clark  l^eing  absent, 
when  the  covenant  was  made,  doth  noAV  manifest  his  consent  to  it. 
Also  Richard  Beach,  Andrew  Law,  Goodman  Banister,  Arthur  Hal- 
bridge,  John  Potter,  Robert  Hill.  John  Brocket,  and  John  Johnson, 
these  i)ersons,  being  not  admitted  planters  when  the  covenant  was 
made,  do  now  express  their  consent  to  it. 

Query  III.  Those  who  have  desired  to  be  received  as  free  planters, 
and  are  settled  in  the  plantation,  with  a  purpose,  resolution  and  de- 
sire, that  they  may  be  admitted  into  church  fellowship,  according  to 
Christ,  as  soon  as  God  shall  fit  them  thereunto,  were  desired  to  ex- 
press it  by  holding  up  hands.  According  all  did  express  this  to  be 
their  desire  and  purpose  by  holding  up  their  hands  twice  (viz.)  at 
the  proposal  of  it,  and  after  when  these  written  words  Avere  read  unto 
them. 

Qvery  IV.  All  the  fi-ee  planters  were  called  upon  to  express, 
Avhether  they  held  themsehes  bound  to  establish  such  civil  order  as 
might  best  conduce  to  the  securing  of  the  purity  and  peace  of  the 
ordinance  to  themselves  and  their  posterity  according  to  God?  In 
ansAver  hereunto  they  expressed  by  holding  up  their  hands  twice  as 
liefore,  that  they  held  themseh'es  bound  to  establish  such  civil  order 
as  might  best  conduce  to  the  ends  aforesaid. 

Then  Mr.  Davenport  declared  unto  them,  by  the  scripture,  Avhat 
kind  of  persons  might  best  be  trusted  with  matters  of  goA^ernment; 
and  bv  sundrA'  arguments  from  scripture  proved  that  such  men  as 
Avere  described  in  Exod.  xviii.  2,  Deut.  1.  13,  with  Deut.  xvii.  15.  and 
1  Cor.  vi.  1,  C,  7,  ought  to  be  intrusted  by  them,  seeing  they  were  free 
to  cast  themsehes  into  that  mould  and  form  of  commouAAealth  Avhich 
appeared  best  for  them  in  reference  to  the  securing  the  jxiace  and 
jieaceable  improvement  of  all  Christ  his  ordinances  in  the  church 
according  to  God,  whereunto  they  haAe  bound  themselves,  as  hath 
Iwen  acknowledged. 

Having  thus  said  he  sat  doAvn  praying  the  company  freely  to  con- 
sider, AA'hether  they  would  haAe  it  A-oted  at  this  time  or  not.  After 
some  space  of  silence,  Mr.  Theophilus  Eaton  answered,  it  might  be 
A-oted,  and  some  others  also  spake  to  the  same  purpose,  none  at  all 
opposing  it.    Then  it  was  propounded  to  vote. 


Connecticut — 1639  525 

Query  V.  Whether  free  burgesses  shall  be  chosen  out  of  the 
church  members,  they  that  are  in  the  foundation  work  of  the  church 
being  actually  free  burgesses,  and  to  choose  to  themselves  out  of  the 
like  estate  of  church  fellowship,  and  the  power  of  choosing  magis- 
trates and  officers  from  among  themselves,  and  the  power  or  makmg 
and  repealing  laws,  according  to  the  word,  and  the  dividing  of  in- 
heritances, and  deciding  of  differences  that  may  arise,  and  all  the 
businesses  of  like  nature  are  to  be  transacted  by  those  free  burgesses  ? 
This  was  put  to  vote  and  agreed  unto  by  lifting  up  of  hands  twice, 
as  in  the  former  it  was  done.  Then  one  man  stood  up  and  expressed 
his  dissenting  from  the  rest  in  part;  yet  granting,  1.  That  magis- 
trates should  be  men  fearing  God.  2.  That  the  church  is  the  com- 
pany where,  ordinarily,  such  men  may  be  expected.  3.  That  they 
that  choose  them  ought  to  be  men  fearing  God  ;  only  at  this  he  stuck, 
that  free  planters  ought  not  to  give  this  power  out  of  their  hands. 
Another  stood  up  and  answered,  that  nothing  was  done,  but  with 
their  consent.  The  former  answered,  that  all  the  free  planters 
ought  to  resume  this  power  into  their  own  hands  again,  if  things  were 
not  orderly  carried.  Mr.  Theophtlus  Eaton  answered,  that  in  all 
l)laces  they  choose  committees  in  like  manner.  The  companies  in 
London  choose  the  liveries  by  whom  the  public  magistrates  are 
chosen.  In  this  the  rest  are  not  wronged,  because  they  expect,  in 
time,  to  be  of  the  livery  themselves,  and  to  have  the  same  power. 
Some  others  intreated  the  former  to  give  his  arguments  and  reasons 
whereupon  he  dissented.  He  refused  to  do  it,  and  said,  they  might 
not  rationally  demand  it,  seeing  he  let  the  vote  pass  on  freely  and  did 
not  speak  till  after  it  was  past,  because  he  would  not  hinder  what 
they  agreed  upon.  Then  Mr.  Davenport,  after  a  short  relation  of 
some  former  passages  between  them  two  about  this  question,  prayed 
the  company  that  nothing  might  be  concluded  by  them  on  this 
weighty  question,  but  what  themselves  were  persuaded  to  be  agree- 
ing with  the  mind  of  God,  and  they  had  heard  what  had  been  said 
since  the  voting;  he  intreated  them  again  to  consider  of  it,  and  put 
it  again  to  vote  as  before.  Again  all  of  them,  by  holding  up  their 
hands,  did  show  their  consent  as  before.  And  some  of  them  con- 
fessed that,  whereas  they  did  waver  before  they  came  to  the  as- 
sembly, they  were  now  fully  convinced,  that  it  is  the  mind  of  God. 
One  of  them  said  that  in  the  morning  before  he  came  reading  Deut. 
xvii.  15,  he  was  convinced  at  home.  Another  said,  that  he  came 
doubting  to  the  assembly,  but  he  blessed  Goo,  by  what  had  been  said, 
he  was  now  fully  satisfied,  that  the  choice  of  burgesses  out  of  church 
members,  and  to  intrust  those  with  the  powder  before  spoken  of  is 
according  to  the  mind  of  God  revealed  in  the  scriptures.  All  having 
spoken  their  apprehensions  it  was  agreed  upon,  and  Mr.  Robert  New- 
man was  desired  to  write  it  as  an  order  whereunto  every  one,  that 
hereafter  should  be  admitted  here  as  planters,  should  submit,  and 
testify  the  same  by  subscribing  their  names  to  the  order:  Namely, 
that  church  members  only  shall  be  free  burgesses,  and  that  they  only 
shall  choose  magistrates  and  officers  among  themselves,  to  have  power 
of  transacting  all  the  public  civil  affairs  of  this  plantation ;  of  mak- 
ing and  repealing  laws,  dividing  of  inheritances,  deciding  of  differ- 
ences that  may  arise,  and  doing  all  things  and  businesses  of  like 
nature. 

r2ol— VOL  1—07 36 


526  Connecticut — 1643 

This  being  thus  settled,  as  a  fundamental  agreement  concerning 
civil  government,  Mr.  Davenport  proceeded  to  ])ro])Ound  something 
to  consideration  about  the  gathering  of  a  church,  and  to  prevent  the 
blemishing  of  the  first  beginnings  of  the  church  work,  Mr.  Daven- 
port advised,  that  the  names  of  such  as  Avere  to  be  admitted  might 
be  publicly  propounded,  to  the  end  that  they  who  were  most  ajjproved 
might  be  chosen;  for  the  town  being  cast  into  several  private  meet- 
ings, wherein  they  that  lived  nearest  together  gave  their  accounts 
one  to  another  of  God's  gracious  work  upon  them,  and  prayed  to- 
gether and  conferred  to  their  mutual  edification,  sundry  of  them 
had  knowledge  one  of  another;  and  in  every  meeting  some  one  was 
more  approved  of  all  than  any  other:  for  this  reason  and  to  prevent 
scandals,  the  whole  company  was  intreated  to  consider  whom  they 
found  fittest  to  nominate  for  this  work. 

Qite)')/  VI.  Whether  are  you  all  willing  and  do  agree  in  this,  that 
twelve  men  be  chosen,  that  their  fitness  for  the  foundation  work  may 
be  tried;  however  there  may  be  more  named  yet  it  may  be  in  their 
power  who  are  chosen  to  reduce  them  to  twelve,  and  that  it  be  in  the 
power  of  those  twelve  to  choose  out  of  themselves  seven,  that  shall 
be  most  approved  of  by  the  major  part,  to  begin  the  church? 

This  was  agreed  upon  by  consent  of  all,  as  was  expressed  by  hold- 
ing up  of  hands,  and  that  so  many  as  should  be  thought  fit  for  the 
foundation  work  of  the  church,  shall  be  propounded  by  the  planta- 
tion, and  written  down  and  pass  without  exception,  unless  they  had 
given  public  scandal  or  offence.  Yet  so  as  in  case  of  public  scandal 
or  offence,  every  one  should  have  liberty  to  propound  their  exception, 
at  that  time,  publicly  against  any  man,  that  should  be  nominated, 
when  all  their  names  should  be  writ  down.  But  if  the  offence  were 
private,  that  mens  names  might  be  tendered,  so  many  as  were  offended 
were  intreated  to  deal  with  the  offender  privately,  and  if  he  gave  not 
satisfaction  to  brins:  the  matter  to  the  twelve,  that  they  might  con- 
sider of  it  imj^artially  and  in  the  feai-  of  God. 


GOVERNMENT  OF  NEW  HAVEN  COLONY « 
October  27/November  6,  1643 

It  was  agreed  and  concluded  as  a  foundamentall  order  nott  to  be 
disputed  or  questioned  hereafter,  thatt  none  shall  be  admitted  to  be 
free  burgesses  in  any  of  the  plantations  within  this  jurisdiction  for  the 
future,  butt  such  planters  as  are  members  of  some  or  other  of  the  ap- 
proved churches  of  New  England,  nor  shall  any  butt  such  fre^j  bur- 
gessas  have  any  vote  in  any  election,  (the  six  present  freemen  att 
Milforde  enjoying  the  liberty  with  the  cautions  agreed,)  nor  shall  any 
power  or  trust  in  the  ordering  of  any  civill  affayres,  be  att  any  time 
putt  into  the  hands  of  any  other  than  such  church  members,  though 
as  free  planters,  all  have  right  to  their  inherritance  &  to  comerce,  ac- 

«  This  was  agreed  to  by  a  General  Court  held  at  New  Haven  for  the  Jurisdic- 
tion, October  27.  1643.  Text  in  Records  of  the  Colony  and  Plantation  of  New 
Haven,  from  lfi.3S  to  lfi49.  Charles  J.  Hoadley  Editior.  (Hartford.  18.=>0.).  pp. 
112-116.  For  account  of  the  orjranization  of  jjovernnietit  at  New  Haven.  .Tune 
4/14,  1(«9,  see  idem,  11-17. 


Connecticut — 1643  527 

cording  to  such  grants,  orders  and  lawes  as  shall  be  made  concerning 
the  same. 

2.  All  such  free  burgesses  shall  have  power  in  each  towne  or  planta- 
tion within  this  jurisdiction  to  chuse  fitt  and  able  men,  from  amongst 
themselves,  being  church  members  as  before,  to  be  the  ordinary 
judges,  to  heare  and  determine  all  inferior  causes,  whether  civill  or 
criminall,  provided  that  no  civill  cause  to  be  tryed  in  any  of  these 
plantation  Courts  in  value  exceed  20',  and  thatt  the  punishment  in 
such  criminals,  according  to  the  minde  of  God,  revealed  in  his  word, 
touching  such  offences,  doe  nott  exceed  stocking  and  whipping,  or  if 
(he  fine  be  pecuniary,  thatt  itt  exceed  nott  five  pounds.  In  which 
Court  the  magistrate  or  magistrates,  if  any  be  chosen  by  the  free  bur- 
gesses or  the  jurisdiction  tor  thatt  plantation,  shall  sitt  and  assist 
with  due  respect  to  their  place,  and  sentence  shall  according  to  the 
vote  of  the  major  part  of  each  such  Court,  onely  if  the  ])artyes,  or 
any  of  them  be  nott  satisfyed  with  the  justice  of  such  sentences  or 
executions,  appeales  or  complaints  may  be  made  from  and  against 
these  courts  to  the  Court  of  Magistrates  for  the  whole  jurisdiction. 

3.  All  such  free  burgesses  through  the  whole  jurisdiction,  shall 
have  vote  in  the  election  of  all  magistrates,  whether  Governor,  Deputy 
Governor,  or  other  magistrates,  with  a  Treasurer,  a  Secretary  and  a 
Marshall,  &c.  for  the  jurisdiction.  And  for  the  ease  of  those  free 
burgesses,  especially  in  the  more  remote  plantations,  they  may  by 
proxi  vote  in  these  elections,  though  absent,  their  votes  being  sealed 
up  in  the  j^resence  of  the  free  burgesses  themselves,  thatt  their  several 
severall  libertyes  may  be  preserved,  and  their  votes  directed  accord- 
ing to  their  owne  perticular  light,  and  these  free  burgesses  may,  att 
every  election,  chuse  so  many  magistrates  for  each  plantation,  as  the 
weight  of  affayres  may  require,  and  as  they  shall  fiiide  fitt  men  for 
thatt  trust.  Butt  it  is  provided  and  agreed,  thatt  no  plantation  shall 
att  any  election  be  left  destitute  of  a  magistrate  if  they  desire  one  to 
be  chosen  out  of  those  in  church  fellowshipp  with  them. 

4.  All  the  magistrates  for  the  whole  juridsiction  shall  meete  twice 
a  yeare  att  Newhaven,  namel3%  the  Munday  immediately  before  the 
sitting  of  the  two  fixed  Generall  Courts  hereafter  mentioned,  to 
keep  a  Court  called  the  Court  of  Magistrates,  for  the  trvall  of 
weighty  and  capitall  cases,  whether  civill  or  criminall,  above  those 
lymitted  to  the  ordinary  judges  in  the  perticular  ])lantations.  and  to 
receive  and  try  all  appeales  brought  unto  them  from  the  aforesaid 
Plantation  Courts,  and  to  call  all  the  inhabitants,  whether  free 
burgesses,  free  planters,  or  others,  to  account  for  the  breach  of  any 
lawes  established,  and  for  other  misdeameanours,  and  to  censure 
them  according  to  the  quallity  of  the  offence,  in  which  meetings  of 
magistrates,  less  then  fower  shall  nott  be  accounted  a  Court,  nor  shall 
they  carry  on  any  busines  as  a  Court,  butt  itt  is  expected  and  required, 
thatt  all  the  magistrates  in  this  jurisdiction  doe  constantly  attend 
the  publique  service  att  the  times  before  mentioned,  &  if  any  of  them 
be  absent  att  one  of  the  clock  in  the  afternoone  on  Munday  aforesaid, 
when  the  court  shall  sitt,  or  if  any  of  them  depart  the  towne  without 
leave,  w^hile  the  court  sitts,  he  or  they  shall  pay  for  any  such  default, 
twenty  shillings  fine,  unless  some  providence  of  God  occasion  the 
same,  which  the  Court  of  Magistrates  shall  j  udge  off  from  time  to  time, 
and  all  sentences  in  this  court  shall  pass  by  the  vote  of  the  major  part 
of  magistrates  therein,  butt  from  this  Court  of  Magistrates,  appeales 


528  Connecticut— 1643 

and  complaints  may  be  made  and  brought  to  the  Generall  Court  as 
the  last  and  hij^hest  of  this  jurisdiction ;  butt  in  all  appeales  or  com- 
plaints from,  or  to.  what  court  soever,  due  costs  ancl  damages  shall 
be  payd  by  him  or  them  thatt  make  appeale  or  complaint  without 
just  cause. 

5.  Besides  tlie  Plantation  Courts  and  Court  of  Magistrates,  there 
shall  be  a  Generall  Court  for  the  Jurisdiction,  which  shall  consist  of 
the  Governor,  Deputy  Governor  and  all  the  Magistrates  within  the 
Jurisdiction,  and  two  Deputyes  for  every  plantation  in  the  Jurisdic- 
tion, which  Deputyes  shall  from  time  to  time  be  chosen  against  the 
approach  of  any  such  Generall  Court,  by  the  aforesai<l  free  burgesses, 
and  sent  with  due  certifficate  to  assist  in  the  same,  all  which,  both 
Governor  and  Deputy  Governor,  Magistrates  and  Deputyes,  shall 
have  their  vote  in  the  said  Court.  This  (ienerall  Court  shall  always 
sitt  att  Xewhaven,  (unless  upon  weighty  occasions  the  Generall  Court 
see  cause  for  a  time  to  sitt  elsewhere,)  and  shall  assemble  twice  every 
yeare,  namelv,  the  first  Wednesday  in  Aprill,  &  the  last  Wednesday 
in  October,  in  the  later  of  which  courts  the  (iovernor,  the  Deputy 
Governor  and  all  the  magistrates  for  the  whole  jurisdiction  with  a 
Treasurer,  a  Secretary  and  Marshall,  shall  yearly  be  chosen  by  all  the 
free  burgesses  before  mentioned,  besides  which  two  fixed  courts,  the 
Governor,  or  in  his  absence,  the  Deputy  Governor,  shall  have  power 
to  summon  a  Generall  Court  att  any  other  time,  as  the  urgent  and 
extraordinary  occasions  of  the  jurisdiction  may  require,  and  att  all 
Generall  Courts,  w^hether  ordinary  or  extraordinary,  the  Governor 
and  Dejiuty  Governor,  and  all  the  rest  of  the  magistrates  for  the  jur- 
isdiction, with  the  Deputyes  for  the  severall  plantations,  shall  sitt 
together,  till  the  atfayres  of  the  jurisdiction  l)e  dispatched  or  may 
safely  be  respited,  and  if  any  of  the  said  magistrates  or  Deputyes 
shall  either  be  absent  att  the  first  sitting  of  the  said  Generall  Court, 
(unless  some  providence  of  God  hinder,  which  the  said  Court  shall 
judge  of,)  or  depart,  or  absent  themselves  disorderly  l>efore  the  Court 
be  finished  he  or  they  shall  each  of  them  pay  twenty  shillings  fine, 
with  due  considerations  of  further  aggravations  if  there  shall  be 
cause:  which  Generall  Court  shall,  Avitli  all  care  and  delligence  pro- 
vide for  the  maintenance  of  the  purity  of  religion,  and  suppress  the 
contrary,  according  to  their  best  light  from  the  worde  of  God,  and  all 
wholsome  and  sound  advice  which  shall  be  given  by  the  elders  and 
churches  in  the  jurisdiction,  so  farr  as  may  concerne  their  civill  power 
to  deale  therein. 

Secondly  they  shall  have  power  to  inak  and  repeale  lawes,  and, 
while  they  are  in  force,  to  require  execution  of  them  m  all  the  severall 
plantations. 

Thirdly,  to  impose  an  oath  upon  all  the  magistrates,  for  the  faith- 
ful discharge  of  the  trust  committed  to  them,  according  to  their  l)est 
abilitves,  and  to  call  them  to  account  for  the  breach  of  any  lawes 
estabfished,  or  for  other  misdemeanors,  and  to  censure  them,  as  the 
quallity  of  the  offence  shall  require. 

Fowerthly,  to  impose  and  [an]  oath  of  fidelity  and  due  subjection 
to  the  lawes  iijion  all  the  free  burgesses,  free  planters,  and  other  in- 
habitants Avithin  the  whole  jurisdiction. 

51y  to  settle  and  leivie  rates  and  contributions  upon  all  the  severall 
plantations,  for  the  publique  service  of  the  jurisdiction. 


Connecticut — 1662  529 

Cly,  to  heare  and  determine  all  causes,  whether  civill  or  crommall, 
which  by  appeale  or  complaint  shall  be  orderly  brought  unto  them 
from  any  of  the  other  Courts,  or  from  any  of  the  other  plantations, 
In  all  Avhich,  with  whatsoever  else  shall  fall  within  their  cognisance 
or  judicature,  they  shall  proceed  according  to  the  scriptures,  which 
is  the  rule  of  all  rightous  lawes  and  sentences,  and  nothing  shall 
pass  an  act  of  the  Generall  Court  butt  by  the  consent  of  the  major 
part  of  the  magistrates,  and  the  greater  part  of  Deputyes. 

These  generalls  bein^  thus  layd  and  settled,  though  with  purpose 
thatt  the  scircumstantialls,  such  as  the  valine  of  the  causes  to  be 
tryed  in  the  Plantation  Courts,  the  ordinary  and  fixed  times  of  meet- 
ings, both  for  the  (jenerall  Courts,  and  courts  of  magistrates,  how 
oft  and  when  they  shall  sitt,  with  the  fines  for  absence  or  default,  be 
hereafter  considered  off,  continued  or  altered,  as  may  best  and  most 
advance  the  course  of  justice,  and  best  sute  the  occasions  of  the 
plantations,  the  Court  proceed  to  present  perticular  busines  of  the 
jurisdiction. 


CHARTER  OF  CONlTECTICUT— 1662  *  « 

Charles  the  Second,  by  the  Grace  of  God,  King  of  England,  Scot- 
land, France,  and  Ireland,  Defender  of  the  Faith,  &c.  To  all  to 
whom  these  Presents  shall  come.  Greeting. 

Whereas  hy  the  several  Navigations,  Discoveries,  and  Successful 
Plantations  of  divers  of  Our  loving  Subjects  of  this  Our  Realm  of 
England,  several  Lands,  Islands,  Places,  Colonies,  and  Plantations 
have  heen  obtained  and  settled  in  that  Part  of  the  Continent  of  Amer- 
ica called  Xew-England,  and  thereby  the  Tirade  and  Commerce  there, 
hath  been  of  late  Years  much  increased:  And  whereas  We  have  been 
informed  by  the  hutnble  Petition  of  our  Trusty  and  Well  beloved 
John  Winthrop,  John  Mason,  Samuel  Wyllys,  Henry  Clarke,  Mat- 
thew Allyn,  John  Tapping,  Nathan  Gold,  Richard  Treat,  Richard 
Lord,  Henry  Wolcott,  John  Talcott,  Daniel  Clarke,  John  Ogden, 
Thomas  Wells,  Obadias  Brewen,  John  Gierke,  Anthony  Hawkins, 
John  Deming,  and  Matthew  Camfeild,  being  Persons  principally 
interested  in  Our  Colony  or  Plantation  of  Connecticut,  in  New- 
England,  that  the  same  Colony,  or  tlie  greatest  port  thereof,  loas 
Purchased  and  obtained  for  great  and  valuable  Considerations,  and 
some  other  Part  thereof  gained  by  Conquest,  and,  with  much  diffi- 
culty, and  at  the  only  Endeavors,  Expence,  and  Charges  of  them  and 
their  Associates,  and  those  under  whom  they  Claim,  Suhdued,  and 
Improved,  and  thereby  become  a  considerable  Enlargement  and  Addi- 
tion of  Our  Dominions  and  Interest  there.    Now  Know  Ye,  That  in 

*  Acts  and  Law  of  the  State  of  Connecticut,  in  America,  New  London : 
Printed  by  Timothy  Green,  Printer  to  the  Governor  and  State  of  Connecticut, 
MDCCLXXXIV,  3-8. 

Charter  of  the  Colony  of  Connecticut,  1662,  Hartford,  Conn. :  The  Case,  Locft- 
wood  &  Brainard  Company.  Printers,  1888.    13  pp. 

o  The  Colonies  of  Hartford  and  New  Haven  had  continued  separate  until  they 
accepted  this  charter  from  King  Charles.  April  20,  16(S.  An  attempt  was  made 
in  1687  to  repeal  this  charter,  but  the  colonists  refusetl  to  surrender  it.  and  after 
the  accession  of  William  and  Mary,  in  1689,  it  was  again  recognized. 


530  Cminecticut—1662 

Cousideration  thereof,  and  iu  Kegartl  the  said  Colony  is  remote  from 
other  the  E)tgli8h  Plantations  in  the  Places  aforesaid,  and  to  the  End 
the  Affairs  and  Business  which  shall  from  Time  to  Time  haj)pen  or 
arise  concerning  the  same,  may  Iw  duly  Ordered  and  Managed,  we 
have  thought  fit,  and  at  the  humble  Petition  of  the  Persons  aforesaid, 
and  are  graciously  l*leased  to  create  and  make  them  a  Body  Politick 
and  Corj)orate,  with  the  Powers  and  Privileges  herein  after  men- 
tioned; and  accordingly  Our  Will  and  Pleasure  is,  and  of  our  esjje- 
cial  Grace,  certain  Knowledge,  and  meer  Motion,  We  have  ordained, 
constituted  and  declared,  and  by  these  i)resents,  for  Us,  Our  Heirs 
and  Successors,  Do  ordain,  constitute  and  declare,  that  they  the  said 
John  Winthrop,  John  Mason^  Samuel  Wyllys,  Henri/  Clarke,  Mat- 
thew Allyn,  John  Tapping,  Nathan  Gold,  Richard  Treat,  Richard 
Lord,  Henry  Wolcott,  John  Talcott^  Daniel  Clarke,  John  Ogden, 
Thomas  Wells,  Ohadiah  Brwen,  John  ClerJee,  Anthony  Hawking, 
John  Deming,  and  Matthew  Camfeild,  and  all  such  others  as  now  are, 
or  hereafter  shall  be  admitted  and  made  free  of  the  Company  and 
Society  of  Our  Colony  of  Connecticut,  in  America,  shall  from  Time 
to  Time,  and  for  ever  hereafter,  be  One  Body  Corporate  and 
politique,  in  Fact  and  Name,  by  tlie  Name  of.  Governor  and  Company 
of  the  P^nglish  Colony  of  Connecticut  in  New-England,  in  America ; 
And  that  by  the  same  Name  they  and  their  Successors  shall  and  may 
have  perpetual  Succession,  and  shall  and  may  he  Persons  able  and 
capable  in  the  Law,  to  plead  and  l)e  impleaded,  to  answer  and  to  be 
answered  unto,  to  defend  and  be  defended  in  all  and  singular  Suits, 
Causes,  Quarrels,  Matters,  Actions,  and  Things,  of  what  Kind  or 
Nature  soever;  and  also  to  have,  take,  possess,  acquire,  and  purchase 
Lands,  Tenements,  or  Hereditaments,  or  any  Goods  or  Chattels,  and 
the  same  to  lease,  gi'ant,  demise,  alien,  bargain,  sell,  and  dispose  of, 
as  other  Our  liege  People  of  this  Our  Realm  of  England,  or  any  other 
Corporation  or  Body  Politique  within  the  same  may  lawfully  do. 
And  further,  That  the  said  Governor  and  Company,  and  their  Suc- 
cessors, shall  and  may  forever  hereafter  have  a  connnon  Seal,  to  serve 
and  use  for  all  Causes,  Matters,  Things,  and  affairs  whatsoever,  of 
them  and  their  Successors,  and  the  same  Seal,  to  alter,  change,  break, 
and  make  new  from  Time  to  Time,  at  their  Wills  and  Pleasures,  as 
they  shall  think  fit.  And  further,  We  will  and  ordain,  and  by  these 
Presents,  for  Us,  our  Heirs  and  Successors,  do  declare  and  appoint, 
that  for  the  better  ordering  and  managing  of  the  Affairs  and  Business 
of  the  said  Company  and  their  Successors,  there  shall  be  One  Gov- 
ernor, One  Deputy-Governor,  and  Twelve  Assistants,  to  be  from  time 
to  Time  constituted,  elected  and  chosen  out  of  the  Freemen  of  the  said 
Company  for  the  Time  being,  in  such  Manner  and  Form  as  hereafter 
in  these  Presents  is  expressed,  which  said  Officei-s  shall  apply  them- 
selves to  take  Care  for  the  best  disposing  and  ordering  of  the  general 
Busihess  and  affairs  of  and  concerning  the  Land  and  Heredita- 
ments herein  after  mentioned  to  Ik?  granted,  and  the  Plantation 
thereof,  and  the  Government  of  the  People  thereof:  And  for  the  bet- 
ter Execution  of  Our  Royal  Pleasure  herein,  We  do  for  Us,  Our 
Heirs,  and  Successors,  assign,  name,  constitute  and  appoint  the  afore- 
said John  Winthrop  to  be  the  first  and  present  Governor  of  the  said 
Company,  and  the  said  John  Mason,  to  be  the  Deputy-Governor,  and 
the  said  Samuel  Wyllys,  Matthetc  Allyn,  Xathan  Gold,  Henry  Clerk.?, 
Richard  Trent,  Jolm  Ogden,  John  Tupping,  John  TaJcott,  Thomas 


Connecticut— 166^  531 

Wella,  Ueitry  Wolcott,  Richard  Lord,  and  Daniel  Cletke,  to  be  the 
Twelve  present  assistants  of  the  said  Company,  to  continue  in  the 
said  several  Offices  respectively,  until  the  second  Thursday  which 
shall  be  in  the  Month  of  October  now  next  coming.  And  further  we 
Will,  and  by  these  Presents  for  Us,  Our  Heirs,  and  Successors,  Do 
ordain  and  grant,  That  the  Governor  of  the  said  Company  for  the 
Time  being,  or  in  his  Absence  by  occasion  of  Sickness,  or  otherwise 
by  his  Leave  or  Permission,  the  Deputy-Governor  for  the  Time  being, 
shall  and  may  from  Time  to  Time  upon  all  Occasions,  give  Order  for 
the 'assembling  of  the  said  Company,  and  calling  them  together  to 
consult  and  advise  of  the  Business  and  Affairs  of  the  said  Company, 
and  that  for  ever  hereafter,  twice  in  every  Year,  That  is  to  say,  On 
every  Second  Thursday  in  October,  and  on  every  Second  Thursday  in 
May,  or  of tener  in  case  it  shall  be  requisite ;  the  Assistants,  and  Free- 
men of  the  said  Company,  or  such  of  them  (not  exceeding  Two  Per- 
sons from  each  Place,  Town,  or  City)  who  shall  be  from  Time  to 
Time  thereunto  elected  or  deputed  by  the  major  Part  of  the  Freemen 
of  the  respective  Towns,  Cities,  and  Places  for  which  they  shall  be 
elected  -or  deputed,  shall  have  a  General  Meeting,  or  Assembly,  then 
and  there  to  consult  and  advise  in  and  about  the  Affairs  and  Business 
of  the  said  Company :  and  that  the  Governor,  or  in  his  Absence  the 
Deputy-Governor  of  the  said  Company  for  the  Time  being,  and  such 
of  the  Assistants  and  Freemen  of  the  said  Company  as  shall  be  so 
elected  or  deputed,  and  be  present  at  such  Meeting  or  Assembly,  or 
the  greatest  Number  of  them,  whereof  the  Governor  of  Deputy- 
Governor,  and  Six  of  the  Assistants  at  least,  to  be  Seven,  shall  be 
called  the  General  Assembly,  and  shall  have  full  Power  and  author- 
ity to  alter  and  change  their  Days  and  Times  of  Meeting,  or  General 
A^ssemblies,  for  electing  the  Governor,  Deputy-Governor,  and  Assist- 
ants, or  other  Officers  or  any  other  Courts,  Assemblies  or  Meetings, 
and  to  choose,  nominate  and  appoint  such  and  so  many  other  Persons 
as  they  shall  think  jfit,  and  shall  be  willing  to  accept  the  same,  to  be 
Free  of  the  said  Company  and  Body  Politique,  and  them  into  the 
same  to  admit;  And  to  elect  and  constitute  such  Officers  as  they  shall 
think  fit  and  requisite  for  the  ordering,  managing  and  disposing  of 
the  Affairs  of  the  said  Governor  and  Company,  and  their  Successors : 
And  we  do  hereby  for  Us,  Our  Heirs  and  Successors,  establish  and 
ordain.  That  once  in  the  Year  for  ever  hereafter.  Namely,  the  said 
Second  Thursday  in  May,  the  Governor,  Deputy-Governor,  and 
Assistants  of  the  said  Company,  and  other  Officers  of  the  said  Com- 
pany, or  such  of  them  as  the  said  General  Assembly  shall  think  fit, 
shall  be  in  the  said  General  Court  and  Assembly  to  be  held  from  that 
Day  or  Time,  newly  chosen  for  the  Year  ensuing,  by  such  greater 
Part  of  the  said  Company  for  the  Time  being,  then  and  there  present; 
and  if  the  Governor,  Deputy-Governor,  and  Assistants  by  these  Pres- 
ents appointed,  or  such  as  hereafter  be  newly  chosen  into  their  Rooms, 
or  any  of  them,  or  any  other  the  Officers  to  be  appointed  for  the  said 
Company  shall  die,  or  be  removed  from  his  or  their  several  Offices  or 
Places  before  the  said  general  Day  of  Election,  whom  We  do  hereby 
declare  for  any  Misdemeanor  or  Default,  to  be  removable  by  the  Gov- 
ernor, Assistants,  and  Company,  or  such  greater  Part  of  them  in  any 
of  the  said  public  Courts  to  be  assembled,  as  is  aforesaid,  that  then 
and  in  every  such  Case,  it  shall  and  may  be  lawful  to  and  for  the 
Governor,  Deputy-Governor,  and  Assistants,  and  Company  aforesaid. 


532  Connecticut— 1662 

or  such  greater  Part  of  them  so  to  Ije  assembled,  as  is  aforesaid,  in 
any  of  their  Assemblies,  to  proceed  to  a  new  Election  of  one  or  more 
of  their  Company,  in  the  Room  or  Place,  Rooms  or  Places  of  such 
Governor,  Deputy-Governor,  Assistant,  or  other  Officer  or  Officers 
so  dying  or  removed,  according  to  their  Discretions,  and  immediately 
upon  and  after  such  Election  or  Elections  made  of  such  Governor, 
Deputy-Governor,  Assistant  or  Assistants,  or  any  other  Officer  of  the 
said  Couipany,  in  Manner  and  Form  aforesaid,  the  Authority,  Office 
and  Power  before  given  to  the  foruier  Governor,  Deputy-Goverpor, 
or  other  Officer  and  Officers  so  removed,  in  whose  Stead  and  Place 
new  shall  be  chosen,  shall  as  to  him  and  them,  and  every  of  them 
respectively,  cease  and  determine. 

Provided  also,  And  Our  Will  and  Pleasure  is,  That  as  well  such 
as  are  by  these  Presents  appointed  to  be  the  present  Governor, 
Deputy-Ciovernor,  and  Assistants  of  the  said  Company,  as  those  that 
shall  succeed  them,  and  all  other  Officers  to  be  appointed  and  chosen, 
as  aforesaid,  shall  lx>fore  they  undertake  the  Execution  of  their  said 
Offices  and  Places  respectively,  take  their  several  and  respective 
corporal  Oaths  for  the  due  and  faithful  Performance  of  their  Duties, 
in  their  several  Offices  and  Places,  l)efore  such  Person  or  Persons  as 
are  by  these  Presents  hereafter  appointed  to  take  and  receive  the 
same;  That  is  to  say,  The  said  John  Winthrop,  who  is  herein  before 
nominated  and  appointed  the  present  Governor  of  the  said  Compain% 
shall  take  the  said  Oath  before  One  or  more  of  the  Masters  of  Our 
Court  of  Chancery  for  the  Time  being,  unto  which  Master  of  Chan- 
cery, We  do  by  these  Presents  give  full  Power  and  Authority  to 
administer  the  said  Oath  to  the  said  John  Winthrop  accordingly: 
And  the  said  John  Mason,  who  is  herein  before  nominated  and 
appointed  the  present  Deputy-Governor  of  the  said  Company,  shall 
take  the  said  Oath  before  the  said  John  Winthrop,  or  anv  Two  of 
the  Assistants  of  the  said  Company,  unto  whom  We  do  by  these  Pres- 
ents give  full  Power  and  Authority  to  administer  the  said  Oath  to 
the  said  John  Mason  accordingly:  And  the  said  Samuel  WylJys, 
Henry  Clerke,  Matthew  AUyn,  John  Tapping,  Nathan  Gold,  Richard 
Treat,  Richard  Lord,  Henry  Wolcott,  John  Talcott,  Daniel  Clerhe, 
John  Ogden,  and  Thomas  \Velh,  who  are  herein  before  nominated 
and  appointed  the  present  Assistants  of  the  said  Company,  shall  take 
the  Oath  before  the  said  John  Winthron,  and  John  Mason,  or  One  of 
them,  to  whom  We  do  herebv  give  full  Power  and  Authority  to 
administer  the  same  accordingly. 

And  Our  further  Will  and  Pleasure  is,  that  all  and  every  Gov- 
ernor, or  Deputy-Governor  to  be  elected  and  chosen  by  Virtue  of 
these  Presents,  shall  take  the  said  Oath  before  Two  or  more  of  the 
Assistants  of  the  said  Company  for  the  Time  being,  unto  whom  We 
do  by  these  Presents  give  full  Power  and  Authority  to  give  and 
administer  the  said  Oath  accordingly;  and  the  said  Assistants,  and 
every  of  them,  and  all  and  every  other  Officer  or  Officers  to  be  here 
after  chostMi  from  Time  to  Time,  to  take  the  said  Oath  l)efore  the 
Governor,  or  Deputy-Governor  for  the  Time  being,  unto  which  Gov- 
ernor, or  Deputy-Governor,  We  do  by  these  Presents  give  full  Power 
and  Authority  to  administer  the  same  accordingly.  And  further.  Of 
Our  more  ample  Grace,  certain  Knowledge,  and  meer  Motion,  We 
have  given  and  granted,  and  by  these  presents  for  Us,  Our  Heirs  and 
Successors,  do  give  and  grant  unto  the  said  Governor  and  Company 


Connecticut— 166B  533 

of  the  EnglisJi  Colony  of  Connecticut^  in  New  England.,  in  America., 
and  to  every  Inhabitant  there,  and  to  every  Person  and  Persons  trad- 
ing thither,  and  to  every  such  Person  and  Persons  as  are  or  shall  bo 
Free  of  the  said  Colony,  full  Power  and  Authority  from  Time  to 
Time,  and  at  all  Times  hereafter,  to  take  Ship,  Transport  and  carry 
away  for  and  towards  the  Plantation  and  Defence  of  the  said  Colony, 
such  of  Our  loving  Subjects  and  Strangers,  as  shall  or  will  willingly 
accompany  them  in,  and  to  their  said  Colony  and  Plantation,  except 
such  Person  and  Persons  as  are  or  shall  be  therein  restrained  by  Us, 
Our  Heirs  and  Successors ;  and  also  to  ship  and  transport  all,  and  all 
Manner  of  Goods,  Chattels,  Merchandises,  and  other  Things  wdiat- 
soever  that  are  or  shall  be  useful  or  necessary  for  the  Inhabitants 
of  the  said  Colony,  and  may  lawfully  be  transported  thither ;  Never- 
theless., not  to  be  discharged  of  Payment  to  Us,  our  Heirs  and  Suc- 
cessors, of  the  Duties,  Customs  and  Subsidies  which  are  or  ought  to 
be  paid  or  payable  for  the  same. 

And  further,  Our  Will  and  Pleasure  is,  and  We  do  for  Us,  Our 
Heirs  and  Successors,  ordain,  declare,  and  grant  unto  the  said  Gov- 
ernor and  Company,  and  their  Successors,  That  all,  and  every  the 
Subjects  of  Us,  Our  Heirs,  or  Successors,  which  shall  go  to  inhabit 
within  the  said  Colony,  and  every  of  their  Children,  which  shall  hap- 
pen to  be  born  there,  or  on  the  Seas  in  going  thither,  or  returning 
from  thence,  shall  have  and  enjoy  all  Liberties  and  Immunities  of 
free  and  natural  Subjects  within  any  the  Dominions  of  Us,  Our  Heirs 
or  Successors,  to  all  Intents,  Constructions  and  Purposes  whatsoever, 
as  if  they  and  every  of  them  were  born  within  the  realm  of  England; 
And  We  do  authorize  and  impower  the  Governor,  or  in  his  Absence  the 
Deputy-Governor  for  the  Time  being,  to  appoint  Two  or  more  of  the 
said  Assistants  at  any  of  their  Courts  or  Assemblies  to  be  held  as  afore- 
said, to  have  Power  and  Authority  to  administer  the  Oath  of  Suprem- 
acy and  Obedience  to  all  and  every  Person  or  Persons  which  shall  at 
any  Time  or  Times  hereafter  ^o  or  pass  into  the  said  Colony  of  Con- 
necticut., unto  which  said  Assistants  so  to  be  appointed  as  aforesaid. 
We  do  by  these  Presents  give  full  Power  and  Authority  to  administer 
the  said  Oath  accordingly.  And  We  do  further  of  Our  especial  Grace, 
certain  Knowledge,  and  meer  Motion,  give,  and  grant  unto  the  said 
Governor  and  Company  of  the  English  Colony  of  Connecticut.,  in 
New-England.,  in  America.,  and  their  Successors,  That  it  shall  and 
may  be  lawful  to  and  for  the  Governor,  or  Deputy-Governor,  and 
such  of  the  Assistants  of  the  said  Company  for  the  Time  being  as 
shall  be  assembled  in  any  of  the  General  Courts  aforesaid,  or  in  any 
Courts  to  be  especially  summoned  or  assembled  for  that  Purpose,  or 
the  greater  part  of  them,  whereof  the  Governor,  or  Deputy-Governor, 
and  Six  of  the  Assistants  to  be  alw^ays  Seven,  to  erect  and  make  such 
Judicatories,  for  the  hearing,  and  determining  of  all  Actions,  Causes, 
Matters,  and  Things  happening  within  the  said  Colony,  or  Plantation, 
nnd  which  shall  be  in  Dispute,  and  Depending  there,  as  they  shall 
think  Fit,  and  Convenient,  and  also  from  Time  to  Time  to  Make, 
Ordain,  and  Establish  all  manner  of  wholesome,  and  reasonable  Laws, 
Statutes,  Ordinances,  Directions,  and  Instructions,  not  Contrary  to 
the  Laws  of  this  Realm  of  England.,  as  well  for  settling  the  Forms, 
and  Ceremonies  of  Government,  and  Magistracy,  fit  and  necessary 
for  the  said  Plantation,  and  the  Inhabitants  there,  as  for  Naming,  and 
Stiling  all  Sorts  of  Officers,  both  Superior  and  Inferior,  which  they 


534  Conneciicul—1662 

shall  Hml  Needful  for  Iho  (rovernment,  and  Plantation  of  the  said 
Colony,  and  tho  distinguishing  and  setting  forth  of  the  several  Duties, 
Powers,  and  Limits  of  every  such  Office  and  Place,  and  the  Forms  of 
such  Oatlis  not  being  contrary  to  the  Laws  and  Statutes  of  this  Our 
Realm  of  England^  to  be  administered  for  the  Execution  of  the  said 
several  Offices  and  Places  as  also  for  the  disposing  and  ordering  of 
the  Election  of  such  of  the  said  Officers  as  are  to  be  annually  chosen, 
and  of  such  others  as  shall  succeed  in  case  of  Death  or  Removal,  and 
administring  the  said  Oath  to  the  newlj'-elected  Officers,  and  granting 
necessary  Commissions,  and  for  Imposition  of  lawful  Fines,  Mulcts, 
Imprisonment  or  other  Punishment  upon  Oti'enders  and  Delinquents 
according  to  the  Course  of  other  Corporations  within  this  our  King- 
dom of  England,,  and  the  same  Laws,  Fines,  Mulcts  and  Executions, 
to  alter,  change,  revoke,  annul,  release,  or  pardon  under  their  Com- 
mon Seal,  as  bv  the  said  General  Assembly,  or  the  major  Part  of  them 
shall  be  thought  fit,  and  for  the  directing,  ruling  and  disposing  of  all 
other  Matters  and  things,  whereby  Our  said  People  Inhabitants  there, 
mav  be  so  religiously,  peaceably  and  civilly  governed,  as  their  good 
Lire  and  orderly  Conversation  may  win  and  invite  the  Natives  oi  the 
Country  to  the  Knowledge  and  Obedience  of  the  only  true  GOD,  and 
the  Saviour  of  Mankind,  and  the  Christian  Faitli,.  which  in  Our 
Royal  Intentions,  and  the  adventurers  free  Possession,  is  the  only  and 
principal  End  of  this  Plantation;  willing,  commanding  and  requir- 
ing, and  by  these  Presents  for  Us,  Our  Heirs  and  Successors,  ordain- 
ing and  appointing,  that  all  such  Laws,  Statutes  and  Ordinances, 
Instructions,  Impositions  and  Directions  as  shall  be  so  made  by  the 
Governor,  Deputy-Governor,  and  Assistants  as  aforesaid,  and  pub- 
lished in  Writing  under  their  Common  Seal,  shall  carefully  and  duly 
be  observed,  kept,  performed,  and  put  in  Execution,  according  to  the 
true  Intent  and  Meaning  of  the  same,  and  these  Our  letters  Patents, 
or  the  Duplicate,  or  Exemplification  thereof,  shall  be  to  all  and  every 
such  Officers,  Superiors  and  Inferiors  from  Time  to  Time,  for  the 
l)utting  of  the  same  Orders,  Laws,  Statutes,  Ordinances,  Instructions, 
and  Directions  in  due  Execution,  against  Us,  Our  Heirs  and  Succes- 
sors, a  sufficient  Warrant  and  Discharge. 

And  We  do  further  for  Us,  Our  Heirs  and  Successors,  give  and 
grant  nnto  the  said  Governor  and  Company,  and  their  Successors,  by 
these  Presents,  That  it  shall  and  may  be  lawful  to,  and  for  the  Chief 
Commanders,  Governors  and  Officers  of  the  said  Company  for  the 
Time  being,  who  shall  be  resident  in  the  Parts  of  New-England  here- 
after'mentioned,  and  others  inhabiting  there,  by  their  Leave,  Admit- 
tance, Appointment,  or  Direction,  from  Time  to  Time,  and  at  all 
Times  hereafter,  for  their  special  Defence  and  Safety,  to  Assemble, 
Martial-Array,  and  plit  in  warlike  Posture  the  Inhabitants  of  the 
said  Colonv,  and  to  Commissionate,  Impower,  and  Authorize  such 
Person  or  'Persons  as  they  shall  think  fit,  to  lead  and  conduct  the 
said  Inhabitants,  and  to  encounter,  expulse,  repel  and  resist  by  Force 
of  Arms,  as  well  by  Sea  as  by  Land,  and  also  to  kill,  slay,  and  destroy 
by  all  fitting  Ways,  Enterprises,  and  Means  whatsoever,  all  and  every 
such  Person  or  Persons  as  shall  at  any  Time  hereafter  attempt  or 
enterprize  the  Destruction,  Invasion,  Detriment,  or  Annoyance  of  the 
said  Inhabitants  or  Plantation,  and  to  use  and  exercise  the  Law 
Martial  in  such  Cases  only  as  Occasion  shall  require;  and  to  take  or 
surprize  by  all  Ways  and  Means  whatsoever,  all  and  every  such  IVr- 


Connecticut— 1662  535 

son  and  Persons,  Avitli  their  Ships,  x^rniour.  Ammunition  and  other 
Goods  of  such  as  shall  in  such  hostile  Manner  invade  or  attempt  the 
defeating  of  the  said  Plantation,  or  the  hurt  of  the  said  Company 
and  Inhabitants,  and  upon  just  Causes  to  invade  and  destroy  the 
Natives,  or  other  Enemies  of  the  said  Colony.  N eveTthelefis\  Our 
Will  and  Pleasure  is,  and  We  do  hereby  declare  unto  all  Christian 
King:s,  Princes,  and  States,  that  if  any  Persons  which  shall  liereafter 
be  of  the  said  Couipany  or  Plantation,  or  any  other  by  Appointment 
of  the  said  Governor  and  Company  for  the  Time  l)eing,  shall  at  any 
Time  or  Times  hereafter  rob  or  spoil  by  Sea  or  by  Land,  and  do  any 
Hurt,  Violence,  or  unlawful  Hostility  to  any  of  the  Subjects  of  Us, 
Our  Heirs  or  Successors,  or  any  of  the  Subjects  of  any  Prince  or 
State,  being  then  in  League  with  Us,  Our  Heirs  or  Successors,  upon 
Complaint  of  such  Injury  done  to  any  such  Prince  or  State,  or  their 
Subjects,  We,  Our  Heirs  and  Successors  will  make  open  Proclama- 
tion w  ithin  any  Parts  of  Our  Realm  of  England  fit  for  that  Purpose, 
that  the  Person  or  Persons  committing  any  such  Robbery  or  Spoil, 
shall  within  the  Time  limited  by  such  Proclamation,  make  full  Resti- 
tution or  Satisfaction  of  all  such  Injuries  done  or  committed,  so  as 
the  said  Prince,  or  others  so  complaining  may  be  fully  satisfied  and 
contented;  and  if  the  said  Person  or  Persons  who  shall  commit  any 
such  Robbery  or  Spoil  shall  not  make  Satisfaction  accordingly, 
within  such  Time  so  to  be  limited,  that  then  it  shall  and  may  be  law- 
ful for  Us,  Our  Heirs  and  Successors,  to  put  such  Person  or  Persons 
out  of  Our  Allegiance  and  Protection;  and  that  it  shall  and  may  be 
lawful  and  free  for  all  Princes  or  others  to  prosecute  with  Hostility 
such  Offenders,  and  every  of  them,  their,  and  every  of  their  Pro- 
curers, Aiders,  Abettors  and  Counsellors  in  that  Behalf. 

Provided  also.,  and  Our  express  Will  and  Pleasure  is,  and  We  do 
by  these  Presents  for  Us,  Our  Heirs,  and  Successors,  Ordain  and 
Appoint,  that  these  Presents  shall  not  in  any  Manner  hinder  any  of 
Our  loving  Subjects  whatsoever  to  use  and  exercise  the  Trade  of 
Fishing  upon  the  Coast  of  New-England,  in  America.,  but  they  and 
every  or  any  of  them  shall  have  full  and  free  Power  and  Liberty,  to 
continue,  and  use  the  said  Trade  of  Fishing  upon  the  said  Coast,  in 
any  of  the  Seas  thereunto  adjoining,  or  any  Arms  of  the  Seas,  or 
Salt  Water  Rivers  where  they  have  been  accustomed  to  fish,  and  to 
build  and  set  up  on  the  waste  Land  belonging  to  the  said  Colony 
of  Connecticut,  such  Wharves,  Stages,  and  Work-Houses  as  shall 
be  necessary  for  the  salting,  drying,  and  keeping  of  their  Fish  to  be 
taken,  or  gotten  upon  that  Coast,  any  Thing  in  these  Presents  con- 
tained to  the  contrary  notwithstanding.  And  Know  Ye  further. 
That  We,  of  Our  abundant  Grace,  certain  Knowledge,  and  mere 
Motion,  have  given,  granted,  and  confirmed,  and  by  these  Presents 
for  Us,  our  Heirs  and  Successors,  do  give,  grant  and  confirm  unto 
the  said  Governor  and  Company,  and  their  Successors,  all  that  Part 
of  Our  Dominions  in  New- England  in  America,  bounded  on  the  East 
by  Narraganset-River,  commonly  called  Narraganset-Bay,  where  the 
said  River  falleth  into  the  Sea ;  and  on  the  North  by  the  Line  of  the 
Massachusetts-Plantation;  and  on  the  South  by  the  Sea;  and  in 
Longitude  as  the  Line  of  the  Massachusetts-Colony,  running  from 
East  to  West,  That  is  to  say,  From  the  said  Narraganset-Bay  on  the 
East,  to  the  South  Sea  on  the  West  Part,  with  the  Islands  thereunto 
adjoining,  together  with  all  firm  Lands,  Soils,  Grounds,  Havens, 


536  Connecticut— 1818 

Ports,  Kivers,  Waters.  Fishings.  Mines.  Minerals,  j^reeious  Stones, 
Quarries,  and  all  and  singular  other  Commodities,  Jurisdictions, 
Royalties,  Privileges,  Franchises,  Preheminences,  and  Hereditaments 
whatsoever,  within  the  said  Tract,  Bounds,  Lands,  and  Islands  afore- 
said, or  to  them  or  any  of  them  belonging.  To  have  and  to  hold  the 
same  unto  the  said  (lovernor  and  Company,  their  Successors  and 
Assigns  for  ever,  upon  Trust,  and  for  the  Use  and  Benefit  of  Them- 
selves and  their  Associates,  Freemen  of  the  said  Colony,  their  Heirs 
and  Assigns,  to  l)e  holden  of  Us,  Our  Heirs  and  Successors,  as  of  Our 
Manor  of  East-Greenwich.,  in  free  and  common  Soccage,  and  not  in 
Capite,  nor  by  Knights  Service,  yielding  and  paying  therefore  to  Us, 
Our  Heirs  and  Successors,  only  the  Fifth  Part  of  all  the  Ore  of  (Jold 
and  Silver  which  from  Time  to  Time,  and  at  all  Times  hereafter, 
shall  be  there  gotton,  had,  or  obtained,  in  Lieu  of  all  Services,  Duties, 
and  Demands  whatsoever,  to  be  to  Us,  our  Heirs,  or  Successors  there- 
fore, or  thereout  rendered,  made,  or  paid. 

And  lastly,  "We  do  for  Us,  our  Heirs  and  Successors,  grant  to  the 
said  Governor  and  Company,  and  their  Successors,  by  these  Presents, 
That  these  Our  Letters  Patents,  shall  be  firm,  good  and  effectual  in 
the  Law,  to  all  Intents,  Constructions,  and  Purposes  whatsoever, 
according  to  Our  true  Intent  and  Meaning  herein  before  declared, 
as  shall  be  construed,  reputed  and  adjudged  most  favourable  on  the 
Behalf,  and  for  the  best  Benefit,  and  Behoof  of  the  said  Governor 
and  Company,  and  their  Successors,  although  express  Mention  of 
the  true  Yearly  Value  or  Certainty  of  the  Premises,  or  of  any  of 
them,  or  of  any  other  Gifts  or  Grants  by  Us,  or  by  any  of  Our 
Progenitors,  or  Predecessors,  heretofore  made  to  the  said  Governor 
and  Company  of  the  Englvih  Colony  of  Connecticut,  in  New-Eng- 
land, in  America,  aforesaid,  in  these  Presents  is  not  made,  or  any 
Statute,  Act,  Ordinance,  Provision,  Proclamation,  or  Restriction 
heretofore  had,  made,  enacted,  ordained,  or  provided,  or  any  other 
Matter,  Cause,  or  Thing  whatsoever,  to  the  contrary  thereof,  in  any 
wise  notwithstanding.  In  Witness  whereof,  We  have  caused  these 
Our  Letters  to  be  made  Patents.  Witness  Ourself  at  Westminster, 
the  Three  and  Twentieth  Day  of  April,  in  the  Fourteenth  Year  of 
our  Reign. 

By  Writ  of  Privy  Seal, 

Howard 


CONSTITTJTION  OF  CONNECTICUT -1818  *  « 

PREAMBLE 

The  people  of  Connecticut,  acknowledging  with  ^atitude  the  good 
providence  of  God  in  having  permitted  them  to  enjoy  a  free  govern- 

*  Verifietl  by  official  edition  sent  by  the  Secretary  of  State  to  Editor. 

a  As  aniende<l  and  in  force  .January  1.  IJXKJ. 

This  Constitution  was  framed  by  a  convention  which  met  at  Hartford  Augrnst 
20,  1818.  and  conipleteil  its  lalnirs  Septeml)er  IG,  1818.  It  was  submitted  to  tlie 
people  Octolter  ."..  1818.  and  adopted  by  a  vote  of  13.1)18  for.  to  12.3()4  aj?ainst. 

". Journal  of  the  Proceedings  of  the  Convention  «)f  Delegates.  Convened  at 
Hartford,  August  20th,  1818,  For  the  I'uriJose  of  Forming  A  Coustltutiou  of 


Connecticut — 1818  537 

ment,  do,  in  order  more  effectually  to  define,  secure,  and  perpetuate 
the  liberties,  rights,  and  privileges  which  they  have  derived  from 
iheir  ancestors,  hereby,  alter  a  careful  consideration  and  revision, 
ordain  and  establish  the  following  Constitution  and  form  of  civil 
govermnent : 

Article  First 

declaration  of  rights 

That  the  great  and  essential  principles  of  liberty  and  free  govern- 
ment may  be  recognized  and  established,  we  declare, 

Section  1.  That  all  men,  when  they  form  a  social  compact,  are 
equal  in  rights;  and  that  no  man  or  set  of  men  are  entitled  to  ex- 
clusive public  emoluments  or  privileges  from  the  community. 

Sec.  2.  That  all  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority  and  instituted  for 
their  benefit ;  and  that  they  have  at  all  times  an  undeniable  and  inde- 
feasible right  to  alter  their  form  of  government  in  such  a  manner  as 
they  may  think  expedient. 

Sec.  3.  The  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination,  shall  forever  be  free  to  all  persons 
in  this  State,  provided  that  the  right  hereby  declared  and  established 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  to 
justify  practices  inconsistent  with  the  peace  and  safety  of  the  State. 

Sec.  4,  No  preference  shall  be  given  by  law  to  any  Christian  sect 
or  mode  of  worship. 

Sec.  5.  Every  citizen  may  freely  speak,  write,  and  publish  his  sen- 
timents on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty. 

Sec.  6.  No  law  shall  ever  be  passed  to  curtail  or  restrain  the  liberty 
of  speech  or  of  the  press. 

Sec.  7.  In  all  prosecutions  or  indictments  for  libels,  the  truth  may 
be  given  in  evidence,  and  the  jury  shall  have  the  right  to  determine 
the  law  and  the  facts,  under  the  direction  of  the  court. 

Sec.  8.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions  from  unreasonable  searches  or  seizures,  and  no  war- 
rant to  search  any  place,  or  to  seize  any  person  or  things,  shall  issue 
without  describing  them  as  nearly  as  may  be,  nor  without  probable 
cause  supported  by  oath  or  affirmation. 

Sec.  0.  In  all  criminal  prosecutions,  the  accused  shall  have  the 
right  to  be  heard  by  himself  and  by  counsel;  to  demand  the  nature 

Ci¥il  Government  For  the  People  of  the  State  of  Connecticut.  Printed  by 
Order  of  tlie  General  Assembly.  Hartford :  Case,  Locliwood  &  Brainard, 
Printers,  1873,"  pp.  101-116. 

See  also.  "  Historical  Notes  On  the  Constitutions  of  Connecticut.  1()3&-1818, 
Particularly  On  the  Origin  and  Progress  of  the  Movement  Which  Resulted  in 
the  Convention  of  1818  and  the  Adoption  of  the  Present  Constitution.  By  J. 
Hammond  Trumbull,  Hartford.  Brown  &  Gross,  1873,"  pp.  41-00. 

[The  Constitution  of  Connecticut  was  ratified  and  approved  by  the  people  by  a 
vote  of  thirteen  thousand  nine  hundred  and  eighteen  in  its  favor,  and  twelve 
thousand  three  hundred  and  sixty-one  against  its  ratification.  On  the  twelfth 
of  October,  eighteen  hundred  and  eighteen,  Governor  Woleott  issue<i  his  procla- 
mation, at  the  request  of  the  General  Assembly,  declaring  that  the  constitution 
was  thenceforth  to  be  observed  by  all  persons,  as  the  Supreme  Law  of  this 
State.^ 


538  Connecticut— 1818 

and  cause  of  the  accusation ;  to  be  confronted  by  the  witnesses  against 
him;  to  have  compulsory  process  to  obtain  witnesses  in  his  favor; 
and  in  all  prosecutions,  by  indictment  or  information,  a  speedy  public 
trial  by  an  impartial  jury.  He  shall  not  1x3  compelled  to  give  evi- 
dence against  himself,  nor  Ihj  deprived  of  life,  lilH-rty,  or  property, 
but  by  due  course  of  law.  And  no  person  shall  be  holden  to  answer 
for  any  crime,  the  punishment  of  which  may  be  death  or  imprison- 
ment for  life,  unless  on  a  presentment  or  indictment  of  a  grand  jury; 
except  in  the  land  or  naval  forces,  or  in  the  militia  when  in  actual 
service  in  time  of  war  or  public  danger. 

Sec.  10.  No  person  shall  be,  arrested,  detained,  or  punished,  except 
in  cases  clearly  warranted  bv  law. 

Sec.  11.  The  property  of  no  ijerson  shall  be  taken  for  public  use 
without  just  compensation  therefor. 

Sec.  12.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  to  him  in  his  person,  property,  or  reputation,  shall  have  remedy 
by  due  course  of  law,  and  right  and  justice  administered  without 
sale,  denial,  or  delay. 

Sec.  1.3.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed. 

Sec.  14.  All  prisoners  shall,  before  conviction,  be  bailable  by  suffi- 
cient sureties,  except  for  capital  offenses,  where  the  proof  is  evident, 
or  the  presumption  great;  and  the  privileges  of  the  writ  of  Jiaheaa 
corpus  shall  not  be  suspended,  unless  when,  in  case  of  rebellion  or 
invasion,  the  public  safety  may  require  it ;  nor  in  any  case,  but  by  the 
legislature. 

Sec.  15.  No  person  shall  be  attainted  of  treason  or  felony  by  the 
legislature. 

Sec.  10.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assem- 
ble for  their  common  good,  and  to  apply  to  those  invested  with  the 
powers  of  government,  for  redress  of  grievances,  or  other  proper 
purposes,  by  petition,  address,  or  remonstrance. 

Sec.  17.  Every  citizen  has  a  right  to  bear  arms  in  defense  of  him- 
self and  the  State. 

Sec.  18.  The  military  shall,  in  all  cases  and  at  all  times,  be  in  strict 
sul)ordination  to  the  civil  power. 

Sec.  19.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of  war  but  in  a 
manner  to  Ix*  prescribed  by  law. 

Sec.  20.  No  hereditary  emoluments,  privileges,  or  honors  shall  ever 
be  granted  or  conferred  in  this  State. 

Sec.  21.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Article  Second 

of  thh  distribution  of  powers 

The  i)owers  of  government  shall  be  divided  into  three  distinct 
departments,  and  each  of  them  confided  to  a  separate  magistracy,  to 
wit:  those  which  are  legislative,  to  one;  those  which  are  executive, 
to  another;  and  those  which  are  judicial,  to  another. 


Connecticut — 1818  539 

Article  Third 
or  the  legislative  department 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in 
two  distinct  houses  or  branches;  the  one  to  be  styled  The  Senate,  the 
other  The  House  of  Representatives,  and  both  together  The  General 
Assembly.  The  style  of  their  laws  shall  be.  Be  it  enacted  hy  the  Sen- 
ate and  House  of  Representatives  in  General  Assembly  convened. 

Sec.  2.  There  ehall  be  one  stated  session  of  the  General  Assembly, 
to  be  holden  in  each  year,  alternately  at  Hartford  and  New  Haven, 
on  the  first  Wednesday  of  May,"  and  at  such  other  times  as  the  (Gen- 
eral Assembly  shall  judge  necessary;  the  first  session  to  be  holden 
at  Hartford;  but  the  person  administering  the  office  of  Governor 
may,  on  special  emergencies,  convene  the  General  Assembly  at  either 
of  said  places,  at  any  other  time.  And  in  case  of  danger  froui  the 
prevalence  of  contagious  diseases  in  either  of  said  places,  or  other  cir- 
cumstances, the  person  administering  the  office  of  Governor  may  by 
proclamation  convene  said  Assembly  at  any  other  place  in  this  State. 

Sec.  3.  The  House  of  Representatives  shall  consist  of  electors  resid- 
ing in  towns  from  which  they  are  elected.  The  number  of  Repre- 
sentatives from  each  town  shall  be  the  same  as  at  present  practiced 
and  allowed.  In  case  a  new  town  shall  hereafter  be  incorporated, 
such  new  town  shall  be  entitled  to  one  representative  only ; ''  and  if 
such  new  town  shall  be  made  from  one  or  more  towns,  the  town  or 
towns  from  which  the  same  shall  be  made  shall  be  entitled  to  the  same 
number  of  Representatives  as  at  present  allowed,  unless  the  number 
shall  be  reduced  by  the  consent  of  such  town  or  towns. 

Sec.  4.  The  Senate  shall  consist  of  twelve  members,  to  be  chosen 
annually  by  the  electors.'' 

Sec.  5.  At  the  meetings  of  the  electors,  held  in  the  several  towns 
in  this  State  in  April  annually,  after  the  election  of  Representatives, 
the  electors  present  shall  be  called  upon  to  bring  in  their  written 
ballots  for  Senators.**  The  presiding  officer  shall  receive  the  votes 
of  the  electors,  and  count  and  declare  them  in  open  meeting.  The 
presiding  officer  shall  also  make  duplicate  lists  of  the  persons  voted 
for,  and  of  the  number  of  votes  for  each,  which  shall  be  certified  by 
the  presiding  officer;  one  of  which  lists  shall  be  delivered  to  the 
ToAvn  Clerk,  and  the  other,  within  ten  days  after  said  meeting,  shall 
be  delivered,  under  seal,  either  to  the  Secretary  or  to  the  sheriff  of 
the  county  in  which  said  town  is  situated;  which  list  shall  be 
directed  to  the  Secretary,  with  a  superscription  expressing  the  pur- 
port of  the  contents  thereof;  and  each  sheriff  who  shall  receive  such 
Azotes  shall,  within  fifteen  days  after  said  meeting,  deliver,  or  cause 
them  to  be  delivered,  to  the  Secretary. 

Sec.  6.  The  Treasurer,  Secretary,  and  Comptroller,  for  the  time 
being,  shall  canvass  the  votes  publicly.  The  twelve  persons  having 
the  greatest  number  of  votes  for  Senators  shall  be  declared  to  be 
elected.^     But  in  cases  where  no  choice  is  made  by  the  electors  in 

n  Altered  by  amendments  of  1872,  187.'),  1876,  and  1884. 
6  Altered  b.v  amendments  of  1828,  18.36,  and  187.^). 
'■  Altered  by  amendments  of  1828.  1836.  1875,  and  1901. 
<i  Altered  by  amendments  of  1828.  1875.  1901  and  1905. 
e  Altered  by  amendments  of  1836,  1875,  1884  and  1905. 


540  Connecticut — 1818 

consequence  of  an  equality  of  votes,  the  House  of  Representatives 
shall  designate,  by  ballot,  which  of  the  candidates  having  such  equal 
number  or  votes  shall  be  declared  to  Ix"  elected.  The  return  of  votes 
and  the  result  of  the  canvass  shall  be  submitted  to  the  House  of 
Representatives,  and  also  to  the  Senate,  on  the  first  day  of  the  session 
of  the  General  Assembly;  and  each  house  shall  Ixj  the  final  judge  of 
the  election  returns,  and  qualifications  of  its  own  members. 

Sec.  7.  The  House  of  Representatives,  when  assembled,  sh^U  choose 
a  speaker,  clerk,  and  other  officers.  The  Senate  shall  choose  its  clerk 
and  other  officers  except  the  President.  A  majority  of  each  house 
shall  constitute  a  quorum  to  do  business;  but  a  smaller  numlxir  may 
adjourn  from  day  to  day,  and  compel  the  attendance  of  absent  mem- 
lx»rs  in  such  manner,  and  under  such  pejialties,  as  each  house  may 
prescribe. 

Sec.  8.  Each  house  sliall  determine  the  rules  of  its  own  proceed- 
ings, punish  members  for  disorderly  conduct,  and,  with  the  consent 
of  two-thirds,  expel  a  member,  but  not  a  seond  time  for  the  same 
cause;  and  shall  have  all  other  powers  necessary  for  a  branch  of  the 
legislature  of  a  free  and  independent  State. 

Sec.  9.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same,  when  required  by  one-fifth  of  its  members,  except 
such  parts  as,  in  the  judgment  of  a  majority,  require  secrecy.  The 
yeas  and  nays  of  the  members  of  either  house  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journals. 

Sec.  10.  The  Senators  and  Representatives  shall,  in  all  cases  of 
civil  process,  be  privileged  from  arrest  durmg  the  session  of  the 
(Jeneral  Assembly,  and  lor  four  days  before  the  commencement  and 
after  the  terminatioji  of  any  session  thereof.  And  for  any  speedi  or 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other 
place. 

Sec.  11.  The  debates  of  each  house  shall  be  public,  except  on  such 
occasions  as,  in  the  opinion  of  the  house,  may  require  secrecy. 

Article  Fourth 
of  the  executive  department 

Section  1.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  a  Governor,  who  shall  be  chosen  by  the  electors  of  the  State, 
and  shall  hold  his  office  for  one  year  from  the  first  Wednesday  of 
May*  next  succeeding  his  election,  and  until  his  successor  be  duly 
qualified.  Xo  person  who  is  not  an  elector  of  this  State,  and  who 
has  not  arrived  at  the  age  of  thirty  years,  shall  be  eligible. 

Sec,  2.  At  the  meetings  of  the  electors  in  the  respective  towns,  in 
the  month  of  April  in  each  year,*  immediately  after  the  election  of 
Senators,  the  presiding  officers  shall  call  upon  the  electors  to  bring 
in  their  ballots  «■  for  him  whom  they  would  elect  to  be  Governor,  with 
his  name  fairly  written.  When  such  ballots  shall  have  been  received 
and  counted  in  the  presence  of  the  electors,  duplicate  lists  of  the 
jx'rsons  voted  for,  and  of  the  numl^er  of  votes  given  for  each,  shall 
be  made  and  certified  by  the  presiding  officer,  one  of  which  lists  shall 

a  Made  to  apply  to  bienDial  elections  by  amendment  of  1875. 
6  Made  to  apply  to  biennial  elections  by  amendment  of  1876. 
c  Altered  by  amendment  of  1905. 


Connecticut — 1818  541 

be  deposited  in  the  office  of  the  Town  Clerk  within  three  days,  and 
the  other  within  ten  days,  after  said  election,  shall  be  transmitted 
to  the  Secretary,  or  to  the  sheriff  of  the  county  in  which  such  election 
shall  have  been  held.  The  sheriff  receiving  said  votes  shall  deliver, 
or  cause  them  to  be  delivered,  to  the  Secretary  within  fifteen  days 
next  after  said  election.  The  votes  so  returned  shall  be  counted  by 
the  Treasurer,  Secretary,  and  Comptroller,  within  the  month  of 
April.  A  fair  list  of  the  persons  and  number  of  votes  given  for 
each,  together  with  the  returns  of  the  presiding  officers,  shall  be,  by 
the  Treasurer,  Secretary,  and  Comptroller,  made  and  laid  before  the 
General  Assembly,  then  next  to  be  holden,  on  the  first  day  of  the 
session  thereof;  and  said  Assembly  shall,  after  examination  of  the 
same,  declare  the  person  whom  they  shall  find  to  be  legally  chosen, 
and  give  him  notice  accordingly.  If  no  person  shall  have  a  majority 
of  the  whole  number  of  said  votes,**  or  if  two  or  more  shall  have  an 
equal  and  the  greatest  number  of  said  votes,  then  said  Assembly,  on 
the  second  day  of  their  session,  by  joint  ballot  of  both  houses,  shall 
proceed,  without  debate,  to  choose  a  Governor  from  a  list  of  the  names 
of  the  two  persons  having  the  greatest  number  of  votes,  or  of  the 
names  of  the  persons  having  an  equal  and  highest  number  of  votes  so 
returned  as  aforesaid.  The  General  Assembly  shall  by  law  prescribe 
the  manner  in  which  all  questions  concerning  the  election  of  a  Gov- 
ernor, or  Lieutenant-Governor,  shall  be  determined. 

Sec.  3.  At  the  annual  meetings  of  the  electors,  immediately  after 
the  election  of  Governor,  there  shall  also  be  chosen,  in  the  same  man- 
ner as  is  hereinbefore  provided  for  the  election  of  Governor,  a 
Lieutenant-Governor,^  who  shall  continue  in  office  for  the  same  time, 
and  possess  the  same  qualifications. 

Sec.  4.  The  compensations  of  the  Governor,  Lieutenant-Governor, 
Senators,  and  Representatives  shall  be  established  by  law,  and  shall 
not  be  varied  so  as  to  take  effect  until  after  an  election,  which  shall 
next  succeed  the  passage  of  the  law  establishing  said  compensation. 

Sec.  5.  The  Governor  shall  be  Captain-General  of  the  militia  of  the 
State,  except  when  called  into  the  service  of  the  United  States. 

Sec.  6.  He  may  require  information  in  writing  from  the  officers  in 
the  executive  department  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 

Sec.  7.  The  Governor,  in  case  of  a  disagreement  between  the  two 
houses  of  the  General  Assembly  respecting  the  time  of  adjournment, 
may  adjourn  them  to  such  time  as  he  shall  think  proper,  not  beyond 
the  day  of  the  next  stated  session. 

Sec.  8.  He  shall,  from  time  to  time,  give  to  the  General  Assembly 
information  of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  shall  deem  expedient. 

Sec.  9.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  10.  The  Governor  shall  have  power  to  grant  reprieves  after 
conviction,  in  all  cases  except  those  of  impeachment,  until  the  end  of 
the  next  session  of  the  General  Assembly,  and  no  longer. 

Sec.  11.  All  commissions  shall  be  in  the  name  and  by  authority  of 
the  State  of  Connecticut;  shall  be  sealed  with  the  State  seal,  signed 
by  the  Governor,  and  attested  by  the  Secretary. 

"Altered  by  amendment  of  1901. 
^Altered  by  amendment  of  1875. 

7251— VOL  1—07 37 


542  Connecticut — IS  18 

Sec.  12.  Every  bill  which  shall  have  passed  both  houses  of  the  Gen- 
eral Assembly  shall  l)e  presented  to  the  Governor.  If  he  approves,  ho 
shall  sign  and  transmit  it  to  the  Secretary,  but  if  not  he  sliall  return  it 
to  the  house  in  which  it  originated,  with  his  objections,  which  shall  bo 
entered  on  the  journals  of  the  house,  who  shall  proceed  to  reconsider 
the  bill.  If,  after  such  reconsideration,  that  house  shall  again  pass  it, 
it  shall  be  sent,  with  objections,  to  the  other  house,  which  shall  also 
reconsider  it.  If  approved,  it  shall  become  a  law.  But  in  such  cases 
the  votes  of  lM)th  houses  shall  he  determined  by  yeas  and  nays;  and 
the  names  of  the  memlx»rs  voting  for  and  again.st  the  bill  shall  be 
entered  on  the  journals  of  each  house  respectively.  If  the  bill  shall 
not  be  returned  by  the  Governor  within  three  days,  Sundavs  excepted, 
after  it  shall  have  been  presented  to  him,  the  same  shall  1)6  a  law,  in 
like  numner  as  if  he  had  signed  it,  unless  the  General  Assembly,  by 
their  adjournment,  prevents  its  return;  in  which  case  it  shall  not  be 
a  law. 

Sec.  13.  The  Lieutenant-Governor  shall,  by  virtue  of  his  office, 
be  President  of  the  Senate,  and  have,  when  in  Committee  of  the 
Whole,  a  right  to  debate;  and  when  the  Senate  is  equally  divided, 
to  give  the  casting  vote. 

Sec.  14.  In  case  of  the  death,  resignation,  refusal  to  serve,  or  re- 
moval from  office  of  the  Governor,  or  of  his  impeachment  or  absence 
from  the  State,  the  Lieutenant-Governor  shall  exercise  the  powers 
and  authority  appertaining  to  the  office  of  Governor,  until  another 
be  chosen  at  the  next  periodical  election  for  Governor,  and  he  duly 
qualified;  or  until  the  Governor,  impeached  or  absent,  shall  be 
acquitted  or  return. 

Sec.  15.  When  the  government  shall  be  administered  by  the  Lieu- 
tenant-Governor, or  he  shall  be  unable  to  attend  as  President  of  the 
Senate,  the  Senate  shall  elect  one  of  their  members  as  President  pro 
tempore.  And  if  during  the  vacancy  of  the  office  of  Governor  the 
Lieutenant-Governor  shall  die,  resign,  refuse  to  serve,  or  be  removed 
from  office,  or  if  he  shall  be  impeached  or  absent  from  the  State,  the 
President  of  the  Senate  pro  tempore  shall,  in  like  manner,  administer 
the  government,  until  he  be  superseded  by  a  Governor  or  Lieutenant- 
Governor. 

Sec.  16.  If  the  Lieutenant-Governor  shall  be  required  to  administer 
thfe  Government,  and  shall,  while  in  such  administration,  die  or 
resign  during  the  recess  of  the  General  Assembly,  it  shall  be  the  duty 
of  tne  Secretary,  for  the  time  being,  to  convene  the  Senate  for  the 
purpose  of  choosing  a  President  pro  tempore. 

Sec.  17.  A  Treasurer  shall  annually  oe  chosen  by  the  electors  at 
their  meeting  in  April;"  and  the  votes  shall  be  returned,  counted, 
canvassed,  and  declared  in  the  same  manner  as  is  provided  for  the 
election  of  Governor  and  Lieutenant-Governor,  but  the  votes  for 
Treasurer  shall  be  canvassed  by  the  Secretary  and  Comptroller  only. 
He  shall  receive  all  moneys  belonging  to  the  State,  and  disburse  the 
same  only  as  he  may  be  directed  oy  law.  He  shall  pay  no  warrant 
or  order  for  the  disbursement  of  public  money  until  the  same  has 
been  registered  in  the  office  of  the  Comptroller. 

Sec.  18.  A  Secretary  shall  be  chosen  next  after  the  Treasurer,  and 

o  Altered  by  amendments  of  1836  and  1875. 


Connecticut — 1818  543 

in  the  same  manner;  «  and  the  votes  for  Secretary  shall  be  returned  to, 
and  counted,  canvassed,  and  declared  by  the  Treasurer  and  Comp- 
troller. He  shall  have  the  safe  keeping  and  custody  of  the  public 
records  and  documents,  and  particularly  of  the  acts,  resolutions,  and 
orders  of  the  General  Assembly,  and  record  the  same ;  and  perform 
all  such  duties  as  shall  be  prescribed  by  law.  He  shall  be  the  keeper 
of  the  seal  of  the  State,  which  shall  not  be  altered. 

Sec.  19.  A  Comptroller  of  the  Public  Accounts  shall  be  annuallv 
appointed  by  the  General  Assembly.*^  He  shall  adjust  and  settle  afl 
public  accounts  and  demands,  except  grants  and  orders  of  the  General 
Assembly.  He  shall  prescribe  the  mode  of  keeping  and  rendering 
all  public  accounts.  He  shall  ex  officio  be  one  of  the  auditors  of  the 
accounts  of  the  Treasurer.  The  General  Assembly  may  assign  to  him 
other  duties  in  relation  to  his  office,  and  to  that  or  the  Treasurer,  and 
shall  prescribe  the  manner  in  which  his  duties  shall  be  performed. 

Sec.  20.  A  sheriff  shall  be  appointed  in  each  county  by  the  General 
Assembly,^  who  shall  hold  his  office  for  three  years,*  removable  by 
said  Assembly,  and  shall  become  bound,  with  sufficient  sureties  to  the 
Treasurer  of  the  State,  for  the  faithful  discharge  of  the  duties  of  his 
office,  in  such  manner  as  shall  be  prescribed  by  law.  In  case  the 
sheriff  of  any  county  shall  die  or  resign,  the  Governor  may  fill  the 
vacancy  occasioned  thereby,  until  the  same  shall  be  filled  by  the  Gen- 
eral Assembly. 

Sec.  21.  A  statement  of  all  receipts,  payments,  funds,  and  debts  of 
the  State,  shall  be  published  from  time  to  time,  in  such  manner  and 
at  such  periods  as  shall  be  prescribed  by  law. 

Article  Fifth 

of  the  judicial  department  . 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court  of  Errors,  a  Superior  Court,  and  such  inferior  courts 
as  the  General  Assembly  shall,  from  time  to  time,  ordain  and  estab- 
lish ;  the  powers  and  jurisdiction  of  which  courts  shall  be  defined  by 
law. 

Sec.  2.  There  shall  be  appointed  in  each  county  a  sufficient  number 
of  justices  of  the  peace,  with  such  jurisdiction  in  civil  and  criminal 
cases  as  the  General  Assembly  may  prescribe. 

Sec.  3.  The  Judges  of  the  Supreme  Court  of  Errors,  of  the  Superior 
and  inferior  courts,  and  all  justices  of  the  peace,  shall  be  appointed  by 
the  General  Assembly,  in  such  manner  as  shall  by  law  be  prescribed."^ 
The  Judges  of  the  Supreme  Court  and  the  Superior  Court  shall  hold 
their  offices  during  good  behavior,**  but  may  be  removed  by  impeach- 
ment ;  and  the  Governor  shall  also  remove  them  on  the  address  of  two- 
thirds  of  the  members  of  each  House  of  the  General  Assembly;  all 
other  judges  and  justices  of  the  peace  shall  be  appointed  annually^.* 
No  judge  or  justice  of  the  peace  shall  be  capable  of  holding  his  office 
after  he  shall  arrive  at  the  age  Qf  seventy  years. 

"Altered  by  amendments  of  1836  and  1875. 
^Altered  by  amendments  of  1838  and  1886. 
cAltered  by  amendment  of  18S6. 
•^Altered  by  amendment  of  1876. 
^Altered  by  amendments. 


544  Connecticut— 1818 

Article  Sixth 
of  the  qralifications  of  electors 

Section  1.  All  persons  who  have  Wen,  or  shall  hereafter,  previous 
to  the  ratification  of  this  Constitution,  be  admitted  freemen,  accord- 
ing to  the  existing  laws  of  this  State,  shall  be  electors. 

Sec.  2.  Every  white"  male  citiz.en  of  the  United  States,  who  shall 
have  gained  a  settlement  in  this  State,  attained  the  age  of  twenty-one 
years,  and  resided  in  the  town  in  which  he  may  offer  himself  to  be 
admitted  to  the  privilege  of  an  elector,  at  least  six  months  preceding; 
and  have  a  freehold  estate  of  the  yearly  value  of  seven  dollars  in  this 
State;  or,  having  been  enrolled  in  the  militia,  shall  have  performed 
military  duty  therein  for  the  term  of  one  year  next  preceding  the 
time  he  shall  offer  himself  for  admission,"  or  being  liable  thereto  shall 
have  been,  by  authority  of  law,  excused  therefrom ;  or  shall  have 
paid  a  State  tax  within  the  year  next  preceding  the  time  he  shall 
present  himself  for  such  admission ;  and  shall  sustain  a  good  moral 
character,  shall,  on  his  taking  such  oath  as  may  be  prescribed  by  law, 
be  an  elector." 

Sec.  Ji.  The  privileges  of  an  elector  shall  be  forfeited  by  a  convic- 
tion of  bribery,  forgery,  perjury,  duelling,  fraudulent  bankruptcy, 
theft,  or  other  offense  for  which  an  infamous  punishment  is  inflicted.'' 

Sec.  4.  Every  electoi*  shall  be  eligible  to  any  office  in  this  State, 
except  in  cases  provided  for  in  this  Constitution. 

Sec.  5.  The  selectmen  and  town  clerk  of  the  several  towns  shall 
decide  on  the  qualifications  of  electors,  at  such  times  and  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  6.  Laws  shall  be  made  to  support  the  privilege  of  free  suf- 
frage, prescribing  the  manner  of  regulating  and  conducting  meetings 
of  the  electors,  and  prohibiting,  under  adequate  penalties,  all  undue 
influence  therein,  from  power,  bribery,  tumult,  and  other  improper 
conduct. 

Sec.  7.  In  all  elections  of  officers  of  the  State,  or  members  of  the 
General  Assembh',  the  votes  of  the  electors  shall  be  by  ballot.*" 

Sec.  8.  At  all  elections  of  officers  of  the  State,  or  memljers  of  the 
General  Assembly,  the  electors  shall  be  privileged  from  arrest  during 
their  attendance  upon,  and  going  to,  and  returning  from  the  same, 
on  any  civil  process. 

Sec.'9.  The  meetings  of  the  electors  for  the  election  of  the  several 
State  officers  by  law  annually  to  be  elected,  and  members  of  the  Gen- 
eral Assembly  of  this  State,  shall  be  holden  on  the  first  Monday  of 
April  in  each  year.* 

Article  Seventh 
of  religion 

Section  1.  It  being  the  duty  of  all  men  to  worship  the  Supreme 
Being,  the  Great  Creator  and  Preserver  of  the  Universe,  and  their 
right  to  render  that  w'orship  in  the  mode  most  consistent  with  the 

"Altered  by  amendments. 

*  May  he  restored,  amendment  Art.  xvii. 
c  Altered  by  amendment  of  1905. 

*  Altered  by  amendments  of  1875  and  1884. 


Connecticut — 1818  545 

dictates  of  their  consciences,  no  person  shall  by  law  be  compelled  to 
join  or  support,  nor  be  classed  with,  or  associated  to,  any  congrega- 
tion, church,  or  religious  association.  But  every  person  now  belong- 
ing to  such  congregation,  church,  or  religious  association,  shall  remain 
a  member  thereof  until  he  shall  have  separated  himself  therefrom  in 
the  manner  hereinafter  provided.  And  each  and  every  society  or 
denomination  of  Christians  in  this  State  shall  have  and  enjoy  the 
same  and  equal  powers,  rights,  and  privileges;  and  shall  have  power 
and  authority  to  support  and  maintain  the  ministers  or  teachers  of 
their  respective  denominations,  and  to  build  and  repair  houses  for 
public  worship  by  a  tax  on  the  members  of  any  such  society  only,  to 
be  laid  by  a  major  vote  of  the  legal  voters  assembled  at  any  society 
meeting,  warned  and  held  according  to  law,  or  in  any  other  manner. 
Sec.  2.  If  any  person  shall  choose  to  separate  himself  from  the 
society  or  denomination  of  Christians  to  Avhich  he  maj^  belong,  and 
shall  leave  a  written  notice  thereof  with  the  clerk  of  such  society,  he 
shall  thereupon  be  no  longer  liable  for  any  future  expenses  which  may 
be  incurred  by  said  society. 

Article  Eighth  ~ 

of  education 

Section  1.  The  charter  of  Yale  College,  as  modified  by  agreement 
with  the  corporation  thereof,  in  pursuance  of  an  Act  of  the  General 
Assembly,  passed  in  May,  1792,  is  hereby  confirmed. 

Sec.  2.  The  fund  called  the  School  Fund  shall  remain  a  perpetual 
fund,  the  interest  of  which  shall  be  inviolably  appropriated  to  the 
support  and  encouragement  of  the  public  or  common  schools  through- 
out the  State,  and  for  the  equal  benefit  of  all  the  people  thereof.  The 
value  and  amount  of  said  fund  shall,  as  soon  as  practicable,  be  ascer- 
tained in  such  manner  as  the  General  Assembly  msiy  prescribe,  pub- 
lished, and  recorded  in  the  Comptroller's  office,  and  no  law  shall  ever 
be  made  authorizing  said  fund  to  be  diverted  to  any  other  use  than 
the  encouragement  and  support  of  public  or  common  schools,  among 
the  several  school  societies,  as  justice  and  equity  shall  require. 

Article  Ninth 
OF  impeachments 

Section  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate.  When  sit- 
ting for  that  purpose,  they  shall  be  on  oath  or  affirmation.  No 
person  shall  be  convicted  without  tiie  concurrence  of  tAvo-thirds  of 
the  members  present.  When  the  Governor  is  impeached,  the  Chief 
Justice  shall  preside. 

Sec.  3.  The  Governor,  and  all  other  executive  and  jndicial  officers, 
shall  be  liable  to  impeachment;  but  judgments  in  such  cases  shall 
not  extend  further  than  to  removal  from  office  and  disqualification 
to  hold  any  office  of  honor,  trust,  or  profit  under  this  State.  The 
party  convicted  shall,  nevertheless,  be  liable  and  subject  to  indictment, 
trial,  and  punishment  according  to  law. 


546  Connecticut — 1818 

Sec.  4.  Treason  against  the  State  shall  consist  only  in  leA'^'ing  war 
against  it,  or  adhering  to  its  enemies,  <?ivin<!;  them  aid  and  comfort. 
]>o  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession  in  oj>en  court. 
No  conviction  of  treason  or  attainder  shall  work  corruption  of  blood 
or  forfeiture. 

Article  Tenth 

general  provisions 

Section  1.  Members  of  the  General  Assembly,  and  all  olficers, 
executive  and  judicial,  shall,  l)efore  they  enter  on  the  duties  of  their 
respective  offices,  take  the  following  oath  or  affirmation,  to  wit : 

You  do  solemnly  swear,  or  affirm  (as  the  case  may  be),  that  you 
will  support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  Connecticut,  so  long  as  you  continue  a  citizen 
thereof;  and  that  vou  will  faithfully  discharge,  according  to  law, 
the  duties  of  the  oftice  of  to  the  best  of  your  abilities.     So 

help  you  God. 

Sec.  2.  Each  town  shall  annually "  elect  selectmen,  and  such  officers 
of  local  police  as  the  laws  may  prescribe. 

Sec.  3.  The  rights  and  duties  of  all  corporations  shall  remain  as 
if  this  Constitution  had  not  been  adopted;  with  the  exception  of 
such  regulations  and  restrictions  as  are  contained  in  this  Constitution. 
All  judicial  and  civil  officers  now  in  office,  who  have  been  appointed 
by  the  General  Assembly,  and  commissioned  according  to  law,  and 
all  such  officers  as  shall  be  appointed  by  the  said  Assembly,  and  com- 
missioned as  aforesaid,  be  tore  the  first  Wednesday  of  May  next, 
shall  continue  to  hold  their  offices  until  the  first  day  of  June  next, 
unless  they  shall  before  that  time  resign,  or  be  removed  from  office 
according  to  law.  The  Treasurer  and  Secretary  shall  continue  in 
office  until  a  Treasurer  and  Secretary  shall  be  appointed  under  this 
Constitution.  All  military  officers  shall  continue  to  hold  and  exercise 
their  respective  offices  imtil  they  shall  resign  or  be  removed  accord- 
ing to  law.  All  laws  not  contrary  to,  or  inconsistent  with,  the  j)ro- 
visions  of  this  Constitution  shall  remain  in  force  until  they  shall 
expire  by  their  own  limitation,  or  shall  be  altered  or  repealed  by  the 
General  Assembly,  in  pursuance  of  this  Constitution.  The  validity 
of  all  bonds,  debts,  contracts,  as  well  of  individuals  as  of  bodies 
corporate,  or  the  State,  of  all  suits,  actions,  or  rights  of  action,  both 
in  law  and  equity,  shall  continue  as  if  no  change  had  taken  place. 
The  Governor,  Lieutenant-Governor,  and  General  Assembh'  which 
is  to  be  formed  in  October  next,  shall  have  and  possess  all  the  powers 
and  authorities  not  repugnant  to,  or  inconsistent  with,  this  Constitu- 
tion, which  they  now  have  and  possess,  until  the  first  Wednesday  of 
May  next. 

Sec.  4.  No  judge  of  the  Superior  Court,  or  of  the  Supreme  Court 
of  Errors;  no  member  of  Congress;  no  person  holding  an}^  office 
under  the  authority  of  the  United  States;  no  person  holding  the 
office  of  Treasurer,  Secretary,  or  Comptroller;  no  sheriff  or  sheriff's 
deputy  shall  be  a  member  of  the  General  Assembly. 

o  Altered  by  amendment  of  1905. 


Connecticut— 1828  b^l 

Article  Eleventh 
of  amendments  to  the  constitution 

Whenever  a  majority  of  the  House  of  Representatives  shall  deem 
it  necessary  to  alter  or.  amend  this  Constitution,  they  may  propose 
such  alteration  and  amendments;  which  proposed  amendments  shall 
be  continued  to  the  next  General  Assembly,  and  be  published  with 
the  laws  which  may  have  been  passed  at  the  same  session;  and  if 
two-thirds  of  each  House,  at  the  next  session  of  said  Assembly,  shall 
approve  the  amendments  proposed  by  yeas  and  nays,  said  amend- 
ments shall,  by  the  Secretary,  be  transmitted  to  the  town  clerk  in 
each  town  in  the  State,  whose  duty  it  shall  be  to  present  the  same  to 
the  inhabitants  thereof,  for  their  consideration,  at  a  town  meeting, 
legally  warned  and  held  for  that  purpose;  and  if  it  shall  appear,  in  a 
manner  to  be  provided  by  law,  that  a  majority  of  the  electors  present 
at  such  meetings  shall  have  approved  such  amendments,  the  same 
shall  be  valid,  to  all  intents  and  purposes,  as  a  part  of  this  Consti- 
tution. 

Done  in  Convention,  on  the  fifteenth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  eighteen,  and  of  the 
Independence  of  the  United  States  the  forty-third. 

By  order  of  the  Convention, 

Oliv:  Wolcott,  President. 

James  Lanman, 

Robert  Fairchild, 

Clerks. 

AMENDMENTS  TO  THE  CONSTITUTION 

Article  I 
(Adopted  November,  1828) 

From  and  after  the  first  Wednesday  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty,  the  Senate  of  this  State 
shall  consist  of  not  less  than  eighteen  nor  more  than  twenty-four 
members,"  and  be  chosen  by  districts. 

Article  II 
(Adopted  November.  1828)      ' 

The  General  Assembly,  which  shall  be  holden  on  the  first  Wednes- 
day of  May,  in  the  year  one  thousand  eight  hundred  and  twenty-nine, 
shall  divide  the  State  into  districts  for  the  choice  of  Senators,  and 
shall  determine  what  number  shall  be  elected  in  each;  which  dis- 
tricts shall  not  be  less  than  eight  nor  more  than  twenty-four  «  in  num- 
ber, and  shall  always  be  composed  of  contiguous  territorv,  and  in 
forming  them  no  town  shall  be  divided,  nor  shall  the  whole  or  part 
of  one  county  be  joined  to  the  whole  or  part  of  another  county  to 
form  a  district :  regard  being  had  to  the  population  in  said  apportion- 

« Altered  by  amendment  of  1901. 


548  Connecticut— 18^8— 1832 

ment,  and  in  forming  said  districts,  in  such  manner  that  no  county 
shall  have  less  than  two  senators.  The  districts,  when  established, 
shall  continue  the  same  until  the  session  of  the  General  Assembly 
next  after  the  completion  of  the  next  census  of  the  United  States; 
which  said  Assembly  shall  have  power  to  alter  the  same,  if  found  nec- 
essary, to  preserve  a  proper  equality  between  said  districts,  in  respect 
to  the  number  of  inhabitants  therein,  according  to  the  principles 
above  recited ;  after  which  said  districts  shall  not  be  altered,  nor  the 
number  of  Senators  altered,  except  at  any  session  of  the  General  As- 
sembly next  after  the  completion  of  a  census  of  the  United  States, 
and  then  only  according  to  the  principles  above  prescribed. 

Artk'le  III 

(A(lopte<1  NovemlKT,  1828) 

At  the  meeting  of  the  electors  on  the  first  Monday  of  April,  in  the 
year  one  thousand  eight  hundred  and  thirty,  and  annually  thereafter, 
immediately  after  the  choice  of  Representatives,  the  electors  quali- 
fied by  law  to  vote  in  the  choice  of  such  Representatives  shall  be 
called  upon  by  the  presiding  officer  in  such  meeting,  in  the  several 
towns  within  their  districts,  respectively,  to  biing  in  their  ballots 
for  such  person  or  number  of  persons  to  be  Senator  or  Senators  for 
such  districts  in  the  next  General  Assembly,  as  shall  by  law  be 
allowed  to  such  districts  respectively ;  <*  which  person  or  persons  at 
the  time  of  holding  such  meetings  shall  belong  to  and  reside  in  the 
respective  districts  in  which  they  shall  be  so  balloted  for,  as  afore- 
said; and  each  elector  present  at  such  meeting,  qualified  as  aforesaid, 
may  thereupon  bring  in  his  ballot  or  suffrage  for  such  person  or 
persons  as  he  shall  choose  to  be  Senators  for  such  district,  not  exceed- 
mg  the  number  by  law  allowed  to  the  same,  with  the  name  or  names 
of  such  person  or  persons  fairly  written  on  one  piece  of  paper.^  And 
the  votes  so  given  in  shall  be  received,  counted,  canvassed,  and  de- 
clared in  the  same  manner  now  provided  by  the  Constitution  for  the 
choice  of  Senators.  The  person  or  persons,  not  exceeding  the  num- 
ber by  law  allowed  to  the  districts  in  which  such  votes  shall  be  given 
in,  having  the  highest  number  of  votes,  shall  be  declared  to  be  duly 
elected  for  such  districts;  but  in  the  event  of  an  equality  of  votes 
between  two  or  more  of  the  persons  so  voted  for,  the  House  of  Repre- 
sentatives shall,  in  the  manner  provided  for  by  the  Constitution, 
designate  which  of  such  person  or  persons  shall  be  declared  to  be 
duly  elected. 

Article  IV 

(Adopted  November,  1832) 

There  shall  annually  '^  be  chosen  and  appointed  a  Lieutenant-Gov- 
ernor, a  Treasurer,  and  Secretary,  in  the  same  manner  as  is  provided 
in  the  second  section  of  the  fourth  article  of  the  Constitution  of  this 
State,  for  the  choice  and  appointment  of  a  Governor. 

o  Altered  by  amendment  of  1836. 

»  Altered  by  iimendnionts  of  1836  and  1905. 

c  Altered  by  amendment  of  1875. 


Connecticut— 1836— 1845  549 

Article  V 

(Adopted  November,  1836) 

A  Comptroller  of  Public  Accounts  shall  be  annually  «  chosen  by  the 
electors,  at  their  meeting  in  April,  and  in  the  same  manner  as  the 
Treasurer  and  Secretary  are  chosen,  and  the  votes  for  Comptroller 
shall  be  returned  to,  and  counted,  canvassed,  and  declared  by  the 
Treasurer  and  Secretary. 

Article  VI 
(Adopted  November,  1836) 

The  electors  in  the  respective  towns,  on  the  first  Monday  of  April « 
in  each  year,  may  vote  for  Governor,  Lieutenant-Governor,  Treasurer, 
Secretary,  Senators,  and  Re'presentatives  in  the  General  Assembly 
successively,  or  for  any  number  of  said  officers  at  the  same  time,  and 
the  General  Assembly  shall  have  power  to  enact  laws  regulating  and 
prescribing  the  order  and  manner  of  voting  for  said  officers,  and  also 
providing  for  the  election  of  Representatives  at  some  time  subsequent 
to  the  first  Monday  of  April  in  all  cases  when  it  shall  so  happen  that 
the  electors  in  any  town  shall  fail  on  that  day  to  elect  the  Representa- 
tive or  Representatives  to  which  such  town  shall  be  by  law  entitled : 
'provided,  that  in  all  elections  of  officers  of  the  State,  or  members  of 
the  General  Assembly,  the  votes  of  the  electors  shall  be  by  ballot,* 
either  written  or  printed. 

Article  VII 

(Adopted  October,  1838) 

A  sheriff  shall  be  appointed  in  each  county  by  the  electors  therein, 
in  such  manner  as  shall  be  prescribed  by  law,  who  shall  hold  his  office 
for  three  years,*'  removable  by  the  General  Assembly,  and  shall 
become  bound  with  sufficient  sureties  to  the  Treasurer  of  the  State  for 
the  faithful  discharge  of  the  duties  of  his  office. 

Article  VIII 
(Adopted  October,  1845) 

Every  white ''  male  citizen  of  the  United  States,  who  shall  have 
attained  the  age  of  twenty-one  years,  who  shall  have  resided  in  this 
State  for  a  term  of  one  year  next  preceding,  and  in  the  town  in  which 
he  may  offer  himself  to  be  admitted  to  the  privileges  of  an  elector,  at 
least  six  month  next  preceding  the  time  he  may  so  offer  himself  ^  and 
shall  sustain  a  good  moral  character,  shall,  on  his  taking  such  oath 
as  may  be  prescribed  by  law,  be  an  elector. 

a  Altered  by  amendment  of  1875. 

6  Altered  by  amendment  of  1905. 

c  Altered  by  amendment  of  1886. 

<i  Altered  by  amendments  of  1876  and  1897. 

«  Altered  by  amendment  of  1855. 


550  Connecticut— 1850— 1864 

Article  IX 

(Adoph^l  October,  1850) 

The  Judges  of  Probate  shall  be  appointed  by  the  electors  residing 
in  the  several  probate  districts,  and  (jiialitied  to  vote  for  Representa- 
tives therein,  in  such  manner  as  shall  he  prescribed  by  law. 

Article  X 

(Adoptetl  October,  1850) 

The  Justices  of  the  Peace  for  the  several  towns  in  this  State  shall 
Ije  appointed  by  the  electors  in  such  towns;  and  the  time  and  manner 
of  their  election,  the  number  for  each  town,  and  the  period  for  which 
they  shall  hold  their  offices,  shall  be  prescribed  by  law. 

Article  XI 

(Adopted  October.  1855) 

Every  person  shall  be  able  to  read  any  article  of  the  Constitution, 
or  any  section  of  the  Statutes  of  this  State,  before  being  admitted  an 
elector." 

Article  XII 

(Adopted  October,  1856) 

The  Judges  of  the  Supreme  Court  of  Errors,  and  of  the  Superior 
Court,  appointed  in  the  year  1855,  and  thereafter,  shall  hold  their 
offices  for  the  term  of  eight  years,  but  may  be  removed  by  impeach- 
ment; and  the  Governor  shall  also  remove  them  on  the  address  of 
two-thirds  of  each  house  of  the  General  Assembly.  No  Judge  of  the 
Supreme  Court  of  Errors,  or  of  the  Superior  Court,  shall  be  capable 
of  holding  office  after  he  shall  arrive  at  the  age  of  seventy  years. 

Article  XIII 

(Adopted  August.  1804) 

[Every  elector  of  this  State  who  shall  be  in  the  military  service  of 
the  I'l^nited  States,  either  as  a  drafted  person  or  volunteer,  during  the 
present  rebellion,  shall  when  absent  from  this  State,  because  of  such 
service,  have  the  .same  right  to  vote  in  any  election  of  State  officers, 
Representatives  in  Congress,  and  electors  of  President  and  Vice- 
President  of  the  United  States,  as  he  wwild  have  if  present  at  the 
time  appointed  for  such  election,  in  the  town  in  which  he  resided  at 
the  time  of  his  enlistment  into  such  service.  This  provision  shall  in 
no  case  extend  to  persons  in  the  regular  army  of  the  United  States, 
and  shall  cease  and  become  inoperative  and  void  upon  the  termina- 
tion of  the  present  war. 

The  General  As.sembly  shall  pre.scrilx\  by  law,  in  what  manner  and 
at  what  time  the  votes  of  electors  absent  from  this  State,  in  the  mili- 
tary service  of  the  United  States,  shall  be  received,  counted,  returned, 
and  canvas.sed.]  ^ 

"Altered  by  auiendment  of  1897. 
6  Now  inoperative. 


Connecticut— 1873- -1875  551 

Article  XIV 
(Adopted  October,  1873) 

All  annual  and  special  sessions  of  the  General  Assembly  shall,  on 
and  after  the  first  Wednesday  of  May,  A.  D.  1875,  be  held  at  Hart- 
ford, but  the  person  administering  the  office  of  Governor  may,  in  case 
of  special  emergency,  convene  said  Assembly  at  any  other  place  in 
this  State. 

Article  XV 

(Adopted  October,  1874) 

The  House  of  Representatives  shall  consist  of  electors  residing  in 
towns  from  Avhich  they  are  elected.  Every  town  which  now  con-, 
tains,  or  hereafter  shall  contain,  a  population  of  five  thousand,  shall 
be  entitled  to  send  two  representatives,  and  every  other  one  shall  be 
entitled  to  its  present  representation  in  the  General  Assembly.  The 
population  of  each  town  shall  be  determined  by  the  enumeration 
made  under  the  authority  of  the  census  of  the  United  States  next 
before  the  election  of  Representatives  is  held. 

Article  XVI 

Adopted  October,  187.5 

Section  1.  A  general  election  for  Governor,  Lieutenant-Governor, 
Secretary  of  State,  Treasurer,  Comptroller,  and  members  of  the  Gen- 
eral Assembly,  shall  be  held  on  the  Tuesday  after  the  first  Monday 
of  November,  1870,  and  annualh^  thereafter,  for  such  officers  as  are 
herein  and  may  be  hereafter  prescribed." 

Sec.  2.  The  State  officers  above  named,  and  the  Senators  from  those 
districts  having  even  numbers,  elected  on  the  Tuesday  after  the  first 
Monday  of  November,  187G,  and  those  elected  biennially  thereafter 
on  the  Tuesday  after  the  first  Monday  of  November,  shall  respec- 
tively hold  their  offices  for  two  years  from  and  after  the  Wednesday 
following  the  first  Monday  of  the  next  succeeding  January.  The 
Senators  from  those  districts  having  odd  numbers  elected  on  the  Tues- 
day after  the  first  Monday  of  November.  1870,  shall  hold  their  offices 
for  one  year  from  and  after  the  Wednesday  following  the  first 
Monday  of  January,  1877;  the  electors  residing  in  the  senatorial  dis- 
tricts having  odd  numbers  shall,  on  the  Tuesday  after  the  first  Mon- 
day of  November,  1877,  and  biennially  thereafter,  elect  Senators  .who 
shall  hold  their  offices  for  two  years  from  and  after  the  Wednesday 
following  the  first  Monday  of  the  next  succeeding  January.  The 
Representatives  elected  from  the  several  towns  on  the  Tuesday  after 
the  first  Monday  of  November,  1870,  and  those  elected  annually  there- 
after, shall  hold  their  offices  for  one  year  from  and  after  the  Wednes- 
day following  the  first  Monday  of  the  next  succeeding  January." 

Sec,  3.  There  shall  be  a  stated  session  of  the  General  Assembly  in 
Hartford  on  the  Wednesday  after  the  first  Monday  of  January,  1877, 
and  annually  «  thereafter  on  the  Wednesday  after  the  first  Monday  of 
January. 

o  Altered  by  amendment  of  1884. 


552  Connecticut— 187S— 1876 

Sec.  4.  The  persons  avIio  shall  l)e  severally  elected  to  the  State 
offices  and  General  Assembly  on  the  first  Monday  of  April,  1876, 
shall  hold  such  offices  only  until  the  Wednesday  aiter  the  first  Mon- 
day of  January,  1877. 

Sec.  5.  The  General  Assembly  elected  in  April,  1876,  shall  have 
power  to  pass  such  laws  as  may  be  necessary  to  carry  into  effect  the 
provisions  of  this  amendment. 

Article  XVIT 

(Adopted  October,  1875) 

The  General  Assembly  shall  have  power,  by  a  vote  of  two-thirds  of 
the  members  of  both  branches,  to  restore  the  privileges  of  an  elector 
to  those  who  may  have  forfeited  the  same  by  a  conviction  of  crime. 

Article  XVIII  ' 

(Adopted  October,  1876) 

In  case  a  new  town  snail  hereafter  be  incorporated,  such  new  town 
shall  not  be  entitled  to  a  Eepresetative  in  the  General  Assembly  unless 
it  has  at  least  twenty-five  hundred  inhabitants,  and  unless  the  town 
from  which  the  major  portion  of  its  territory  is  taken  has  also  at 
least  twenty-five  hundred  inhabitants;  but  until  such  towns  shall 
each  have  at  least  twenty-five  hundred  inhabitants,  such  new  town 
shall,  for  the  purpose  of  representation  in  the  General  Assembly, 
be  attached  to  and  be  deemed  to  be  a  part  of,  the  towm  from  which 
the  major  portion  of  its  territory  is  taken,  and  it  shall  be  an  election 
district  of  such  town  for  the  purpose  of  representation  in  the  House 
of  Representatives. 

Article  XIX 

(Adopted  October,  1876) 

The  provisions  of  Section  2,  Article  IV  of  the  Constitution,  and  of 
the  amendments  thereto,  shall  apply,  mutatis  mutandis,  to  all  elections 
held  on  the  Tuesday  after  the  first  Monday  of  November,  1876,  and 
annually  thereafter. 

Article  XX 

(Adopted  October,  1876) 

Judges  of  the  Courts  of  Common  Pleas  and  of  the  District  Courts 
shall  be  appointed  for  terms  of  four  years.  Judges  of  the  City  Courts 
and  Police  Courts  shall  be  appointed  for  terms  of  two  years. 

Article  XXI 

(Adopted  October,  1876) 

Judges  of  Probate  shall  be  elected  by  the  electors  residing  in  their 
respective  districts  on  the  Tuesday  after  the  first  Monday  of  Novem- 
ber, 1876,  and  biennially  thereafter.  Those  persons  elected  Judges 
of  Probate  on  the  Tuesday  after  the  first  Monday  of  November.  1876, 
and  those  elected  biennially  thereafter,  shall  hold  their  offices  for  two 


Connecticut— 1876— 1880  553 

years  from  and  after  the  Wednesday  after  the  first  Monday  of  the 
next  succeeding  January.  Those  persons  elected  Judges  of  Probate 
on  the  first  Monday  of  April,  1876,  shall  hold  their  offices  only 
until  the  Wednesday  after  the  first  Monday  of  January,  1877. 

Article  XXII 
(Adopted  October,  1876) 

The  compensation  of  members  of  the  General  Assembly  shall  not 
exceed  three  hundred  dollars  per  annum,  and  one  mileage  each  way 
for  each  session,  at  the  rate  of  twenty-five  cents  per  mile.* 

Article  XXIII 
(Adopted  October,  1876) 

That  Article  VIII  of  the  amendments  to  the  Constitution  be 
amended  by  erasing  the  word  "  white  "  from  the  first  line. 

Article  XXIV 

(Adopted  October,  1877) 

Neither  the  General  Assembly  nor  any  County,  City,  Borough, 
Town,  or  School  District  shall  have  power  to  pay  or  grant  any  extra 
compensation  to  any  public  officer,  employe,  agent,  or  servant,  or 
increase  the  compensation  of  any  public  officer  or  employe,  to  take 
effect  during  the  continuance  in  office  of  any  person  whose  salary 
might  be  increased  thereby,  or  increase  the  pay  or  compensation  of 
any  public  contractor  above  the  amount  specified  in  the  contract. 

Article  XXV 
(Adopted  October.  1877) 

No  County,  City,  Town,  Borough,  or  other  municipality  shall  ever 
subscribe  to  the  capital  stock  of  any  railroad  corporation,  or  become 
a  purchaser  of  the  bonds,  or  make  donation  to,  or  loan  its  credit, 
directly  or  indirectly,  in  aid  of  any  such  corporation;  but  nothing 
herein  contained  shall  affect  the  validity  of  any  bonds  or  debts  in- 
curred under  existing  laws,  nor  be  construed  to  prohibit  the  General 
Assembly  from  authorizing  any  Town  or  City  to  protect,  by  addi- 
tional appropriations  of  money  or  credit,  any  railroad  deot  con- 
tracted prior  to  the  adoption  of  this  amendment. 

Article  XXVI 

(Adopted  October,  1880) 

The  Judges  of  the  Supreme  Court  of  Errors  and  of  the  Superior 
C!ourt  shall,  upon  nomination  of  the  Governor,  be  appointed  by  the 
General  Assembly,  in  such  manner  as  shall  by  law  be  prescribed. 

"Altered  by  amendment  of  1884. 


554  Connecticut— 1884— 1901 

Article  XXVII 
(Adopted  October,  1884) 

Section  1.  A  general  election  for  CJovernor.  Lieutenant-Governor, 
Secretary,  Treasurer,  Comptroller,  and  inemlx'rs  of  the  (ieneral  As- 
sembly, shall  be  held  on  the  Tuesday  after  the  first  Monday  of 
Noveml)er,  1880,  and  biennially  thereafter  for  such  officers  as  arc 
herein  and  nuiy  Ix^  hereafter  prescril)ed. 

Sec.  2.  The  State  officers  above  named,  and  meml)ers  of  the  (Jeneral 
Assembly,  elected  on  the  Tuesday  after  the  first  Monday  of  November, 
1886,  and  those  elected  biennially  thereafter  on  the  Tuesday  after  the 
first  Monday  of  Noveml)er.  shall  hold  their  respective  offices  from  the 
Wednesday  following;  the  first  Monday  of  the  next  succeeding  Janu- 
ary until  the  AVednesday  after  the  first  Monday  of  the  third  succeed- 
ing January,  and  until  their  successors  are  duly  qualified. 

Sec.  3.  The  compensation  of  members  of  the  CJeneral  Assembly 
shall  not  exceed  three  hundred  dollars  for  the  term  for  which  they 
are  elected,  and  one  mileage  each  way  for  the  regular  session,  at  the 
rate  of  twenty-five  cents  per  mile;  they  shall  also  receive  one  mileage 
at  the  same  rate  for  attending  any  extra  session  called  bj'  the 
Governor. 

Sec.  -4.  The  regular  sessions  of  the  (xeneral  Assembly  shall  com- 
mence on  the  Wednesday  following  the  first  Monday  of  the  January 
next  succeeding  the  election  of  its  members. 

Sec.  5.  The  Senators  elected  on  the  Tuesday  after  the  first  Monday 
of  November,  1885,  shall  hold  their  offices  only  until  the  Wednesday 
after  the  first  Monday  of  January,  1887. 

Article  XXVIII 

(Adopted  October,  1886) 

Sheriffs  shall  be  elected  in  the  several  counties  on  the  Tuesday  after 
the  first  Monday  of  November,  1886,  and  quadrenniallv  thereafter,  for 
the  term  of  four  years,  commencing  on  the  first  day  of  June  following 
their  election. 

Article  XXIX 

(Adopted  October,  1897)    . 

Every  person  shall  be  able  to  read  in  the  English  language  any 
article  of  the  Constitution  or  any  section  of  the  Statutes  of  this  State 
before  being  admitted  an  elector. 

Article  XXX 
(Adopted  October,  1901) 

In  the  election  for  Governor,  Lieutenant-Governor,  Secretary, 
Treasurer,  Comptroller,  and  Attorney-General,  the  person  found  by 
the  General  Assembly,  in  the  manner  provided  in  the  fourth  article 
of  the  Constitution  of  this  State,  to  have  received  the  greatest  num- 
ber of  votes  for  each  of  said  offices  respectively,  shall  be  declared  by 
said  Assembly  to  be  elected.    But  if  two  or  more  persons  shall  be 


Connecticut— 1901— 1905  555 

found  to  have  an  equal  and  the  greatest  number  of  votes  for  any  of 
said  offices,  then  the  General  Assembly,  on  the  second  day  of  its  ses- 
sion, by  joint  ballot  of  both  houses,  shall  proceed  without  debate  to 
choose  said  officer  from  a  list  of  the  names  of  the  persons  found  to 
have  an  equal  and  greatest  number  of  votes  for  said  office. 

Article  XXXI 

(Adopted  October,  1901) 

Section  1.  From  and  after  the  Wednesday  after  the  first  Monday 
of  January,  1905,  the  Senate  shall  be  composed  of  not  less  than 
twenty-four  and  not  more  than  thirty-six  members,  who  shall  be 
elected  at  the  electors'  meetings  held  biennially  on  the  Tuesday  after 
the  first  Monday  in  November. 

Sec.  2.  The  General  Assembly  which  shall  be  held  on  the  Wednes- 
day after  the  first  Monday  of  January,  1903,  shall  divide  the  State 
into  senatorial  districts,  as  hereinafter  provided ;  the  number  of  such 
districts  shall  not  be  less  than  twenty-four  nor  more  than  thirty-six, 
and  each  district  shall  elect  only  one  Senator.  The  districts  shall 
always  be  composed  of  contiguous  territory,  and  in  forming  them 
regard  shall  be  had  to  population  in  the  several  districts,  that  the 
same  may  be  as  nearly  equal  as  possible  under  the  limitations  of  this 
amendment.  Neither  the  whole  or  a  part  of  one  county  shall  be 
joined  to  the  whole  or  a  part  of  another  county  to  form  a  district, 
and  no  town  shall  be  divided,  unless  for  the  purpose  of  forming  more 
than  one  district  wholly  within  such  town,  and  each  county  shall 
have  at  least  one  Senator.  The  districts,  when  established  as  herein- 
after provided,  shall  continue  the  same  until  the  session  of  the  Gen- 
eral Assembly  next  after  the  completion  of  the  next  census  of  the 
United  States,  which  General  Assembly  shall  have  power  to  alter  the 
same,  if  found  necessary  to  preserve  a  proper  equality  of  population 
in  each  district,  but  only  in  accordance  with  the  principles  above 
recited ;  after  which  said  districts  shall  not  be  altered,  nor  the  num- 
ber of  Senators  altered,  except  at  a  session  of  the  General  Assembly 
next  after  the  completion  of  a  census  of  the  United  States,  and  then 
only  in  accordance  with  the  principles  hereinbefore  provided. 

Article  XXXII 
(Adopted  October,  1905) 

Each  town  shall,  annually,  or  biennially,  as  the  electors  of  the  town 
may  determine,  elect  selectmen  and  such  officers  of  local  police  as  the 
laws  may  prescribe. 

Article  XXXIII 

•Voting  machines  or  other  mechanical  devices  for  voting  may  be 
used  in  all  elections  in  this  state,  under  such  regulations  as  may  be 
prescribed  by  law ;  provided,  however,  that  the  right  of  secret  voting 
shall  be  preserved. 


DELAWARE 


For  organic  acts  relating  to  ttie  land  now  included  within  Delaware,  see  in 
other  parts  of  this  work : 

Virginia  Charter  of  160G  (Virginia,  p.  3783). 
Dutch  West  India  Company,  1621  (p.  59). 
Maryland  Charter,  1032  (Maryland,  p.  1669). 
Grant  to  the  Dulie  of  York,  1664  (Maine,  p.  1637). 
Grant  to  the  Duke  of  York.  1674  (Maine,  p.  1641). 
Grant  to  Penn,  1681  (Pennsylvania,  p.  303,5). 
Concessions  to  Pennsylvania,  1681  (Pennsylvania,  p.  3044). 
Frames  of  Government  of  Pennsylvania,  1682,  1683,  1696  (Pennsylvania, 
pp.  3052,  30f>4.  3070). 
For  the  charter  to  the  Swedish  South  Company  see  Hazard,  Annals  of  Penn- 
sylvania, pp.  16-20,  Jameson,  William  Usselinx,  114-117. 


CHARTER  OF  DELAWARE— 1701  *  « 

WiixiAM  Penn,  Proprietary  and  Governor  of  the  Province  of  Penn- 
sylvania and  Territories  thereunto  belonging,  To  all  to  whom  these 
Presents  shall  come,  sendeth  Greeting. 

Whereas  King  Charles  the  Second,  by  his  Letter  Patents,  under 
the  Great  Seal  of  England^  bearing  Date  the  Fourth  Day  of  March^ 
in  the  Year  One  Thousand  Six  Hundred  and  Eighty^  was  graciously 
pleased  to  give  and  gi'ant  unto  me,  and  my  Heirs  and  Assigns  for 
ever,  this  Province  of  Pennsylvania^  with  divers  great  Powers  and 
Jurisdictions  for  the  well  Government  thereof. 

And  whereas  the  King's  dearest  Brother,  James  Duke  of  York 
and  Albany,  &c.  by  his  Deeds  of  Feoffment,  under  his  Hand  and 
Seal  duly  perfected,  bearing  Date  the  Ttoenty -Fourth  Day  of  August^ 
One  Thousand  Six  Hundred  Eighty  and  Two^  did  grant  unto  me, 
my  Heirs  and  Assigns,  all  that  Tract  of  Land,  noAV  called  the  Terri- 
tories of  Peniisylvania^  together  with  Powers  and  Jurisdictions  for 
the  good  Government  thereof. 

And  whereas,  for  the  Encouragement  of  all  the  Freemen  and 
Planters,  that  might  be  concerned  in  the  said  Province  and  Terri- 
tories, and  for  the  good  Government  thereof,  I  the  said  William 
Penn,  in  the  Year  One  Thousand,  Six  Hundred  Eighty  and  Three ^ 
for  me,  my  Heirs  and  Assigns,  did  grant  and  confirm  unto  all  the 
Freemen,  Planters  and  Adventurers  therein,  divers  Liberties,  Fran- 
chises and  Properties,  as  by  the  said  Grant,  entituled.  The  frame  of 

*  Laws  of  the  Government  of  New  Castle,  Kent,  and  Sussex  Upon  Delaware, 
Published  by  Order  of  the  Assembly,  Philadelphia  :  Printed  and  sold  by  B.  Frank- 
lin, at  the  New  Printing  Office.  Market- Street,  MDCCXLI.  3-8. 

a  The  counties  of  "  New-Castle,  Kent  and  Sussex,  upon  Delaware."  were 
granted  by  James  Duke  of  York,  to  William  Penn  in  1682,  and  were  known  as 
"  the  Territories." 

7251— VOL  1—07 38  557 


558  Delaware— 1701 

the  Government  of  the  Province  of  Pennsylvania,  and  Territones 
thereunto  helonging^  in  America,  may  ap[war;  which  Charter  or 
Frame  lx»ing  found,  in  some  Parts  of  it,  not  so  suitable  to  the  present 
Circumstances  of  the  Inhabitants,  was  in  the  Third  Month,  in  the 
Year  One  Thousand  Seven  Hundred,  delivered  up  to  me,  by  Sf.i-  Parts 
of  Seven  of  the  Freemen  of  this  Province  and  Tonitories.  in  (Jeneral 
Assembly  met.  Provision  l>eing  made  in  the  said  Charter,  for  that 
End  and  Purpose. 

And  wiikreas  I  was  then  pleased  to  promise,  That  I  would  restore 
the  said  Charter  to  them  again,  with  necessary  Alterations,  or  in  lieu 
thereof,  give  them  another,  letter  adapted  to  answer  the  present  Cir- 
cumstances and  Conditions  of  the  said  Inhabitants;  which  they  have 
now,  by  their  Representatives  in  General  Assembly  met  at  Philadel- 
phia, requested  me  to  grant. 

Know  ye  therefore.  That  for  the  further  Well-being  and  good 
Government  of  the  said  Province,  and  Territories;  and  in  Pursuance 
of  the  Rights  and  Powers  l)e fore-mentioned,  I  the  said  William  Penn 
do  declare,  grant  and  confirm,  unto  all  the  Freemen,  Planters  and 
Adventurei's,  and  other  Inhabitants  in  this  Province  and  Territories, 
these  following  Liberties,  Franchises  and  Privileges,  so  far  as  in  me 
lieth,  to  he  hekl,  enjoyed  and  kept,  by  the  Freemen,  Planters  and 
Adventurers,  and  other  Inhabitants  of  and  in  the  said  Province  and 
Territories  thereunto  annexed,  for  ever. 

First 

Because  no  People  can  be  truly  happy,  though  under  the  greatest 
Enjoyment  of  Civil  Liberties,  if  abridged  of  the  Freedom  of  their 
Consciences,  as  to  their  Religious  Profession  and  Worship:  And 
Almighty  God  being  the  only  Lord  of  Conscience,  Father  of  Lights 
and  Spirits;  and  the  Author  as  well  as  Object  of  all  divine  Knowl- 
edge, Faith  and  Worship,  who  only  doth  enlighten  the  Minds,  and 
persuade  and  convince  the  Understandings  of  People.  I  do  hereby 
^ant  and  declare.  That  no  Person  or  Persons,  inhabiting  in  this 
Province  or  Territories,  who  shall  confess  and  acknowledge  One 
almighty  God,  the  Creator,  Upholder  and  Ruler  of  the  World ;  and 
professes  him  or  themselves  ooliged  to  live  quietly  under  the  Civil 
Government,  shall  be  in  any  Case  molested  or  prejudiced,  in  his  or 
their  Person  or  Estate,  because  of  his  or  their  consciencious  Persua- 
sion or  Practice,  nor  be  compelled  to  frequent  or  maintain  any  reli- 
gious Worship,  Place  or  Ministry,  contrary  to  his  or  their  Mind,  or  to 
do  or  suffer  any  other  Act  or  Thing,  contrary  to  their  religious 
Persuasion. 

And  that  all  Persons  who  also  profess  to  l)elieve  in  Jeans  Christ, 
the  Saviour  of  the  AVorld,  shall  be  capable  (notwithstanding  their 
other  Persuasions  and  Practices  in  Point  of  Conscience  and  Religion) 
to  serve  this  Government  in  any  Capacity,  both  legislatively  and 
executively,  he  or  they  solemnly  promising,  when  lawfully  required. 
Allegiance  to  the  King  as  Sovereign,  and  Fidelity  to  the  Proprietary 
and  Governor,  and  taking  the  Attests  as  now  established  by  the  Law 
made  at  Newcastle,  in  the  Year  One  Thousand  and  Seven  Hundred, 
entituled.  An  Act  directing  the  Attests  of  several  Officers  and  Min- 
isters, as  now  amended  and  confirmed  this  present  Assembly. 


Delaware— 1701  559 

II. 

For  the  well  governing  of  this  Province  and  Territories,  there  shall 
be  an  Assembly  yearly  chosen,  by  the  Freemen  thereof,  to  consist 
of  Fovr  Persons  out  of  each  County,  of  most  Note  for  Virtue,  Wis- 
dom and  Ability,  (or  of  a  greater  Number  at  any  Time,  as  the  Gov- 
ernor and  Assembly  shall  agree)  upon  the  First  Day  of  October  for 
ever;  and  shall  sit  on  the  Fourteenth  Day  of  the  same  Month,  at 
Philadelphia,  unless  the  Governor  and  Council  for  the  Time  being, 
shall  see  Cause  to  appoint  another  Place  within  the  said  Province 
or  Territories :  Wliich  Assembly  shall  have  Power  to  chuse  a  Speaker 
and  other  their  Officers;  and  shall  be  Judges  of  the  Qualifications 
and  Elections  of  their  own  Members;  sit  upon  their  own  Adjourn- 
ments ;  appoint  Committees ;  prepare  Bills  in  order  to  pass  into  Laws ; 
impeach  Criminals,  and  redress  Grievances;  and  shall  have  all  other 
Powers  and  Privileges  of  an  Assembly,  according  to  the  Rights  of 
the  free-born  Subjects  of  England,  and  as  is  usual  in  any  of  the 
King's  Plantations  in  America. 

And  if  any  County  or  Counties,  shall  refuse  or  neglect  to  chuse 
their  respective  Eepresentatives  as  aforesaid,  or  if  chosen,  do  not 
meet  to  serve  in  Assembly,  those  who  are  so  chosen  and  met,  shall 
have  the  full  Power  of  an  Assembly,  in  as  ample  Manner  as  if  all 
the  Representatives  had  been  chosen  and  met,  provided  they  are  not 
less  than  Two  Thirds  of  the  whole  Number  that  ought  to  meet. 

And  that  the  Qualifications  of  Electors  and  Elected,  and  all  other 
Matters  and  Things  relating  to  elections  of  Representatives  to  serve 
in  Assemblies,  though  not  herein  particularly  expressed,  shall  be  and 
remain  as  by  a  Law  of  this  Government,  made  at  Newcastle,  in  the 
Year  One  Thousand  Seven  Hundred,  entituled,  An  Act  to  ascertain 
the  Number  of  Members  of  Assembly,  and  to  regulate  the  Elections. 

III. 

That  the  Freemen  in  each  respective  County,  at  the  Time  and 
Place  of  Meeting  for  electing  their  Representatives  to  serve  in 
Assembly,  may  as  often  as  there  shall  be  Occasion,  chuse  a  double 
Number  of  Persons  to  present  to  the  Governor  for  Sheriffs  and 
Coroners,  to  serve  for  Three  Years,  if  so  long  they  behave  themselves 
well;  out  of  which  respective  Elections  and  Presentments,  the  Gov- 
ernor shall  nominate  and  commissionate  one  for  each  of  the  said 
Offices,  the  Third  Day  after  such  Presentment,  or  else  the  First  named 
in  such  Presentment,  for  each  Office  as  aforesaid,  shall  stand  and 
serve  in  that  Office  for  the  Time  before  respectively  limited;  and  in 
case  of  Death  or  Default,  such  Vacancies  shall  be  supplied  by  the 
Governor,  to  serve  to  the  End  of  the  said  Term. 

Provided  always.  That  if  the  said  Freemen  shall  at  any  Time  neg- 
lect or  decline  to  chuse  a  Person  or  Persons  for  either  or  both  the 
aforesaid  Offices,  then,  and  in  such  Case,  the  Persons  that  are  or  shall 
be  in  the  respective  Offices  of  Sheriffs  or  Coroners,  at  the  Time  of 
Election,  shall  remain  therein,  until  they  shall  be  removed  by  another 
Election  as  aforesaid. 

And  that  the  Justices  of  the  respective  Counties  shall  or  may 
nominate  and  present  to  the  Governor  Three  Persons,  to  serve  for 


560  Delaware— 1701 

Clerk  of  the  Peace  for  the  said  County,  when  there  is  a  Vacancy,  one 
of  which  the  (iovernor  shall  conunissionate  within  7^e7i  Days  after 
such  l*rt*sentment,  or  else  the  First  nominated  shall  serve  in  the  said 
Office  during  good  Behaviour. 

IV. 

That  the  Laws  of  this  (lovernnient  shall  be  in  this  Stile,  viz.  lii/ 
the  Gofernor^  with  the  Consent  and  Approbation  of  the  Freemen  in 
General  Aftxemhly  nwt;  and  shall  lx\  atter  Confirmation  by  the  Gov- 
ernor, forthwith  recorded  in  the  Kolls  Office,  and  kept  at  Philadel- 
phia^ unless  the  Governor  and  Assembly  shall  agree  to  appoint 
another  Place. 

V. 

That  all  Criminals  shall  have  the  same  Privileges  of  Witnesses 
and  Council  as  their  Prosecutors. 

VI. 

That  no  Person  or  Persons  shall  or  may,  at  any  Time  hereafter,  Ix'. 
obliged  to  answer  any  Complaint,  Matter  or  Thing  whatsoever,  relat- 
ing to  Property.  l)efore  the  (Jovernor  and  Council,  or  in  any  other 
Place,  but  in  ordinary  Course  of  Justice,  unless  Appeals  thereunto 
yhall  bo  hereafter  by  Law  appointed. 

VII. 

That  no  Person  within  this  (ioverimient,  shall  be  licensed  by  the 
Governor  to  keep  an  Ordinary,  Tavern,  or  House  of  publick  Enter- 
tainment, but  such  who  are  first  recommended  to  him,  under  the 
Hands  of  the  Justices  of  the  respective  Counties,  signed  in  open 
Court ;  Avhich  Justices  ari'  and  shall  be  hereby  impowered,  to  sup- 
press and  forbid  {'.ny  Person,  keeping  such  Publick-House  as  afore- 
said, upon  their  Misbehaviour,  on  such  Penalties  as  the  Law  doth  or 
shall  direct ;  and  to  recommend  others,  from  time  to  time,  as  they  shall 
see  Occasion. 

VIIL 

If  any  Person,  through  Temptation  or  Melancholy,  shall  destroy 
himself,  his  Estate,  real  and  personal,  shall  notwithstanding  descend 
to  his  Wife  and  Children,  or  Relations,  as  if  he  had  died  a  natural 
Death ;  and  if  any  Person  shall  Ije  destroyed  or  killed  by  Casualty  or 
Accident,  there  shall  be  no  F'orfeiture  to  the  Governor  by  Reason 
thereof. 

And  no  Act,  Law  or  Ordinance,  whatsoever,  shall  at  any  Time 
hereafter,  be  made  or  done,  to  alter,  change  or  diminish  the  Form  or 
Effect  of  this  Charter,  or  of  any  Part  or  Clause  therein,  contrary  to 
the  true  Intent  and  Meaning  thereof,  without  the  Consent  of  the 
Governor  for  the  Time  being,  and  Six  Parts  of  Seven  of  the  Assembly 
met. 

But,  because  the  Happiness  of  Mankind  depends  so  much  upon  the 


Delaware— 1701  561 

Enjoying  of  Liberty  of  their  Consciences,  as  aforesaid,  I  do  hereby 
solemnly  declare,  promise  and  grant,  for  me,  my  Heirs  and  Assigns, 
That  the  First  Article  of  this  Charter  relating  to  Liberty  of  Con- 
science, and  every  Part  and  Clause  therein,  according  to  the  true 
Intent  and  Meaning  thereof,  shall  be  kept  and  remain,  without  any 
Alteration,  inviolably  for  ever. 

And  lastly,  I  the  said  William  Penn,  Proprietary  and  Governor 
of  the  Province  of  Pennsylvania,  and  Territories  thereunto  belong- 
ing, for  myself,  my  Heirs  and  Assigns,  have  solemnly  declared, 
granted  and  confirmed,  and  do  herebv  solemnly  declare,  grant  and 
confirm.  That  neither  I,  my  Heirs  or  Assigns,  shall  procure  or  do 
any  Thing  or  Things  whereby  the  Liberties  in  this  Charter  contained 
and  expressed,  nor  an}'  Part  thereof,  shall  be  infringed  or  broken : 
And  if  any  thing  shall  be  procured  or  done,  by  any  Person  or  Per- 
sons, contrar}'^  to  these  Presents,  it  shall  be  held  of  no  Force  or  Effect. 

Ix  WITNESS  whereof,  I  the  said  Willmm,  Penn,  at  Philadelphia  in 
Pennsylvania,  have  unto  this  j^resent  Charter  of  Liberties,  set  mj' 
Hand  and  broad  Seal,  this  Twenty-Eighth  Day  of  October,  in  the 
Year  of  Our  Lord  One  Thousand  Seven  Hnndred  and  One,  being  the 
Thirteenth  Year  of  the  Eeign  of  King  "William  the  Third,  over 
England,  Scotland,  France,  and  Ireland,  Sco,.,  and  the  Twenty-First 
Year  of  my  Government. 

And  notw^ithstanding  the  Closure  and  Test  of  this  present  Char- 
ter as  aforesaid,  I  think  fit  to  add  this  following  Proviso  thereunto, 
as  Part  of  the  same,  That  is  to  say.  That  notwithstanding  any  Clause 
or  Clauses  in  the  above-mentioned  Charter,  obliging  the  Province  and 
Territories  to  join  together  in  Legislation,  I  am  content,  and  do 
hereby  declare,  that  if  the  Representatives  of  the  Province  and  Ter- 
ritories shall  not  hereafter  agree  to  join  together  in  Legislation,  and 
that  the  same  shall  be  signified  unto  me,  or  my  Deputy,  in  open 
Assembly,  or  otherwise,  from  under  the  Hands  and  Seals  of  the 
Representatives,  for  the  Time  being,  of  the  Province  and  Territories, 
or  the  major  part  of  either  of  them,  at  any  Time  within  Three  Years 
from  the  Date  hereof,  that  in  such  Case,  the  Inhabitants  of  each  of 
the  Three  Counties  of  this  Province,  shall  not  have  less  than  Eight 
Persons  to  represent  them  in  Assembly,  for  the  Province;  and  the 
Inhabitants  of  the  Town  of  Philadelj)hia,  (when  the  said  Town  is 
incorporated)  Two  Persons  to  represent  them  in  Assembly;  and  the 
Inhabitants  of  each  County  in  the  Territories,  shall  have  as  many 
Persons  to  represent  them  in  a  distinct  Assembly  for  the  Territories, 
as  shall  be  by  them  requested  as  aforesaid. 

Notwithstanding  which  Separation  of  the  Province  and  Territo- 
ries, in  Respect  of  Legislation,  I  do  hereby  promise,  grant  and 
declare.  That  the  Inhabitants  of  both  Province  and  Territories,  shall 
separately  enjoy  all  other  Liberties,  Privileges  and  Benefits,  granted 
jointly  to  them  in  this  Charter,  any  Law,  tJsage  or  Custom  of  this 
Government,  heretofore  made  and  practised,  or  any  Law  made  and 
passed  by  this  General  Assembly,  to  the  Contrary  hereof,  notwith- 
standing. 

William  Penn. 


562  Delaware— 1776 

This  Charter  of  Privileges  heine  distinctly  read  in  Assembly,  and 
the  whole  and  every  part  thereof  oeini;  approved  and  agreed  to,  by 
us,  we  do  thankfully  receive  the  same  from  our  Proprietary  and 
Governor,  at  Philadelphia,  this  Twenty-Elighth  Day  of  October,  One 
Thousand  Seven  Hundred  and  One.  Signed  on  Behalf,  and  i)y 
Order  of  the  Assembly, 

per  Joseph  Growdon,  Speaker. 
Edward  Shippen  Griffith  Owen 

Phixeas  Pembertox  Caleb  Pusey 

Samuel  Carpexter  Thomas  Story 

Projynetdi'if  <in<1  Gorrrnor''n  f'f>>/nrlJ. 


CONSTITUTION  OF  DELAWARE     1776  *  « 

The  Constitution,  or  System  of  Government,  agreed  to  and  resolved 
upon  bv  the  Representatives  in  full  Convention  of  the  Delaware 
State,  formerly  styled  "  The  Government  of  the  Counties  of  New 
Castle,  Kent,  and  Sussex,  upon  Delaware,"  the  said  Representatives 
being  chosen  by  the  Freemen  of  the  said  State  for  that  express  Pur- 
pose. 

Article  1.  The  government  of  the  counties  of  Xew  Castle,  Kent 
and  Sussex,  upon  Delaware,  shall  hereafter  in  all  public  and  other 
writings  be  called  The  Delaware  State. 

Art.  2.  The  Legislature  shall  be  formed  of  two  distinct  branches; 
they  shall  meet  once  or  oftener  in  every  year,  and  shall  be  called, 
"  The  General  Assembly  of  Delaware.'' 

Art.  3.  One  of  the  branches  of  the  Legislature  shall  be  called, 
"  The  House  of  Assembly,"  and  shall  consist  of  seven  Representa- 
tives to  be  chosen  for  each  county  annually  of  such  persons  as  are 
freeholders  of  the  same. 

Art.  4.  The  other  branch  shall  be  called  "  The  council,"  and  con- 
sist of  nine  members;  three  to  be  chosen  for  each  county  at  the  time 
of  the  first  election  of  the  assembly,  who  shall  be  freeholders  of  the 
county  for  which  they  are  chosen,  and  be  upwards  of  twenty-five 
years  of  age.  At  the  end  of  one  year  after  the  general  election,  the 
councillor  who  had  the  smallest  number  of  votes  in  each  county  shall 
be  displaced,  and  the  vacancies  thereby  occasioned  supplied  by  the 
freemen  of  each  county  choosing  the  same  or  another  person  at  a 
new  election  in  manner  aforesaid.  At  the  end  of  two  years  after  the 
first  general  election,  the  councillor  who  stood  second  in  number  of 
votes  in  each  county  shall  be  displaced,  and  the  vacancies  thereby 
occasioned  supplied  by  a  new  election  in  manner  aforesaid.  And  at 
the  end  of  three  years  from  the  first  general  election,  the  coimcillor 
who  had  the  greatest  numlier  of  votes  in  each  county  shall  be  dis- 
placed, and  the  vacancies  thereby  occasioned  supplied  by  a  new  elec- 

•  Verified  from  "  The  Constitutions  of  the  Several  Imlei^endent  States  ol 
America,  Published  by  order  of  Congress,  Boston :  Printed  by  Norman  and 
Bo  wen,  1785." 

"This  constitution  was  framed  by  a  Convention  which  assembletl  at  New 
Castle,  August  27.  177G.  In  aceordauoe  with  the  rec-oniniendation  of  the  Conti 
nental  Congress  that  the  people  of  the  Colonies  should  form  indei>endent  State 
Governments.  It  was  not  submitted  to  the  people  but  was  proclaimed  Sep- 
tember 21,  1776. 


Delaware— 1776  563 

tion  in  manner  aforesaid.  And  this  rotation  of  a  councillor  being 
displaced  at  the  end  of  three  years  in  each  county,  and  his  office 
supplied  by  a  new  choice,  shall  be  continued  afterwards  in  due  order 
annually  forever,  whereby,  after  the  first  general  election,  a  coun- 
cillor will  I'emain  in  trust  for  three  years  from  the  time  of  his  being 
elected,  and  a  councillor  will  be  displaced,  and  the  same  or  another 
chosen  in  each  county  at  every  election. 

Art.  5.  The  right  of  suffrage  in  the  election  of  members  for  both 
houses  shall  remain  as  exercised  by  law  at  present;  and  each  house 
shall  choose  its  own  speaker,  appoint  its  own  officers,  judge  of  the 
qualifications  and  elections  of  its  own  members,  settle  its  own  rules 
of  proceedings,  and  direct  writs  of  election  for  supplying  interme- 
diate vacancies.  They  may  also  severally  expel  any  of  their  OAvn 
members  for  misbehavior,  but  not  a  second  time  in  the  same  sessions 
for  the  same  offence,  if  reelected ;  and  they  shall  have  all  other  pow- 
ers necessary  for  the  legislature  of  a  free  and  independent  State. 

Art.  G.  All  money-bills  for  the  support  of  government  shall  origi- 
nate in  the  house  of  assembly,  and  may  be  altered,  amended,  or  re- 
jected by  the  legislative  council.  All  other  bills  and  ordinances  may 
take  rise  in  the  house  of  assembly  or  legislative  council,  and  may  be 
altered,  amended,  or  rejected  by  either. 

Art.  7.  A  president  or  chief  magistrate  shall  be  chosen  by  joint 
ballot  of  both  houses,  to  be  taken  in  the  house  of  assembly,  and  the 
box  examined  by  the  speakers  of  each  house  in  the  presence  of  the 
other  members,  and  in  case  the  numbers  for  the  two  highest  in  votes 
should  be  equal,  then  the  speaker  of  the  council  shall  have  an  addi- 
tional casting  voice,  and  the  appointment  of  the  person  w^ho  has  the 
majority  of  votes  shall  be  entered  at  large  on  the  minutes  and  jour- 
nals of  each  house,  and  a  copy  thereof  on  parchment,  certified  and 
signed  by  the  speakers  respectively,  and  sealed  with  the  great  seal 
of  the  State,  which  they  are  hereby  authorized  to  affix,  shall  be  deliv- 
ered to  the  person  so  chosen  president,  who  shall  continue  in  that 
office  three  years,  and  until  the  sitting  of  the  next  general  assembly 
and  no  longer,  nor  be  eligible  until  the  expiration  of  three  years  after 
he  shall  have  been  out  of  that  office.  An  adequate  but  moderate  sal- 
ary shall  be  settled  on  him  during  his  continuance  in  office.  He  may 
draw  for  such  sums  of  money  as  shall  be  appropriated  by  the  general 
assembly,  and  be  accountable  to  them  for  the  same ;  he  may,  by  and 
with  the  advice  of  the  privy  council,  lay  embargoes  or  prohibit  the 
exportation  of  any  commodity  for  any  time  not  exceeding  thirty 
days  in  the  recess  of  the  general  assembly ;  he  shall  have  the  power 
of  granting  pardons  or  reprieves,  except  where  the  prosecution  shall 
be  carried  on  by  the  house  of  assembly,  or  the  law  shall  otherwise 
direct,  in  which  cases  no  pardon  or  reprieve  shall  be  granted,  but  by 
a  resolve  of  the  house  or  assembly,  and  may  exercise  all  the  other 
executive  powers  of  government,  limited  and  restrained  as  by  this 
constitution  is  mentioned,  and  according  to  the  laws  of  the  State. 
And  on  his  death,  inability,  or  absence  from  the  State,  the  speaker  of 
the  legislative  council  for  the  time  being  shall  be  vice-president,  and 
in  case  of  his  death,  inability,  or  absence  from  the  State,  the  speaker 
of  the  house  of  assembly  shall  have  the  powers  of  a  president,  until  a 
new  nomination  is  made  by  the  general  assembly. 

Art.  8.  A  privy  council,  consisting  of  four  members,  shall  be 
chosen  by  ballot,  two  by  the  legislative  council  and  two  by  the  house 


564  Delaware- 1776 

of  assembly :  Provided^  That  no  regular  officer  of  the  army  or  navy 
in  the  service  and  pay  of  the  continent,  or  of  this,  or  of  any  other 
State,  shall  be  eligible;  and  a  member  of  the  legislati^"e  council  or  of 
the  house  of  assembly  l^eing  chosen  of  the  privy  council,  and  accept- 
ing thereof,  shall  thereby  lose  his  seat.  Three  members  shall  l>e  a 
quorum,  and  their  advice  and  proceedings  shall  be  entered  of  record, 
and  signed  by  the  members  present,  (to  any  part  of  which  any  mem- 
ber may  enter  his  dissent,)  to  be  laid  before  the  general  assembly 
when  called  for  by  them.  Two  members  shall  be  removed  by  ballot, 
one  by  the  legislative  council  and  one  by  the  house  of  assembly,  at 
the  end  of  two  years,  and  those  who  remain  the  next  j'ear  after,  who 
shall  severally  be  ineligible  for  the  three  next  years.  The  vacancies, 
as  well  as  those  occasioned  by  death  or  incapacity,  shall  l)e  supplied 
by  new  elections  in  the  same  manner;  and  this  rotation  of  a  pri^-y 
councillor  shall  be  continued  afterwards  in  due  order  annuallv  for- 
ever. The  president  may  by  summons  convene  the  pri\y  council  at 
any  time  when  the  j)ublic  exigencies  may  require,  and  at  such  place 
as  he  shall  think  most  convenient,  when  and  Avhere  they  are  to  attend 
accordingly. 

Art.  0.  The  president,  with  the  advice  and  consent  of  the  privy 
council,  may  embody  the  militia,  and  act  as  captain-general  and  com- 
mander-in-chief of  them,  a^d  the  other  military  force  of  this  State, 
under  the  laws  of  the  same. 

Art.  10.  Either  house  of  the  general  assembly  may  adjourn  them- 
selves respectively.  The  president  shall  not  prorogue,  adjourn,  or 
dissolve  the  general  assembly,  but  he  may,  with  the  advice  of  th^ 
privy  council,  or  on  the  application  of  a  majority  of  either  house, 
call  them  before  the  time  they  shall  stand  adjourned;  and  the  two 
houses  shall  always  sit  at  the  same  time  and  place,  for  which  purpose 
immediately  after  every  adjournment  the  sjieaker  of  the  house  of 
assembly  shall  give  notice  to  the  speaker  of  the  other  house  of  the 
time  to  which  the  house  of  assembly  stands  adjourned. 

Art.  11.  The  Delegates  for  Delaware  to  the  Congress  of  the  United 
States  of  America  shall  be  chosen  annually,  or  superseded  in  the  mean 
time,  by  joint  ballot  of  both  houses  in  the  general  assembly. 

Art.  12.  Tlie  president  and  general  assembly  shall  In-  joint  ballot 
appoint  three  justices  of  the  supreme  court  for  the  State,  one  of  whom 
shall  be  chief  justice,  and  a  judge  of  admiralty,  and  also  four  jus- 
tices of  the  courts  of  common  pleas  and  orphans'  courts  for  each 
county,  one  of  whom  in  each  court  shall  be  styled  '■''chief  justice,^^ 
(and  in  case  of  division  on  the  ballot  the  president  shall  have  an 
additional  casting  voice,)  to  be  commissionea  by  the  president  under 
the  great  seal,  who  shall  continue  in  office  during  good  behavior ;  and 
during  the  time  the  justices  of  the  said  supreme  court  and  courts  of 
common  pleas  remain  in  office,  they  shall  hold  none  other  except  in 
the  militia.  Anv  one  of  the  justices  of  either  of  said  courts  shall  have 
power,  in  case  of  the  noncoming  of  his  brethren,  to  open  and  adjourn 
the  court.  An  adequate  fixed  but  moderate  salary  shall  be  settled  on 
them  during  their  continuance  in  office.  The  president  and  privy 
council  shall  appoint  the  secretary,  the  attomev-general,  registers  for 
the  probate  of  wills  and  granting  letters  of  administration,  registers 
in  chancery,  clerks  of  the  courts  of  common  pleas  and  orphans'  courts, 
and  clerks  of  the  peace,  who  shall  be  commissioned  as  aforesaid,  and 


Delaware— 1776  565 

remain  in  office  during  five  years,  if  they  behave  themselves  well; 
during  which  time  the  said  registers  in  chancery  and  clerks  shall  not 
be  justices  of  either  of  the  said  courts  of  which  they  are  officers,  but 
the}^  shall  have  authority  to  sign  all  w^its  by  them  issued,  and  take 
recognizances  of  bail.  The  justices  of  the  peace  shall  be  nominated 
by  the  house  of  assembly ;  that  is  to  say,  they  shall  name  twenty-four 
persons  for  each  county,  of  whom  the  president,  with  the  approbation 
of  the  privy  council,  shall  appoint  twelve,  who  shall  be  commissioned 
as  aforesaid,  and  continue  in  office  during  seven  years,  if  they  behave 
themselves  well;  and  in  case  of  vacancies,  or  if  the  legislature  shall 
think  proper  to  increase  the  number,  they  shall  be  nominated  and 
appointed  in  like  manner.  The  members  of  the  legislative  and  privy 
councils  shall  be  justices  of  the  peace  for  the  whole  State,  during  their 
continuance  in  trust;  and  the  justices  of  the  courts  of  common  pleas 
shall  be  conservators  of  the  peace  in  their  respective  counties. 

Art.  13.  The  justices  of  the  courts  of  common  pleas  and  orphans' 
courts  shall  have  the  power  of  holding  inferior  courts  of  chancery,  as 
heretofore,  unless  the  legislature  shall  otherwise  direct. 

Art.  14.  The  clerks  of  the  supreme  court  shall  be  appointed  by  the 
chief  justice  thereof,  and  the  recorders  of  deeds,  by  the  justices  of 
the  courts  of  connnon  pleas  for  each  county  severally,  and  commis- 
sioned by  the  president,  under  the  great  seal,  and  continue  in  office 
five  years,  if  they  behave  themselves  W'cll. 

Art.  15.  The  sheriffs  and  coroners  of  the  respective  counties  shall 
be  chosen  annually,  as  heretofore;  and  any  person,  having  served 
three  years  as  sheriff,  shall  be  ineligible  for  three  years  after ;  and  the 
president  and  privy  council  shall  have  the  appointment  of  such  of 
the  two  candidates,  returned  for  said  offices  of  sheriff  and  coroner,  as 
they  shall  think  best  qualified,  in  the  same  manner  that  the  governor 
heretofore  enjoyed  this  power. 

Art.  16.  The  general  assembly,  by  joint  ballot,  shall  appoint  the 
generals  and  field-officers,  and  all  other  officers  in  the  army  or  navy 
of  this  State ;  and  the  president  may  appoint,  during  pleasure,  until 
otherwise  directed  by  the  legislature,  all  necessary  civil  officers  not 
hereinbefore  mentioned. 

Art.  17.  There  shall  be  an  appeal  from  the  supreme  court  of  Dela- 
ware, in  matters  of  law  and  equity,  to  a  court  of  seven  persons,  to 
consist  of  the  president  for  the  time  being,  who  shall  preside  therein, 
and  six  others,  to  be  appointed,  three  by  the  legislative  council,  and 
three  by  the  house  of  assembly,  who  shall  continue  in  office  during 
good  behavior,  and  be  commissioned  by  the  president,  under  the  great 
seal ;  which  court  shall  be  styled  the  "  court  of  appeals,''''  and  have 
all  the  authority  and  powers  heretofore  given  by  law  in  the  last 
resort  to  the  King  in  council,  imder  the  old  government.  The  secre- 
tary shall  be  the  clerk  of  this  court ;  and  vacancies  therein  occasioned 
by  death  or  incapacity,  shall  be  supplied  by  new  elections,  in  manner 
aforesaid. 

Art.  18.  The  justices  of  the  supreme  court  and  courts  of  common 
pleas,  the  members  of  the  privy  council,  the  secretary,  the  trustees  of 
the  loan  office,  and  clerks  of  the  court  of  common  pleas,  during  their 
continuance  in  office,  and  all  persons  concerned  in  any  army  or  navy 
contracts,  shall  be  ineligible  to  either  house  of  assembly;  and  any 
member  of  either  house  accepting  of  any  other  of  the  offices  herein- 


566  Delmmre—1776 

before  mentioned  (excepting  the  office  of  a  justice  of  the  peace) 
shall  have  his  seat  thereby  vacated,  and  a  new  election  shall  be 
ordered. 

Akt.  11).  The  legislative  council  and  assembly  shall  have  the  power 
of  making  the  great  seal  of  this  State,  which  shall  Ije  kept  by  the 
president,  or,  in  his  absence,  by  the  vice-president,  to  be  used  by 
them  as  occasion  may  require,  it  shall  be  called  ''  The  Great  Seal  of 
the  Delaware  /State,''''  ancl  shall  be  affixed  to  all  laws  and  commissions. 

Art.  20.  Connnissions  shall  run  in  the  name  of  '"  The  Delaware 
State,"  and  Ijear  test  by  the  president.  Writs  shall  run  in  the  same 
manner,  and  bear  test  in  the  name  of  the  chief -justice,  or  justice  first 
named  in  the  commissions  for  the  several  courts,  and  be  sealed  with 
the  public  seals  of  such  courts.  Indictments  shall  conclude,  ''^Against 
the  peaee  and  dignity  of  the  Stated 

Art.  21.  In  case  of  vacancy  of  the  offices  above  directed  to  l)e  filled 
by  the  j>resident  and  general  assembly,  the  president  and  privy 
council  may  appoint  others  in  their  stead  until  there  shall  be  a  new 
election. 

Art.  22.  P2verv  person  who  shall  be  chosen  a  member  of  either 
house,  or  appointed  to  any  office  or  place  of  trust,  before  taking  his 
seat,  or  entering  upon  the  execution  of  his  office,  shall  take  the  fol- 
lowing oath,  or  affirmation,  if  conscientiously  scrupulous  of  taking 
an  oath,  to  wit : 

"  I,  A  B,  Avill  bear  true  allegiance  to  the  Delaware  State,  submit  to 
its  constitution  and  laws,  and  do  no  act  wittingly  whereby  the  free- 
dom thereof  may  be  prejudiced.*' 

And  also  make  antl  subscribe  the  following  declaration,  to  wit : 

"  I,  A  B,  do  profess  faith  in  (Jod  the  Father,  and  in  Jesus  Christ 
His  only  Son,  and  in  the  Holy  Ghost,  one  (lod,  blessed  for  evermore; 
and  I  do  acknowledge  the  holy  scriptures  of  the  Old  and  New  Te.sta- 
ment  to  be  given  by  divine  inspiration." 

And  all  officers  shall  also  take  an  oath  of  office. 

Art.  23.  The  ])resident,  when  he  is  out  of  office,  and  within  eighteen 
months  after,  and  all  others  offending  against  the  State,  either  by 
maladministration,  corruption,  or  other  means,  by  which  the  safety 
of  the  Connnonwealth  may  be  endangered,  within  eighteen  months 
after  the  offence  committed,  shall  be  impeachable  by  the  house  of 
assembly  before  the  legislative  council ;  such  impeachment  to  be  prose- 
cuted I)V  the  attorney-general,  or  such  other  person  or  persons  as 
the  house  of  assembly  may  appoint,  according  to  the  laws  of  the  land. 
If  found  guilty,  he  or  they  shall  be  either  forever  disabled  to  hold 
any  office  under  government,  or  removed  from  office  pro  tempore,  or 
subjected  to  such  pains  and  penalties  as  the  laws  shall  direct.  And 
all  officers  shall  be  removed  on  conviction  of  misbehavior  at  com- 
mon law,  or  on  impeachment,  or  upon  the  address  of  the  general 
as.sembly. 

Art.  24.  All  acts  of  assemblv  in  force  in  this  State  on  the  15th  day 
of  May  last  (and  not  hereby  aJtered.  or  contrarv  to  the  resolutions  of 
Congress  or  of  the  late  house  of  assembly  of  this  State)  shall  so  con- 
tinue, until  altered  or  repealed  by  the  legislature  of  this  State,  unless 
where  they  are  temporarv'.  in  which  case  they  shall  expire  at  the 
times  respectively  limited  for  their  duration. 

Abt.  25.  The  common  law  of  England,  as  well  as  so  much  of  the 


Delaware— 1776  567 

statute  law  as  has  been  heretofore  adopted  in  practice  in  this  State, 
shall  remain  in  force,  unless  they  shall  be  altered  by  a  future  law  of 
the  legislature ;  such  parts  only  excepted  as  are  repugnant  to  the  rights 
and  privileges  contained  in  this  constitution,  and  the  declaration  of 
rights,  &c.,  agreed  to  by  this  convention. 

Art.  2().  No  person  hereafter  imported  into  this  State  from  Africa 
ought  to  be  held  in  slavery  under  any  pretence  whatever;  and  no 
negro,  Indian,  or  mulatto  slave  ought  to  be  brought  into  this  State, 
for  sale,  from  any  part  of  the  world. 

Art.  27.  The  first  election  for  the  general  assembly  of  this  State 
shall  be  held  on  the  21st  day  of  October  next,  at  the  court-houses  in 
the  several  counties,  in  the  manner  heretofore  used  in  the  election  of 
the  assembly,  except  as  to  the  choice  of  inspectors  and  assessors,  where 
assessors  have  not  been  chosen  on  the  16th  day  of  September,  instant, 
which  shall  be  made  on  the  morning  of  the  day  of  election,  by  the 
electors,  inhabitants  of  the  respective  hundreds  in  each  county.  At 
w^hich  time  the  sheriffs  and  coroners,  for  the  said  counties  respec- 
tively, are  to  be  elected ;  and  the  present  sheriffs  of  the  counties  of 
Newcastle  and  Kent  may  be  rechosen  to  that  office  until  the  1st  day  of 
October,  A.  D.  1779 ;  and  the  present  sheriff  for  the  county  of  Sussex 
may  be  rechosen  to  that  office  until  the  1st  day  of  October,  A.  D.  1778, 
provided  the  freemen  think  proper  to  reelect  them  at  every  general 
election ;  and  the  present  sheriffs  and  coroners,  respectively,  shall  con- 
tiiuie  to  exercise  their  offices  as  heretofore,  until  the  sheriffs  and 
coroners,  to  be  elected  on  the  said  21st  day  of  October,  shall  be  com- 
missioned and  sworn  into  office.  The  members  of  the  legislative 
council  and  assembly  shall  meet,  for  transacting  the  business  of  the 
State,  on  the  28th  day  of  October  next,  and  continue  in  office  until 
the  1st  day  of  October,  which  will  be  in  the  year  1777 ;  on  which  day, 
and  on  the  1st  day  of  October  in  each  year  forever  after,  the  legis- 
lative council,  assembly,  sheriffs,  and  coroners  shall  be  chosen  by 
ballot,  in  manner  directed  by  the  several  laws  of  this  State,  for  regu- 
lating elections  of  members  of  assembly  and  sheriffs  and  coroners; 
and  the  general  assembly  shall  meet  on  the  20th  day  of  the  same 
month  for  the  transacting  the  business  of  the  State;  and  if  any  of  the 
said  1st  and  20tli  days  of  October  should  be  Sunday,  then,  and  in 
such  case,  the  elections  shall  be  held,  and  the  general  assembly  meet, 
the  next  day  following. 

Art.  28.  To  prevent  any  violence  or  force  being  used  at  the  said 
elections,  no  person  shall  come  armed  to  any  of  them,  and  no  muster 
of  the  militia  shall  be  made  on  that  day ;  nor  shall  any  battalion  or 
company  give  in  their  votes  immediately  succeeding  each  other,  if  any 
other  A'oter,  who  offers  to  vote, objects  thereto;  nor  shall  any  battalion 
or  company,  in  the  pay  of  the  continent,  or  of  this  or  any  other  State, 
be  suffered  to  remain  at  the  time  and  place  of  holding  the  said  elec- 
tions, nor  Avithin  one  mile  of  the  said  places  respectively,  for  tw^enty- 
four  hours  before  the  opening  said  elections,  nor  within  twenty-four 
hours  after  the  same  are  closed,  so  as  in  any  manner  to  impede  the 
freely  and  conveniently  carying  on  the  said  election  :  Provided  always, 
That  every  elector  may,  in  a  peaceable  and  orderly  manner,  give  in 
his  vote  on  the  said  day  of  election. 

Art.  29.  There  shall  be  no  establishment  of  any  one  religious  sect 
in  this  State  in  preference  to  another ;  and  no  clergyman  or  preacher 


568  T)elau>are—1792 

of  the  gospel,  of  any  denomination,  shall  be  capable  of  holding  any 
civil  office  in  this  State,  or  of  being  a  niemlKT  of  either  of  the 
branches  of  the  legislature,  while  they  continue  in  the  exercise  of  the 
pastorial  function. 

Art.  30.  No  article  of  the  declaration  of  rights  and  fundamental 
rules  of  this  State,  agreed  to  by  this  convention,  nor  the  first,  second, 
fifth,  (except  that  j^art  thereof  that  relates  to  the  right  of  sufferage,) 
iwenty-sixtn,  and  twenty-ninth  articles  of  this  constitution,  ought 
ever  to  be  violated  on  any  pretence  whatever.  No  other  part  of  this 
constitution  shall  be  altered,  changed,  or  diminished  without  the  con- 
sent of  five  parts  in  seven  of  the  assembly,  and  seven  meml)ers  of  the 
legislative  council. 

George  Rsad,  President. 

Attest : 

James  Booth,  Secretary. 

Friday,  Septemlier  10,  1776. 


CONSTITUTION  OF  DELAWARE— 1792  « 

We,  the  people,  hereby  ordain  and  establish  this  constitution  of 
government  for  the  State  of  Delaware. 

Through  divine  goodness  all  men  have,  by  nature,  the  rights  of 
worshipping  and  serving  their  Creator  according  to  the  dictates 
of  their  consciences,  of  enjoying  and  defending  life  and  liberty,  of 
acquiring  and  protecting  reputation  and  property,  and,  in  general, 
of  attaining  objects  suitable  to  their  condition,  without  injury  by 
one  to  another;  and  as  these  rights  are  essential  to  their  weltare,  for 
the  due  exercise  thereof,  power  is  inherent  in  them;  and,  therefore, 
all  just  authority  in  the  institutions  of  political  society  is  derived 
from  the  people,  and  established  with  their  consent,  to  advance  their 
happiness;  and  they  ma}',  for  this  end,  as  circumstances  require,  from 
time  to  time,  alter  their  constitution  of  government. 

Article  I 

Section  1.  Although  it  is  the  duty  of  all  men  frequently  to  assemble 
together  for  the  public  worship  of  the  Author  of  the  universe,  and 
pietj'  and  morality,  on  which  the  prosperity  of  ccjmmunities  depends, 
are  thereby  promoted ;  yet  no  man  shall  or  ought  to  be  compelled  to 
attend  any  religious  worsliip,  to  contribute  to  tlie  erection  or  support 
of  any  place  of  worship,  or  to  the  maintenance  of  any  ministry, 
against  his  own  free  will  and  consent ;  and  no  power  shall  or  ought 
to  be  ves-ted  in  or  assumed  by  any  magistrate  that  shall  in  any  case 
interfere  with,  or  in  any  manner  control,  the  rights  of  conscience,  in 
the  free  exercise  of  religious  worship,  nor  a  preference  be  given  by 
law  to  any  religious  societies,  denominations,  or  modes  of  worship. 

Sec.  2.  No  religious  test  shall  be  required  as  a  qualification  to  any 
office,  or  public  trust,  under  this  State. 

Sec.  3.  All  elections  shall  be  free  and  equal. 

"This  constitution  was  framed  by  a  convention  which  met  at  New  Castle  in 
June,  1792,  and  It  was  put  in  operation  without  having  been  submitted  to  the 
l)eople. 


Delaware— 1792  569 

Sec.  4.  Trial  by  jury  shall  be  as  heretofore. 

Sec.  5.  The  press  shall  be  free  to  every  citizen  who  undertakes  to 
examine  the  official  conduct  of  men  acting  in  a  public  capacity ;  and 
any  citizen  may  print  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty.  In  prosecutions  for  publications  investigating  the 
proceedings  of  officers,  or  where  the  matter  published  is  proper  for 
public  information,  the  truth  thereof  may  be  given  in  evidence;  and 
in  all  indictments  for  libels,  the  jury  may  determine  the  facts  and  the 
law,  as  in  other  cases. 

Sec.  6.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions  from  the  unreasonable  searches  and  seizures ;  and  no 
warrant  to  search  any  place,  or  to  seize  any  person  or  things,  shall 
issue  without  describing  them  as  particularly  as  may  be,  nor  then, 
unless  there  be  probable  cause  supported  by  oath  or  affirmation. 

Sec.  7.  In  all  criminal  prosecutions  the  accused  hath  a  right  to  be 
heard  by  himself  and  his  counsel,  to  be  plainly  and  fully  informed  of 
the  nature  and  cause  of  the  accusation  against  him,  to  meet  the  wit- 
nesses in  their  examination  face  to  face,  to  have  compulsory  process 
in  due  time,  on  application  by  himself,  his  friends,  or  counsel,  for 
obtaining  witnesses  in  his  favor,  and  a  speedy  and  public  trial  by  an 
impartial  jury;  he  shall  not  be  compelled  to  give  evidence  against 
himself,  nor  shall  be  deprived  of  life,  liberty,  or  property,  unless  by 
the  judgment  of  his  peers  or  the  law  of  the  land. 

Sec.  8.  No  person  shall  for  any  indictable  offence  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger,  and  no  person  shall  be,  for  the  same  offence, 
twice  put  in  jeopardy  of  life  or  limb;  nor  shall  any  man's  property 
be  taken  or  applied  to  public  use  without  the  consent  of  his  represent- 
atives, and  without  compensation  being  made. 

Sec.  9.  All  courts  shall  be  open;  and  every  man,  for  an  injury 
done  him  in  his  reputation,  person,  movable  or  immovable  posses- 
sions, shall  have  remedy  by  the  due  course  of  law,  and  justice  admin- 
istered according  to  the  very  right  of  the  cause  and  the  law  of  the 
land,  without  sale,  denial,  or  unreasonable  delay  or  expense;  and 
every  action  shall  be  tried  in  the  county  in  which  it  shall  be  com- 
menced, unless  when  the  judges  of  the  court  in  which  the  cause  is  to 
be  tried  shall  deterniine  that  an  impartial  trial  therefore  cannot  be 
had  in  that  county.  Suits  may  be  brought  against  the  State,  accord- 
ing to  such  regulations  as  shall  be  made  law. 

Sec.  10.  Xo  power  of  suspending  laws  shall  be  exercised,  but  by 
authority  of  the  legislature. 

Sec.  11.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  punishments  inflicted ;  and  in  the  construction  of 
jails  a  proper  regard  shall  be  had  to  the  health  of  prisoners. 

Sec.  12.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences,  when  the  proof  is  positive,  or  the  presumption 
great ;  and  when  persons  are  confined  on  accusation  for  such  offences, 
their  friends  and  counsel  may  at  proper  seasons  have  access  to  them. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  14.  No  commission  of  oyer  and  terminer  or  jail-delivery  shall 
be  issued. 


570  Delaware— 1792 

Sec.  IT).  No  attainder  shall  work  corruption  of  blood,  nor,  except 
during  the  life  of  the  offender,  forfeiture  of  estate.  The  estates  of 
those  who  destroy  their  own  lives  shall  descend  or  vest  as  in  case  of 
natural  death;  and  if  any  person  be  killed  by  accident,  no  forfeiture 
shall  be  thereby  incurred. 

Sec.  If).  Although  disol)edience  to  laws  by  a  part  of  the  jjeople, 
upon  sugge-stions  of  impolicy  or  injustice  in  them,  tends  by  immediate 
effect  and  the  influence  of  example,  not  only  to  endanger  the  public 
welfare  and  safety,  but  also,  in  governments  of  a  republican  form, 
contravenes  the  social  principles  of  such  governments  founded  on 
conunon  consent  for  common  good,  yet  the  citizens  have  a  right,  in  an 
orderly  manner,  to  meet  together,  and  to  apply  to  persons  intrusted 
with  the  powers  of  government  for  redress  of  grievances  or  other 
proper  purposes,  by  petition,  remonstrance,  or  address. 

Sec.  17.  No  standing  army  shall  be  kept  up  without  the  consent  of 
the  legislature;  and  the  military  shall,  in  all  cases  and  at  all  times, 
be  in  strict  subordination  to  the  civil  power. 

Sec.  18.  No  soldier  shall  in  time  of  peace  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  by  a  civil 
magistrate,  in  a  manner  to  be  prescribed  by  law. 

Sec.  19.  No  hereditary  distinction  shall  be  granted,  nor  any  office 
created  or  exercised,  the  appointment  to  which  shall  be  for  a  longer 
term  than  during  good  behavior;  and  no  person  holding  any  oitice 
under  this  State  shall  accept  of  any  office  or  title  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  state. 

We  declare  that  everything  in  this  article  is  reserved  out  of  the 
general  powers  of  government  hereinafter  mentioned. 

Article  II 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in 
a  general  assembly,  which  shall  consist  of  a  senate  and  house  of 
representatives. 

Sec.  2.  The  representatives  shall  be  chosen  annually  by  the  citizens 
residing  in  the  several  counties,  respectively,  on  the  first  Tuesday  of 
October. 

No  person  shall  be  a  representative  who  shall  not  have  attained 
to  the  age  of  twenty-four  years,  and  have  a  freehold  in  the  county 
in  which  he  shall  be  chosen,  have  been  a  citizen  and  inhabitant  of 
the  State  three  years  next  preceding  the  first  meeting  of  the  legis- 
lature after  his  election,  and  the  last  year  of  that  term  an  inhabit- 
ant of  the  county  in  which  he  shall  be  chosen,  unless  he  shall  have 
been  absent  on  the  public  business  of  the  United  States,  or  of  this 
State. 

There  shall  be  seven  representatives  chosen  in  each  county,  until  a 
^eater  number  of  representatives  shall  bv  the  general  assembly  be 
judged  necessary;  and  then,  two-thirds  o^  each  branch  of  the  legis- 
lature concurring,  they  may  by  law  make  provision  for  increasing 
their  number. 

Sec.  3.  The  senators  shall  be  chosen  for  three  years  by  the  citizens 
residing  in  the  several  counties,  respectively,  having  right  to  vote 
for  representatives,  at  the  same  time  when  they  shall  vote  for  rep- 
resentatives, in  the  same  manner,  and  at  the  same  places. 


Delaware— 1792  571 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  twenty-seven  years,  and  have  in  the  county  in  which  he  shall 
be  chosen  a  freehold  estate  in  two  hundred  acres  of  land,  or  an 
estate  in  real  and  personal  property,  or  in  either,  of  the  value  of  one 
thousand  pounds  at  least,  and  have  been  a  citizen  and  inhabitant  of 
the  State  three  years  next  preceding  the  first  meeting  of  the  legis- 
lature after  his  election,  and  the  last  year  of  that  term  an  inhab- 
itant of  the  county  in  which  he  shall  be  chosen,  unless  he  shall  have 
been  absent  on  the  public  business  of  the  United  States  or  of  this 
State. 

There  shall  be  three  senators  chosen  in  each  county.  When  a 
greater  number  of  senators  shall  by  the  general  assembly  be  judged 
necessary,  two-thirds  of  each  branch  concurring,  they,  may,  by  law, 
make  provision  for  increasing  their  number;  but  the  number  of 
senators  shall  never  be  greater  than  one-half,  nor  less  than  one-third, 
of  the  number  of  representatives. 

Immediately  after  the  senators  shall  be  assembled  in  consequence 
of  the  first  election,  the  senators  residing  in  each  county  shall  be 
divided  by  lot  into  three  classes.  The  seats  of  the  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year;  of  the 
second  class  at  the  expiration  of  the  second  year;  and  of  the  third 
class  at  the  expiration  of  the  third  year,  so  that  one-third  may  be 
chosen  every  year. 

Sec.  4.  The  general  assembly  shall  meet  on  the  first  Tuesday  of 
January,  in  every  year,  unless  sooner  convened  by  the  governor. 

Sec.  5.  Each  house  shall  choose  its  speaker  and  other  officers;  and 
also  each  house,  whose  speaker  shall  exercise  the  office  of  governor, 
may  choose  a  speaker  pro  temvore. 

Sec.  6.  Each  house  shall  judge  of  the  elections,  returns,  and  quali- 
fications of  its  own  members;  and  a  majority  of  each  shall  consti- 
tute a  quorum  to  do  business;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  shall  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner,  and  under  such  penalties,  as 
shall  be  deemed  expedient. 

Sec.  7.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  any  of  its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  tw^o-thirds,  expel  a  member,  and  shall  have  all  other 
powers  necessary  for  a  branch  of  the  legislature  of  a  free  and  inde- 
pendent State. 

Sec.  8.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  them  immediately  after  every  session,  except  such  parts  as 
may  require  secrecy,  and  the  yeas  and  nays  of  the  members  on  any 
question  shall,  at  the  desire  of  iiny  member,  be  entered  on  the  journal. 

Sec.  9.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept 
secret. 

Sec.  10.  Neither  house  shall,  w^ithout  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  plaee  than  that 
in  which  the  two  houses  shall  be  sitting. 

Sec.  11.  The  senators  and  representatives  shall  receive  a  compensa- 
tion for  their  services  to  be  ascertained  by  law,  and  paid  out  of  the 
treasury  of  the  State;  but  no  law  varying  the  compensation  shall 
take  effect  till  an  election  of  representatives  shall  have  intervened. 
They  shall  in  all  cases,  except  treason,  felony,  or  breach  of  the  peace, 


572  Delaware— 179-2 

be  privileged  from  arrest  during  their  attendance  at  the  session  of 
their  respective  houses,  and  in  going  to  and  retiirnin*5:  from  the  same; 
and  for  any  speech  or  debate  in  either  house  they  shall  not  l>e  ques- 
tioned in  anv  other  place. 

Sec.  12.  !No  senator  nor  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  State  Avhich  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  such  time.  No  i^erson  concerned  in 
any  army  or  navy  contract,  no  member  of  Congress,  nor  any  person 
holding  any  office  under  this  State  or  the  United  States,  except  the 
attorney-general,  officers  usually  appointed  by  the  courts  of  justice  re- 
spectively, attorneys  at  law,  and  officers  in  the  militia,  holding  no 
disqualifying  office,  shall,  during  his  continuance  in  Congress  or  in 
office,  be  a  senator  or  representative. 

Sec.  13.  When  vacancies  l\appen  in  either  house  writs  of  election 
shall  be  issued  by  the  speakers  respectively,  or,  in  cases  of  necessity, 
in  such  other  manner  as  shall  l>e  provided  for  by  law ;  and  the  per- 
sons thereupon  chosen  shall  hold  their  seats  as  long  as  those  in  whose 
stead  they  are  elected  might  have  done  if  such  vacancies  had  not 
happened. 

Sec.  14.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives;  but  the  senate  may  j)ropose  alterations,  as  on  other 
bills;  and  no  bill,  from  the  operation  or  which,  when  passed  into  a 
law,  revenue  may  incidentally  arise,  shall  be  accounted  a  bill  for  rais- 
ing revenue;  nor  shall  any  matter  or  clause  whatever,  not  immedi- 
ately relating  to  and  necessary  for  raising  revenue,  be  in  any  manner 
blended  with  or  annexed  to  a  bill  for  raising  reA'enue. 

Sec.  15.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law;  and  si  regular  statement  and 
account  of  the  receipts  and  expenditures  of  all  public  money  shall  be 
published  annually. 

Article  III 

Section  1.  The  supreme  executive  powers  of  this  State  shall  be 
vested  in  a  governor. 

Sec.  2.  The  governor  shall  be  chosen  on  the  first  Tuesday  of  Octo- 
ber by  the  citizens  of  the  State  having  right  to  vote  for  representa- 
tives in  the  counties  where  they  respectively  reside,  at  the  places 
where  they  shall  vote  for  representatives. 

The  returns  of  every  election  for  governor  shall  be  sealed  up,  and 
immediately  delivered  by  the  returning  officers  of  the  several  counties 
to  the  speaker  of  the  senate,  [or  in  case  of  his  death  to  the  si^eaker  of 
the  house  of  representatives.]  who  shall  keep  the  same  until  a  speaker 
of  the  senate  shall  be  appointed,  to  whom  they  shall  Ix;  immediately 
delivered  after  his  appointment,  who  shall  open  and  publish  the  same 
in  the  presence  of  the  members  of  both  houses  or  the  legislature. 
Duplicates  of  the  said  returns  shall  also  l>e  iuimediately  lodged  with 
the  prothonotary  of  each  county.  The  person  having  the  highest 
number  of  votes  shall  be  governor;  but  if  two  or  more  shall  be  equal 
in  the  highest  numl)er  of  votes,  the  members  of  the  two  houses  shall, 
by  joint  ballot,  choose  one  of  them  to  be  governor;  and  if,  upon  such 
ballot,  two  or  more  of  them  shall  still  he  equal  and  highest  in  votes, 
the  speaker  of  the  senate  shall  have  an  additional  casting  vote. 

Contested  elections  of  a  governor  shall  be  determined  by  a  joint 


Delaware— 1792  573 

committee,  consisting  of  one-third  of  all  the  members  of  each  branch 
of  the  legislature,  to  be  selected  by  ballot  of  the  houses  respectively; 
every  person  of  the  committee  shall  take  an  oath  or  affirmation  that  in 
determining  the  said  election  he  will  faithfully  discharge  the  trust 
reposed  in  him ;  and  the  committee  shall  always  sit  Avitli  open  doors. 

Sec.  3.  The  governor  shall  hold  his  office  during  three  years  from 
the  third  Tuesday  of  January  next  ensuing  his  election,  and  shall 
not  be  capable  of  holding  it  longer  than  three  in  any  term  of  six  years. 

Sec.  4.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a  citi- 
zen and  inhabitant  of  the  United  States  twelve  years  next  before  the 
first  meeting  of  the  legislature  after  his  election,  and  the  last  six  of 
that  term  an  inhabitant  of  this  State,  unless  he  shall  have  been  absent 
on  the  public  business  of  the  United  States  or  of  this  State. 

Sec.  5.  No  member  of  Congress,  nor  person  holding  any  office  under 
the  United  States,  or  this  State,  shall  exercise  the  office  of  governor. 

Sec.  6.  The  governor  shall,  at  stated  times,  receive  for  his  services 
an  adequate  salary,  to  be  fixed  by  law,  which  shall  be  neither  increased 
nor  diminished  during  the  period  for  which  he  shall  have  been  elected. 

Sec.  7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  8.  He  shall  appoint  all  officers  whose  offices  are  established  by 
this  constitution,  or  shall  be  established  by  law,  and  whose  appoint- 
ments are  not  herein  otherwise  provided  ior;  but  no  person  shall  be 
appointed  to  an  office  within  a  county  who  shall  not  have  a  right  to 
vote  for  representatives,  and  have  been  an  inhabitant  therein  one  year 
next  before  his  appointment,  nor  hold  the  office  longer  than  he  con- 
tinues to  reside  in  the  county.  No  member  of  Congress,  nor  any  per- 
son holding  or  exercising  any  office  under  the  United  States,  shall  at 
the  same  time  hold  or  exercise  the  office  of  judge,  treasurer,  attorney- 
general,  secretary,  clerk  of  the  supreme  court,  prothonotary,  register 
for  the  probate  of  wills  and  granting  letters  of  administration, 
recorder,  sheriff,  or  any  office  under  this  State,  with  a  salary  by  law 
annexed  tcr  it,  or  any  other  office  which  the  legislature  shall  declare 
incompatible  with  offices  or  appointments  under  the  United  States. 
No  person  shall  hold  more  than  one  of  the  following  offices  at  the  same 
time,  to  wit,  treasurer,  attorney-general,  clerk  of  the  supreme  court, 
prothonotary,  register,  or  sheriff.  All  commissions  shall  be  in  the 
name  of  the  State,  shall  be  sealed  with  the  great  seal,  and  be  signed 
and  tested  by  the  governor. 

Sec.  9.  He  shall  have  power  to  remit  fines  and  forfeitures,  and  to 
grant  reprieves  and  pardons,  except  in  cases  of  impeachment. 

Sec.  10.  He  may  require  information  in  writing  from  the  officers 
in  the  executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  11.  He  shall  from  time  to  time  give  to  the  general  assembly 
information  of  affairs  concerning  the  State,  and  recommend  to  their 
consideration  such  measures  as  he  shall  jud^e  expedient. 

Sec.  12.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly;  and  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  exceeding  three  months. 

Sec.  13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  14.  On  the  death  or  resignation  of  the  governor,  or  his  removal 
7251— VOL  1—07 39 


574  Delaware— 1792 

from  office  on  impeachment,  or  for  inability,  the  speaker  of  the  senate 
at  tliat  time  shall  exercise  the  office  of  governor,  until  a  new  governor 
shall  be  duly  qualified,  and  on  the  death  or  resignation  of  the  speaker 
of  the  senate,  the  speaker  of  the  house  of  representatives  at  that  time 
shall  exercise  the  office,  until  it  be  regularly  vested  in  a  new  governor. 
If  the  trial  of  a  contested  election  shall  contiiuie  longer  than  until 
the  third  Tuesday  of  January  next  ensuing  the  election  of  a  governor, 
the  governor  of  the  last  year,  or  the  speaker  of  the  senate,  or  of  the 
house  of  representatives,  who  may  then  be  in  the  exercise  of  the 
executive  authority,  shall  continue  therein  until  a  determination  of 
such  contested  election.  The  governor  shall  not  be  removed  from  his 
office  for  inability,  but  with  the  concurrence  of  two-thirds  of  all  the 
memlxjrs  of  each  branch  of  the  legislature. 

Sec.  15.  A  secretary  shall  be  appointed  and  commissioned  during 
the  governor's  continuance  in  office,  if  he  shall  so  long  behave  himseli 
well.  He  shall  keep  a  fair  register  of  all  the  official  acts  and  proceed- 
ings of  the  governor,  and  shall,  when  required  by  either  branch  of 
the  legislature,  lay  the  same,  and  all  papers,  minutes,  and  vouchers 
relative  thereto,  before  them,  and  shall  j)erform  such  other  duties  as 
shall  be  enjoined  him  by  law.  He  shall  have  a  compensation  for  his 
services  to  be  fixed  by  law. 

Article  IV 

Section  1.  All  elections  of  governor,  senators,  and  representatives 
shall  be  by  ballot.  And  in  such  elections  every  white  free  man  of  the 
age  of  twenty-one  years,  having  resided  in  the  State  two  years  next 
before  the  election,  and  within  that  time  paid  a  State  or  county  tax, 
which  shall  have  been  assessed  at  least  six  months  before  the  election, 
shall  enjoy  the  right  of  an  elector;  and  the  sons  of  persons  so  qual- 
ified shall,  between  the  ages  of  twenty-one  and  twenty-two  years,  be 
entitled  to  vote,  although  they  shall  not  have  paid  taxes. 

Sec.  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  them. 

Article  V 

Section  1.  The  house  of  representatives  shall  have  the  sole  power  of 
impeaching;  but  two-thirds  of  all  the  members  must  concur  in  an 
impeachment.  All  impeachments  shall  be  tried  by  the  senate;  and, 
when  sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  the  evidence.  No  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  all  the  senators. 

Sec.  2.  The  governor,  and  all  other  civil  officers  under  this  State, 
shall  be  liable  to  impeachment  for  treason,  bribery,  or  any  high  crime 
or  misdemeanor  in  office.  Judgment  in  such  cases  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  trust,  or  profit  under  this  State;  but  the  party  con- 
victed shall  nevertheless  be  subject  to  indictment,  trial,  judgment,  and 
punishment  according  to  law. 

Sec.  3.  Treason  against  this  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  the  enemies  of  the  government,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason, 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
confession  in  open  court, 


Delaware— 1792  575 

Article  VI 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  a 
court  of  chancery,  a  supreme  court,  and  courts  of  oyer  and  terminer 
and  general  gaol-delivery,  in  a  court  of  common  pleas,  and  in  an 
orphans'  court,  registers'  court,  and  a  court  of  quarter-sessions  of  the 
peace  for  each  county,  in  justices  of  the  peace,  and  in  such  other 
courts  as  the  legislature  (two-thirds  of  all  the  members  of  each  branch 
concurring)  may,  from  time  to  time,  establish. 

Sec.  2.  The  chancellor  and  the  judges  of  the  supreme  court,  and  of 
the  court  of  common  pleas,  shall  hold  their  offices  during  good 
behavior ;  but,  for  any  reasonable  cause  which  shall  not  be  a  sufficient 
ground  for  an  impeachment,  the  governor  may,  in  his  discretion,  remove 
any  of  them,  on  the  address  of  two-thirds  of  all  the  members  of  each 
branch  of  the  legislature.  They  shall,  at  stated  times,  receive  for 
their  services  adequate  salaries,  to  be  fixed  by  law,  w^hich  shall  not  be 
diminished  during  their  continuance  in  office,  and  shall  be  payable 
quarterly  to  their  respective  orders  upon  the  treasurer,  out  or  any 
moneys  in  the  treasury;  but  they  shall  hold  no  other  office  of  profit, 
nor  receive  any  fees  or  perquisites,  except  such  fees  as  shall  be  fixed 
by  law  for  business  to  be  done  out  of  court. 

Sec.  3.  The  judges  of  the  supreme  court  shall  be  not  fewer  than 
three,  nor  more  than  four,  one  of  whom  shall  be  chief -justice.  There 
shall  be  a  judge  residing  in  each  county.  The  jurisdiction  of  this 
court  shall  extend  over  the  State.  The  judges  shall,  by  virtue  of  their 
offices,  be  justices  of  oyer  and  terminer  and  general  gaol-delivery  in  the 
several  counties.  Any  two  of  the  judges  may  act  as  if  all  were 
present. 

Sec.  4.  The  judges  of  the  court  of  common  pleas  shall  be  not  fewer 
than  three,  nor  more  than  four,  one  of  whom  shall  be  chief -justice. 
There  shall  be  a  judge  residing  in  each  county.  The  jurisdiction  of 
this  court  shall  extend  over  the  State.  Any  two  of  the  judges  may  act 
as  if  all  were  present. 

Sec.  5.  The  chancellor,  or  any  judge  of  the  supreme  court,  or  of 
the  court  of  common  pleas,  shall  issue  the  writ  of  habeas  corpus  in 
vacation  time,  and  out  of  term,  when  duly  applied  for,  which  shall 
be  immediately  obeyed. 

Sec.  6.  Any  judge  of  the  supreme  court,  or  of  the  court  of  common 
pleas,  may,  unless  the  legislature  shall  otherwise  provide  by  law, 
out  of  court,  take  the  acknowledgment  of  deeds;  and  the  same  being 
thereon  certified,  under  his  hand,  such  deed  shall  be  recorded,  and 
have  the  same  effect,  as  if  acknowledged  in  open  court. 

Sec.  7.  In  civil  causes,  when  pending,  the  supreme  court  and  court 
of  common  pleas  shall  have  the  power,  before  judgment,  of  directing, 
upon  such  terms  as  they  shall  deem  reasonable,  amendments  in  plead- 
ings and  legal  proceedings,  so  that  by  error  in  any  of  them  the  de- 
termination of  causes,  according  to  their  real  merits,  shall  not  be 
hindered;  and  also  of  directing  the  examination  of  witnesses  that 
are  aged,  very  infirm,  or  going  out  of  the  State,  upon  interrogatories 
de  hene  esse^  to  be  read  in  evidence  in  case  of  the  death  or  departure 
of  the  witnesses  before  the  trial,  or  inability  by  reason  of  age,  sick- 
ness, bodily  infirmity,  or  imprisonment  then  to  attend ;  and  also  the 
power  of  obtaining  evidence  from  places  not  within  the  State. 


576  Delaware -179^ 

Sec.  8.  Suits  may  originate  in  the  supreme  court  or  court  of  com- 
mon pleas. 

Sec.  9.  One  judge  of  the  supreme  court,  or  of  the  court  of  common 
pleas,  may,  if  the  other  judges  come  not,  open  and  adjourn  the  court, 
and  may  also  make  the  necessary  rules  preparatory,  respectively,  to 
the  trial  or  argument  of  causes. 

Sec.  10.  At  any  time  pending  an  action  for  debt  or  damages,  the 
defendant  may  bring  into  court  a  sum  of  money  for  discharging  the 
same,  and  the  costs  then  accrued,  and  the  plaintiti'  not  accepting 
thereof,  it  shall  be  delivered  for  his  use  to  the  clerk  or  prothonotary 
of  the  court;  and  if,  upon  the  final  decision  of  the  cause,  the  plaintili" 
shall  not  recover  a  greater  sum  than  that  so  paid  into  court  lor  him, 
he  shall  not  recover  any  costs  accruing  after  such  payment,  except 
where  the  plaintiff  is  an  executor  or  administrator. 

Sec.  11.  By  the  death  of  any  party,  no  suit  in  chancery  or  at  law, 
where  the  cause  of  action  survives,  shall  abate;  but,  untd  the  legis- 
lature shall  otherwise  provide,  suggestion  of  such  death  being  entered 
of  record,  the  executor  or  administrator  of  a  deceased  petitioner,  or 
plaintiff,  may  prosecute  the  said  suit;  and  if  a  respondent  or  defend- 
ant dies,  the  executor  or  administrator,  being  duly  served  with  a 
scire  facias,  thirty  days  before  the  return  thereof,  shall  be  considered 
as  a  party  to  the  suit,  in  the  same  manner  as  if  he  had  voluntarily 
made  himself  a  party;  and  in  any  of  those  cases  the  court  shall  pass 
a  decree,  or  render  judgment  for  or  against  executors  or  admmis- 
trators  as  to  right  ai^pertains.  But  where  an  executor  or  adminis- 
trator of  a  deceased  respondent  or  defendant  becomes  a  party,  the 
court,  upon  motion,  shall  grant  such  a  continuance  of  the  cause  as 
to  the  judges  shall  appear  proper. 

Sec.  12.  Whenever  a  person,  not  being  an  executor  or  adminis- 
trator, appeals  from  a  decree  of  the  chancellor,  or  applies  for  a  writ 
of  error,  such  appeal  or  writ  shall  be  no  stay  of  proceeding  in  the 
chancery,  or  the  court  to  which  the  writ  issues,  unless  the  appellant 
or  plaintiff  in  error  shall  give  sufficient  security,  to  be  approved 
respectively  by  the  chancellor,  or  by  a  judge  of  the  court  from  which 
the  writ  issues,  that  the  appellant  or  plaintiff  in  error  shall  prosecute 
respectivelv  his  appeal  or  writ  to  effect,  and  pay  the  condemnation- 
money  and  all  costs,  or  otherwise  abide  the  decree  in  appeal  or  the 
judgment  in  error,  if  he  fail  to  make  his  plea  good. 

Sec,  13.  No  writ  of  error  shall  be  brought  upon  any  judgment 
heretofore  confessed,  entered,  or  rendered,  but  within  five  years  from 
this  time;  nor  upon  any  judgment  hereafter  to  be  confessed,  entered, 
or  rendered,  but  within  five  years  after  the  confessing,  entering,  or 
rendering  thereof,  unless  the  person  entitled  to  such  writ  be  an  infant, 
feme-coro't,  non  compos  mentis,  or  a  prisoner,  and  then  within  five 
years  exclusive  of  the  time  of  such  disability. 

Sec.  14.  The  equity  jurisdiction  heretofore  exercised  by  the  judges 
of  the  court  of  common  pleas  shall  be  separated  from  the  common-law 
jurisdiction,  and  vested  in  a  chancellor,  who  shall  hold  courts  of 
chancery  in  the  several  counties  of  this  State.  In  cases  of  equity 
jurisdiction,  where  the  chancellor  is  interested,  the  cognizance  thereof 
shall  belong  to  tlie  court  of  common  pleas,  with  an  appeal  to  the  high 
court  of  errors  and  appeals. 

Sec.  15.  The  judges  of  the  court  of  common  pleas,  or  any  two  of 


Delaware— 179^  577 

them,  shall  compose  the  orphans'  court  of  each  county,  and  may  exer- 
cise the  equity  jurisdiction  heretofore  exercised  by  the  orphans'  courts, 
except  as  to  the  adjusting  and  settling  executors,  administrators,  and 
guardians'  accounts;  in  which  cases  they  shall  have  an  appellate 
jurisdiction  from  the  sentence  or  decree  of  the  register.  This  court 
may  issue  process  throughout  the  State  to  compel  the  attendance  of 
witnesses.  Appeals  may  be  made  from  the  orphans'  court,  in  cases 
where  that  court  has  original  jurisdiction,  to  the  supreme  court, 
whose  decision  shall  be  final. 

Sec.  16.  An  executor,  administrator,  or  guardian  shall  file  every 
account  with  the  register  for  the  county,  who  shall,  as  soon  as  con- 
veniently may  be,  carefully  examine  the  particulars,  with  the  proofs 
thereof,  in  the  presence  of  such  executor,  administrator,  or  guardian, 
and  shall  adjust  and  settle  the  same,  according  to  the  very  right  of 
the  matter,  and  the  law  of  the  land;  Avhich  account,  so  settled,  shall 
remain  in  his  office  for  inspection;  and  the  executor,  administrator, 
or  guardian  shall,  within  three  months  after  such  settlement,  give 
due  notice,  in  writing,  to  all  persons  entitled  to  shares  of  the  estate, 
or  to  their  guardians  respectively  if  residing  within  the  State,  that 
the  account  is  lodged  in  the  said  office  for  inspection;  and  the  judges 
of  the  orphans'  court  shall  hear  the  exceptions  of  any  persons  con- 
cerned, if  any  be  made,  and  thereupon  allow  no  demand  whatever 
against  the  estate  of  the  deceased,  unless,  upon  consideration  of  all 
circumstances,  they  shall  be  fully  convinced  that  the  same  is  there- 
with justly  chargeable. 

Sec.  17.  The  registers  of  the  several  counties  shall  respectively 
hold  the  register's  court  in  each  county.  Upon  the  litigation  of  a 
cause,  the  depositions  of  the  Avitnesses  examined  shall  be  taken  at 
large  in  writing,  and  make  part  of  the  proceedings  in  the  cause. 
This  court  may  issue  process  throughout  the  State  to  compel  the 
attendance  of  witnesses.  Appeals  may  be  made  from  a  register's 
court  to  the  supreme  court,  whose  decision  shall  be  final.  In  cases 
where  a  register  is  interested  in  questions  concerning  the  probate  of 
wills,  the  granting  letters  of  administration,  or  executors,  administra- 
tors, or  guardians'  accounts,  the  cognizance  thereof  shall  belong  to 
the  orphans'  court,  with  an  appeal  to  the  supreme  court,  whose  de- 
cision shall  be  final. 

Sec.  18.  The  prothonotaries  of  the  court  of  common  pleas  may 
issue  process  as  heretofore,  take  recognizances  of  bail,  and  sign  con- 
fessions of  judgment;  and  the  clerks  of  the  supreme  court  shall  have 
the  like  powers.  No  judgment  in  the  supreme  court  or  court  of  com- 
mon pleas  held  for  one  county  shall  bind  lands  or  tenements  in 
another,  until  a  testatum  fieri  facias,  being  issued,  shall  be  entered  of 
record  in  the  office  of  the  prothonotary  of  the  county  wherein  the 
lands  or  tenements  are  situated. 

Sec.  19.  The  judges  of  the  court  of  common  pleas  shall,  by  virtue 
of  their  offices,  compose  the  courts  of  general  quarter-sessions  of  the 
peace  and  gaol-delivery  within  the  several  counties.  Any  tw^o  of 
the  said  judges  shall  be  a  quorum. 

Sec.  20.  The  governor  shall  appoint  a  competent  number  of  per- 
sons to  the  office  of  justice  of  the  peace,  not  exceeding  twelve  in  each 
county,  until  two-thirds  of  both  houses  of  the  legislature  shall  by 
law  direct  an  addition  to  the  number,  who  shall  be  commissioned  for 


578  Delaware— 179^ 

seven  years,  if  so  long  they  shall  behave  themselves  well:  but  may 
be  removed  by  the  governor  within  that  time  on  conviction  of  misbe- 
havior in  office,  or  on  the  address  of  both  houses  of  the  legislature. 

Sec.  21.  The  style  in  all  process  and  public  acts  shall  be,  "T^Ae  State 
of  Delawarey  I*rosecutions  shall  be  carried  on  in  the  name  of  the 
State,  and  shall  conclude,  "  against  the  peace  and  dignity  of  the 
State:' 

Article  VII 

Section  1.  There  shall  be  a  court  styled  ''''The  high  court  of  errors 
and  appeals^'"'  which  shall  consist  of  the  chancellor  and  of  the  judges 
of  the  supreme  court  and  court  of  common  pleas.  ^Viiy  four  of  the 
judges  of  this  court  may  proceed  on  business,  but  any  smaller  number 
may  open  and  adjourn  the  court.  If  any  of  them  has  rendered  judg- 
ment or  passed  a  decree  in  any  cause  before  removal,  he  shall  not 
sit  judicially  upon  the  hearing  of  the  same  in  this  court,  but  may 
assign  the  reasons  upon  which  such  judgment  was  rendered,  or  sucn 
decree  passed.  The  chancellor  shall  preside,  except  when  he  cannot 
sit  judicially;  and  in  such  cases,  or  ni  his  absence,  the  chief-justice 
of  the  supreme  court ;  but  if  he  is  so  disqualified  or  absent,  then  the 
chief-justice  of  the  court  of  common  pleas  shall  preside;  and  if  he  is 
so  disqualified  or  absent,  then  the  next  eldest  judge,  according  to 
priority  in  date  of  commissions,  if  present,  and  not  disqualified  as 
aforesaid,  shall  preside.  This  court  shall  have  power  to  issue  writs 
of  error  to  the  supreme  court,  and  to  the  court  of  common  pleas,  and 
to  receive  and  determine  appeals  from  interlocutory  or  final  orders 
or  decrees  of  the  chancellor.  Errors  shall  be  assigned  and  causes  of 
appeal  exhibited  in  writing  speedily,  and  citations  duly  served  on 
adverse  parties. 

Sec.  2.  Upon  the  reversal  of  a  judgment  of  the  supreme  court  or  of 
the  court  of  common  pleas,  or  a  decree  of  the  chancellor,  this  court 
shall  respectively  render  such  judgment  or  i)ass  such  decree  as  the 
supreme  court,  or  the  court  of  connuon  pleas,  or  the  chancellor  ought 
to  have  rendered  or  passed,  except  where  the  reversal  is  in  favor  of 
the  plaintiff  or  petitioner  in  the  original  suit,  and  the  damages  to 
be  assessed,  or  the  matters  to  be  decreed,  are  imcertain;  in  any  of 
which  cases  the  cause  shall  be  remanded,  in  order  to  a  final  decision. 

Sec.  3.  The  judges  of  this  court  may  issue  all  process  proper  for 
bringing  records  fully  before  them,  and  for  carrying  their  determina- 
tions into  execution. 

Article  VIII 

Section  1.  The  members  of  the  senate  and  house  of  representa- 
tives, the  chancellor,  the  judges  of  the  supreme  court  and  the  court 
of  common  pleas,  and  the  attorney -general,  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State;  and  the 
treasurer,  secretary,  clerks  of  the  supreme  court,  prothonotafies,  regis- 
ters, recorders,  sheriffs,  and  coroners  shall,  by  virtue  of  their  offices, 
be  conservators  thereof  within  the  counties  respectively  in  which  they 
reside. 

Sec.  2.  The  representative,  and  when  there  shall  Ix*  more  than  one 
the  representatives,  of  the  people  of  this  State  in  Congress,  shall  be 
voted  for  at  the  same  places  where  re]iresentatives  in  the  State  legis- 
lature are  voted  for,  and  in  the  same  manner. 


Delaware— 1792  579 

Sec.  3.  The  State  treasurer  shall  be  appointed  annually  by  the 
house  of  representatives,  with  the  concurrence  of  the  Senate.  No 
person  who  hath  served  in  the  office  of  State  treasurer  shall  be  eligible 
to  a  seat  in  either  house  of  the  legislature  until  he  shall  have  made  a 
final  settlement  of  his  accounts  as  treasurer,  and  discharged  the  bal- 
ance, if  any,  thereon  due. 

Sec.  4.  Two  persons  for  the  office  of  sheriff,  and  two  for  the  office 
of  coroner,  shall  be  chosen  by  the  citizens  residing  in  each  county,  and 
having  right  to  vote  for  representatives,  at  the  time  and  places  of 
election  of  representatives,  one  of  whom  for  each  office  respectively 
shall  be  appointed  by  the  governor.  They  shall  hold  their  offices  for 
three  years,  if  so  long  they  shall  behave  themselves  well,  and  until 
successors  be  duly  qualified;  but  no  person  shall  be  twice  appointed 
sheriff,  upon  election  by  the  citizens,  in  any  term  of  six  years.  The 
governor  shall  fill  vacancies  in  these  offices  by  new  appointments,  to 
continue  unto  the  next  general  election,  and  until  successors  shall 
be  chosen  and  duly  qualified.  The  legislature,  two-thirds  of  each 
branch  concurring,  may,  when  it  shall  be  judged  expedient,  vest  the 
appointment  of  sheriffs  and  coroners  in  the  governor;  but  no  person 
shall  be  twice  apj)ointed  sheriff  in  any  term  of  six  years. 

Sec.  5.  The  attorney-general,  clerks  of  the  supreme  court,  pro- 
thonotaries,  registers,  clerks  of  the  orphans'  courts  and  of  the  peace, 
shall  respectively  be  commissioned  for  five  years,  if  so  long  they 
shall  behave  themselves  well;  but  may  be  removed  by  the  gov- 
ernor within  that  time,  on  conviction  of  misbehavior  in  office,  or 
on  the  address  of  both  houses  of  the  legislature.  Prothonotaries, 
clerks  of  the  supreme  court,  of  the  orphans'  courts,  registers,  record- 
ers, and  sheriffs,  shall  keep  their  offices  in  the  town  or  place  in  each 
county  in  Avhich  the  supreme  court  and  the  court  of  common  pleas 
are  usually  held. 

Sec.  6.  Attorneys  at  law,  all  inferior  officers  in  the  treasury 
department,  election  officers,  officers  relating  to  taxes^  to  the  poor,  and 
to  highways,  constables  and  hundred  officers,  shall  be  appointed  in 
such  manner  as  is  or  may  be  directed  by  law. 

Sec.  7.  All  salaries  and  fees  annexed  to  offices  shall  be  moderate; 
and  no  officer  shall  receive  any  fees  whatever,  without  giving  to  the 
person  who  pays  a  receipt  for  them,  if  required,  therein  specifying 
every  particular,  and  the  charge  for  it. 

Sec.  8.  No  costs  shall  be  paid  by  a  person  accused,  on  a  bill  being 
returned  ignoramus;  nor  on  acquittal  by  a  jury,  unless  a  majority  of 
the  judges  present  at  the  trial  certify  that  there  was  probable  cause 
for  the  prosecution. 

Sec.  9.  The  rights,  privileges,  immunities,  and  estates  of  religious 
societies  and  corporate  bodies  shall  remain  as  if  the  constitution  of 
this  State  had  not  been  altered.  No  clergyman  or  preacher  of  the 
gospel,  of  any  denomination,  shall  be  capable  of  holding  any  civil 
office  in  this  State,  or  of  being  a  member  of  either  branch  of  the 
legislature,  while  he  continues  in  the  exercise  of  the  pastoral  or 
clerical  functions. 

Sec.  10.  All  the  laws  of  this  State,  existing  at  the  time  of  making 
this  constitution,  and  not  inconsistent  with  it,  shall  remain  in  force, 
unless  they  shall  be  altered  by  future  laws;  and  all  actions  and  prose- 
cutions now  pending  shall  proceed  as  if  this  constitution  had  not  been 
made. 


580  .  Delaware— 1792 

Sec.  11.  This  constitution  shall  be  prefixed  to  every  edition  of 
the  laws  made  by  direction  of  the  letjislature. 

Sec.  12.  The  legrislature  shall,  as  soon  as  conveniently  may  be, 
provide  b^'  law  for  ascertaining  what  statutes  and  parts  of  statutes 
shall  continue  to  be  in  force  within  this  State;  for  reducing  them,  and 
all  acts  of  the  general  assembly,  into  such  order,  and  publishing 
them  in  such  manner,  that  thereby  the  knowledge  of  them  may  be 
generally  diffused :  for  choosing  inspectors  and  judges  of  elections, 
and  regulating  the  same,  in  such  manner  as  shall  most  effectually 
guard  the  rights  of  the  citizens  entitled  to  vote;  for  better  securing 
personal  liberty,  and  easily  and  speedily  redressing  all  wrongful 
restraints  thereof;  for  more  certainly  obtaining  returns  of  impartial 
juries;  for  dividing  lands  and  tenements  in  sales  by  sheriffs,  where 
they  will  bear  a  division,  into  as  many  parcels  as  may  be,  without 
spoiling  the  whole,  and  for  advertising  and  making  the  sales,  in  such 
manner  and  at  such  times  and  places  as  may  render  them  most 
beneficial  to  all  persons  concerned;  and  for  establishing  schools,  and 
promoting  arts  and  sciences. 

Article  IX 

Membei-s  of  the  general  assembly,  and  all  officers,  executive  and 
judicial,  shall  be  bound,  by  oath  or  affirmation,  to  support  the  con- 
stitution of  this  State,  and  to  perform  the  duties  of  their  respective 
offices  with  fidelity. 

Article  X 

The  general  assembly,  whenever  two-thirds  of  each  house  shall  deem 
it  necessary,  may,  with  the  approbation  of  the  governor,  propose 
amendments  to  this  constitution,  and  at  least  three,  and  not  more  than 
six  months,  before  the  next  general  election  of  representatives,  duly 
publish  them  in  print,  for  the  consideration  of  the  people;  and,  if 
three-fourths  of  each  branch  of  the  legislature  shall,  after  such  an 
election,  and  l)efore  another,  ratify  the  said  amendments,  they  shall 
be  valid  to  all  intents  and  purposes,  as  parts  of  this  constitution. 
No  convention  shall  be  called  but  by  the  authority  of  the  people; 
and  an  unexceptionable  mode  of  making  their  sense  known,  will  be 
for  them,  at  a  general  election  of  representatives,  to  vote  also,  by 
ballot,  for  or  against  a  convention,  as  they  shall  severally  choose  to 
do;  and  if,  thereupon,  it  shall  appear  that  a  majority  of  all  the 
citizens  in  the  State,  having  right  to  vote  for  representatives,  have 
voted  for  a  convention,  the  general  assembly  shall,  accordingly,  at 
their  next  sessions,  call  a  convention,  to  consist  of  at  least  as  many 
members  as  there  are  in  both  houses  of  the  legislature,  to  be  chosen 
in  the  same  manner,  at  the  same  places,  and  at  the  same  time  that 
representatives  are  by  the  citizens  entitled  to  vote  for  representatives, 
on  due  notice  given  iFor  one  month,  and  to  meet  within  three  months 
after  they  shall  be  elected. 

Schedule 

That  no  inconveniences  may  arise  from  the  alterations  of  the  con- 
stitution of  this  State,  and  in  order  to  carry  the  same  into  complete 
operation,  it  is  hereby  declared  and  ordained — 


Delaware— 1792  581 

I.  That  the  president,  or,  in  case  of  his  death,  inability,  or  absence 
from  the  State,  the  speaker  of  the  legislative  council,  at  that  time, 
and  in  case  of  his  death,  inability,  or  absence  from  the  State,  the 
speaker  of  the  house  of  assembly,  at  that  time,  shall  respectively, 
Avith  the  privy  council,  exercise  the  executive  authority  of  this  State, 
until  the  third  Tuesday  in  January  next.  If  the  death,  inability,  or 
absence  of  the  president  shall  happen  after  the  first  Tuesday  of  next 
October,  and  before  the  first  Tuesday  in  next  January,  then  the  execu- 
tive authority  shall  devolve  upon  the  person  who  was  speaker  of  the 
council  at  the  next  preceding  session  of  the  general  assembly ;  and  in 
case  of  his  death,  inability,  or  absence,  upon  the  person  who  was 
speaker  of  the  house  of  assembly  at  the  said  next  preceding  session. 

II.  That  all  persons  holding  offices  to  which,  under  this  constitu- 
tion, appointments  are  to  be  made  by  the  governor,  shall  continue  in 
the  exercise  of  the  duties  of  their  respective  offices,  until  the  first 
Tuesday  of  October,  1793,  unless  their  commissions  shall  sooner 
expire  by  their  ow^n  limitations,  or  the  said  offices  shall  become  vacant 
by  death  or  resignation,  and  no  longer,  unless  reappointed  and  com- 
missioned by  the  governor. 

III.  That  justice  shall  be  administered  in  the  several  counties  of 
this  State,  until  the  period  last  mentioned,  by  the  same  justices,  in  the 
same  courts,  and  in  the  same  manner  as  heretofore. 

IV.  That  the  sheriffs  elected  at  October  next  shall  hold  their 
respective  commissions  two  years,  and  no  longer,  from  that  time,  or 
until  new  sheriffs  are  elected  and  appointed;  and  such  persons  shall 
not  be  again  eligible  until  the  expiration  of  three  years  after  their 
commissions  cease. 

V.  That  the  elections  of  governor,  senators,  and  representatives 
shall  be  conducted  by  the  same  persons  and  in  the  same  manner  as  is 
prescribed  by  the  election  laws  of  this  State  concerning  the  election 
of  members  of  the  council  and  of  the  house  of  assembly;  and  the 
returns  thereof  shall  be  made  respectively  to  the  person  exercising 
the  executive  authority,  to  the  senate,  and  to  the  house  of  representa- 
tives. 

VI.  The  first  meeting  of  the  legislature  under  this  constitution 
shall  be  at  the  town  of  Dover. 

Done  in  convention  the  twelfth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  ninety-two,  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  sixteenth.  In  testimony 
whereof  we  have  hereunto  subscribed  our  names. 

Thomas  Montgomery,  President. 

Attest :  James  Booth,  Secretary. 

AMENDMENT  TO  THE  CONSTITUTION  OF  1792. 

The  chancellor  shall  compose  the  orphans'  court  of  each  county, 
and  exercise  the  equity  jurisdiction  heretofore  exercised  by  the 
orphans'  court,  except  as  to  the  adjusting  and  settling  executors, 
administrators,  and  guardians'  accounts,  in  which  case  he  shall  have 
an  appellate  jurisdiction  from  the  sentence  and  decree  of  the  register. 
This  court  may  issue  process  throughout  the  State  to  compel  the 
attendance  of  witnesses.  Appeals  may  be  made  from  the  orphans' 
court,  in  cases  where  that  court  has  original  jurisdiction,  to  the 
supreme  court,  whose  decision  shall  be  final. 


582  Delaware— 1831 

CONSTITUTION  OF  DELAWARE— 1831  *  » 

We,  the  people,  hereby  ordain  and  establish  this  constitution  of 
government  for  the  State  of  Delaware. 

Through  divine  goodness  all  men  have,  by  nature,  the  rights  of 
worshippin|r  and  serving  their  Creator  according  to  the  dictates  of 
their  consciences;  of  enjoying  and  defending  life  and  liberty,  of 
acquiring  and  protecting  reputation  and  proi)erty,  and,  in  general, 
of  attaining  objects  suitable  to  their  condition,  without  injury  by 
one  to  anotlier;  and  as  these  rights  are  essential  to  their  welfare, 
for  the  due  exercise  thereof,  power  is  inherent  in  them ;  and  therefore 
all  just  authority  in  the  institutions  of  political  society  is  derived 
from  the  j^eople,  and  established  with  their  consent,  to  advance  their 
happiness.  And  they  may  for  this  end,  as  circumstances  require, 
from  time  to  time,  alter  their  constitution  of  government. 

Article  I 

Section  1.  Although  it  is  the  duty  of  all  men  frequently  to  assem- 
ble together  for  the  public  worship  of  the  Author  of  the  universe, 
and  piety  and  morality,  on  which  the  prosperity  of  communities 
depends,  are  thereby  promoted,  yet  no  man  shall,  or  ought  to  be 
compelled  to  attend  any  religious  worship,  to  contribute  to  the  erec- 
tion or  support  of  any  place  of  Avorship,  or  to  the  maintenance  of  any 
ministry,  against  his  own  free  will  and  consent ;  and  no  power  shall 
or  ought  to  be  vested  in  or  assumed  by  any  magistrate  that  shall,  in 
any  case,  interfere  with,  or  in  any  manner  control,  the  rights  of  con- 
science in  the  free  exercise  of  religious  worship;  nor  shall  a  prefer- 
ence be  given  by  law  to  any  religious  societies,  denomination,  or  modes 
of  worship. 

Sec.  2.  No  religious  test  shall  be  required  as  a  qualification  to  any 
office  or  public  trust  under  this  State. 

Sec.  3.  All  elections  shall  be  free  and  equal. 

Sec.  4.  Trial  by  jury  shall  be  as  heretofore. 

Sec.  5.  The  press  shall  be  fi'ee  to  every  citizen  who  undertakes  to 
examine  the  official  conduct  of  men  acting  in  a  public  capacity,  and 
any  citizen  may  print  on  any  such  subject,  being  responsible  for  the 
abuse  of  that  liberty.  In  prosecutions  for  publications  investing  the 
proceedings  of  officers,  or  where  the  matter  published  is  proper  for 

*  Journal  of  the  Convention  of  the  People  of  the  State  of  Deleware  which 
assembled  at  Dover  in  the  year  of  liOrd,  One  thousand  eight  hundred  and  thirty 
one,  and  the  Indei)endence  of  the  United  States,  the  fifty-sixth.  Wilmington : 
Da ;  R.  &  J.  B.  Porter.  Printers.     i>p.  129. 

"  Journal  in  Committee  of  the  Whole  of  the  Convention  of  the  People  of  the 
State  of  Deleware,  which  assemble<l  at  Dover,  in  the  year  1831,  and  of  the 
Independence  of  the  United  States  the  fifty-sixth.  Wilmington,  Del :  R.  &  J.  B. 
Porter,  Printers."    pp.  44, 

"  Debates  of  the  Deleware  Convention  for  Revising  the  Constitution  of  the 
State,  or  adopting  a  new  one.  Held  at  Dover.  November,  18.31.  [Reported  for 
the  Deleware  Gazette  and  American  Watchman]  by  William  M.  Gouge,  Wil- 
mington, Del.  Printed  and  Published  by  Samuel  Barker.  No.  4  Market  Street" 
pp.  264.     Index. 

"This  constitution,  which  is  that  originally  adopted  in  1792.  with  important 
amendments,  was  framed  by  a  wjnvention  which  met  November  8,  1831,  and 
adjourned  Deceml)er  2,  1831.     It  was  not  submitted  to  the  peoples. 


Delaware— i83i  583 

public  information,  the  truth  thereof  may  be  given  in  evidence ;  and 
in  all  indictments  for  libels  the  jury  may  determine  the  facts  and  the 
law  as  in  other  cases. 

Sec.  6.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions  from  unreasonable  searches  and  seizures,  and  no  war- 
rant to  search  any  place,  or  to  seize  any  person  or  things,  shall  issue 
without  describing  them  as  particularly  as  may  be,  nor  then,  unless 
there  be  probable  cause  supported  by  oath  or  affirmation. 

Sec.  7.  In  all  criminal  prosecution  the  accused  hath  a  right  to  be 
heard  by  himself  and  his  counsel;  to  be  plainly  and  fully  informed 
of  the  nature  and  cause  of  the  accusation  against  him;  to  meet 
the  witnesses  in  their  examination  face  to  face;  to  have  compulsory 
process  in  due  time,  on  application  by  himself,  his  friends,  or  counsel, 
for  obtaining  witnesses  in  his  favor,  and  a  speedy  and  public  trial 
by  an  impartial  jury.  He  shall  not  be  compelled  to  give  evidence 
against  himself;  nor  shall  he  be  deprived  of  life,  liberty,  or  property, 
unless  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

Sec.  8.  No  person  shall  for  any  indictable  offence  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  land 
and  naval  forces,  or  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger,  and  no  person  shall  be  for  the  same  offence 
twice  put  in  jeopardy  of  life  or  limb;  nor  shall  any  man's  property 
be  taken  or  applied  to  public  use  without  the  consent  of  his  represent- 
•  atives,  and  without  compensation  being  made. 

Sec.  9.  All  courts  shall  be  open ;  and  every  man  for  an  injury  done 
him  in  his  reputation,  person,  movable  or  immovable  possessions, 
shall  have  remedy  by  the  due  course  of  law,  and  justice  administered 
according  to  the  very  right  of  the  cause  and  the  law  of  the  land, 
Avithout  sale,  denial,  or  unreasonable  delay  or  expense;  and  every 
action  shall  be  tried  in  the  county  in  which  it  shall  be  commenced, 
unless  when  the  judges  of  the  court  in  which  the  cause  is  to  be  tried 
shall  determine  that  an  impartial  trial  therefor  cannot  be  had  in  that 
county.  Suits  may  be  brought  against  the  State,  according  to  such 
regulations  as  shall  be  made  by  law. 

Sec.  10.  No  power  of  suspending  laws  shall  be  exercised,  but  by 
authority  of  the  legislature. 

Sec.  11.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  punishment  inflicted;  and  in  the  construction  of 
jails  a  proper  regard  shall  be  had  to  the  health  of  prisoners. 

Sec.  12.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences,  when  the  proof  is  positive  or  the  presumption 
great ;  and  when  persons  are  confined  on  accusation  for  such  offences, 
their  friends  and  counsel  may  at  proper  seasons  have  access  to  them. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be . 
suspended  unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

Sec.  14.  No  commission  of  oyer  and  terminer  or  gaol-delivery  shall 
be  issued. 

Sec.  15.  No  attainder  shall  work  corruption  of  blood,  nor,  except 
during  the  life  of  the  offender,  forfeiture  of  estate.  The  estates  of 
those  who  destroy  their  own  lives  shall  descend  or  vest  as  in  case  of 
natural  death ;  and  if  any  person  be  killed  by  accident,  no  forfeiture 
shall  be  thereby  incurred. 


584  Delaivare—lSSl 

Sec.  16.  Although  disobedience  to  laws  by  a  part  of  the  people, 
upon  suggestions  of  impolicy  or  injustice  in  them,  tends,  by  innne- 
diate  effect  and  the  influence  of  example,  not  onh'  to  endanger  the 
public  welfare  and  safetv,  but  also  in  governments  of  a  republican 
form  contravenes  the  socuil  principles  of  such  governments  founded 
on  common  consent  for  conunon  good,  yet  the  citizens  have  a  right  in 
an  orderly  manner  to  meet  together,  and  to  apply  to  persons  intrusted 
with  the  powers  of  government  for  redress  of  gi'ievances  or  other 
proper  purposes,  by  petition,  remonstrance,  or  address. 

Sec.  17.  rso  standing  army  shall  l)e  kept  up  without  the  consent  of 
the  legislature;  and  the  military  shall,  in  all  cases  and  at  all  times, 
be  in  strict  subordination  to  the  civil  power. 

Sec.  18.  No  soldier  shall  in  time  of  peace  be  quartered  in  any 
house  without  the  consent  of  the  ow^ner,  nor  in  time  of  war  but  by  a 
civil  magistrate,  in  a  manner  to  be  prescribed  by  law. 

Sec.  19.  Xo  hereditary  distinction  shall  be  granted,  nor  any  office 
created  or  exercised,  the  appointments  to  which  shall  be  for  a  longer 
term  than  during  good  behavior;  and  no  person  holding  any  office 
under  this  State  shall  accept  of  any  office  or  title  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  state. 

We  declare  that  everything  in  this  article  is  reserved  out  of  the 
general  powers  of  government  hereinafter  mentioned. 

Article  II 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a  senate  and  house  of  repre- 
sentatives. 

Sec.  2.  The  representatives  shall  be  chosen  [for  two  years]  by  the 
citizens  residing  in  the  several  counties. 

Xo  person  shall  be  a  representative  who  shall  not  have  attained  the 
age  or  twenty-four  years,  and  have  been  a  citizen  and  inhabitant  of 
the  State  three  years  next  preceding  the  first  meeting  of  the  legisla- 
ture after  his  election,  and  the  last  year  of  that  term  an  inhabitant 
of  the  county  in  which  he  shall  be  chosen,  unless  he  shall  have  been 
absent  on  the  public  business  of  the  United  States,  or  of  this  State. 

There  shall  be  seven  representatives  chosen  in  each  county,  until  a 
greater  number  of  representatives  shall  by  the  general  assembly  be 
judged  necessary ;  and  then,  two-thirds  o{  each  branch  of  the  legis- 
lature concurring,  they  may  by  law  make  provision  for  increasing 
their  number. 

Sec.  3.  The  senators  shall  be  chosen  for  four  years  by  the  citizens 
residing  in  the  several  counties. 

Xo  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age 
of  twenty-seven  years,  and  have,  in  the  county  in  which  he  shall  be 
chosen,  a  freehold  estate  in  two  hundred  acres  of  land,  or  an  estate 
in  real  or  personal  projjerty,  or  in  either,  of  the  value  of  one  thousand 
pounds  at  least,  and  have  been  a  citizen  and  inhabitant  of  the  State 
three  years  next  preceding  the  first  meeting  of  the  legislature  after 
his  election,  and  the  last  year  of  that  term  an  inhabitant  of  the 
county  in  which  he  shall  Ix?  chosen,  unless  he  shall  have  been  absent 
(m  the  public  business  of  the  TTnited  States,  or  of  this  State. 

There  shall  \yo  three  senators  chosen  in  each  county.  When  a 
greater  number  o^^  senators  shall  bv  the  general  assembly  be  judged 


Delaware— 1831  585 

necessary,  two-thirds  of  each  branch  concurring,  they  may  by  hiw 
make  provision  for  increasing  their  number;  but  the  number  of  sena- 
tors shall  never  be  greater  than  one-half  nor  less  than  one-third  of 
the  number  of  rei)resentatives. 

If  the  office  of  representative  or  the  office  of  senator  become  vacant 
before  the  regular  expiration  of  the  term  thereof,  a  representative  or 
a  senator  shall  be  elected  to  fill  such  vacancy,  and  shall  hold  the 
office  for  the  residue  of  said  term. 

AVhen  there  is  a  vacancy  in  either  house  of  the  general  assembly, 
and  the  general  assembly  is  not  in  session,  the  governor  shall  have 
power  to  issue  a  writ  of  election  to  fill  such  vacancy;  which  writ 
shall  be  executed  as  a  writ  issued  by  a  speaker'of  either  house  in  case 
of  vacancy. 

Sec.  4.  The  general  assembly  shall  meet  on  the  first  Tuesday  of 
January,  biennially,  unless  sooner  convened  by  the  governor. 

The  first  meeting  of  the  general  assembly,  under  this  amended 
constitution,  shall  be  on  the  first  Tuesday  of  January,  in  the  year  of 
our  Lord  1833,  which  shall  be  the  commencement  of  the  biennial 
sessions.  • 

Sec.  5.  Each  house  shall  choose  its  speaker  and  other  officers;  and 
also  each  house,  whose  speaker  shall  exercise  the  office  of  governor, 
may  choose  a  speaker  pro  tempore. 

Sec.  G.  Each  house  shall  judge  of  the  elections,  returns,  and  qualifi- 
cations of  its  own  members;  and  a  majority  of  each  shall  constitute 
a  quorum  to  do  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  shall  be  authorized  to  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such  penalties  as  shall 
be  deemed  expedient. 

Sec.  7.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  any  of  its  members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds,  expel  a  member,  and  shall  have  all  other 
powers  necessary  for  a  branch  of  the  legislature  of  a  free  and 
independent  State. 

Sec.  8.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  them  immediately  after  every  session,  except  such  parts  as 
may  require  secrecy,  and  the  j^eas  and  nays  of  the  members  on  any 
question  shall,  at  the  desire  of  any  member,  be  entered  on  the  journal. 

Sec.  9.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept 
secret. 

Sec.  10.  Neither  house. shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  houses  shall  be  sitting. 

Sec.  11.  The  senators  and  representatives  shall  receive  a  compensa- 
tion for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
treasury  of  the  State;  but  no  law  varying  the  compensation  shall 
take  effect  until  an  election  of  the  representatives  shall  have  inter- 
vened. They  shall  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  the 
sessions  of  their  respective  houses,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house  they 
shall  not  be  questioned  in  any  other  place. 

Sec.  12.  Ni)  senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 


586  Delaware— 1831 

under  this  State,  which  shall  have  been  created,  or  the  emoluments 
of  which  shall  have  been  increased,  during  such  time,  ^o  person 
concerned  in  any  army  or  navy  contracts,  nor  member  of  Congress, 
nor  any  person  holding  any  office  under  this  State,  or  the  United 
States,  except  the  attorney-general,  officers  usually  appointed  by  the 
courts  of  justice,  respectively,  attorneys  at  law,  and  officers  in  the 
militia,  holding  no  disqualifying  office,  shall,  during  his  continuance 
in  Congress  or  in  office,  be  a  senator  or  repi-esentative. 

Sec.  13.  When  vacancies  happen  in  either  house,  writs  of  election 
shall  be  issued  by  the  speakers  respectively,  or  in  cases  of  necessity, 
in  such  other  manner  as  shall  be  provided  bv  law;  and  the  persons 
thereupon  chosen  shall  hold  their  seats  as  long  as  those  in  whose 
stead  they  are  elected  might  have  done  if  such  vacancies  had  not 
happened. 

OEC.  14.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives;  but  the  senate  may  propose  alterations  as  on  other 
bills;  and  no  bill,  from  the  operations  of  which,  when  passed  into  a 
law,  revenue  may  incidentally  arise,  shall  be  accounted  a  bill  for 
raising  revenue;  nor  shall  any  matter  or  clause  whatever,  not  imme- 
diately relating  to  and  necessary  for  raising  revenue,  be  in  any  man- 
ner blended  with  or  annexed  to  a  bill  for  raising  revenue. 

Sec.  15.  No  money  shall  Ix"  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  bv  law ;  and  a  regular  statement  and 
account  of  the  receipts  and  expenditures  of  all  public  money  shall  be 
published  at  least  once  in  every  two  yearn. 

Sec.  1G.  The  State  treasurer  shall  l)c  appointed  biennially  by  the 
house  of  representatives,  with  the  concurrence  of  the  senate.  In  case 
of  vacancy  in  the  office  of  State  treasurer  in  the  recess  of  the  general 
assembly,  either  through  omission  of  the  general  assembly  to  appoint, 
or  by  the  death,  removal  out  of  the  State,  resignation,  or  inability  of 
the  State  treasurer,  or  his  failure  to  give  security,  the  goA^ernor  shall 
fill  the  vacanc}'  by  appointment,  to  continue  until  the  next  meeting  of 
the  general  assembly.  The  State  treasurer  shall  settle  his  accounts 
annually  with  the  general  assembly,  or  a  committee  thereof,  which 
shall  be  appointed  at  every  biennial  session.  No  person  who  hath 
served  in  the  office  of  State  treasurer  shall  lie  eligible  to  a  seat  in 
either  house  of  the  general  assembly  until  he  shall  have  made  a  final 
settlement  of  his  accounts  as  treasurer,  and  discharged  the  balance,  if 
any,  dur  thereon. 

Sec.  17.  No  act  of  incorporation,  except  for  the  renewal  of  existing 
corporation.',  shall  be  hereafter  enacted  without  the  concurrence  of 
two-thirds  of  each  branch  of  the  legislature,  and  with  a  reserved 
power  of  revocation  by  the  legislature;  and  no  act  of  incorporation 
which  may  l)e  hereafter  enacted  shall  continue  in  force  for  a  longer 
period  than  twenty  years,  without  the  reenactment  of  the  legislature, 
unless  it  be  an  incorporation  for  public  improvement." 

Article  III 

SEmoN  1.  The  supreme  executive  powers  of  the  State  shall  be 
vested  in  a  governor. 

Sec.  2.  The  governor  shall  be  chosen  by  the  citizens  of  the  State. 

_ 

«  Amended  in  1875. 


Delaware— 1831  587 

The  returns  of  every  election  for  governor  shall  be  sealed  up,  and 
immediately  delivered  by  the  returning  officers  of  the  several  coun- 
ties to  the  speaker  of  the  senate,  or,  in  case  of  the  vacancy  of  the 
office  of  the  speaker  of  the  senate,  or  his  absence  from  the  State,  to 
the  secretary  of  state,  who  shall  keep  the  same  until  a  speaker  of  the 
senate  shall  be  appointed,  to  whom  they  shall  be  immediately  deliv- 
ered after  his  appointment,  who  shall  open  and  publish  the  same  in 
the  presence  of  the  members  of  both  houses  of  the  legislature.  Dupli- 
cates of  the  said  returns  shall  also  be  immediately  lodged  with  the 
prothonotary  of  each  county.  The  person  having  the  highest  number 
of  votes  shall  be  governor;  but  if  two  or  more  shall  be  equal  in  the 
highest  number  of  votes,  the  members  of  the  two  houses  shall,  by 
joint  ballot,  choose  one  of  them  to  be  governor;  and  if,  upon  such 
ballot,  two  or  more  of  them  shall  still  be  equal  and  highest  in  votes, 
the  speaker  of  the  senate  shall  have  an  additional  casting  vote. 

Contested  elections  of  a  governor  shall  be  determined  by  a  joint 
committee,  consisting  of  one-third  of  all  the  members  of  each  branch 
of  the  legislature,  to  be  selected  by  ballot  of  the  house  respectively; 
every  person  of  the  committee  shall  take  an  oath  or  affirmation  that 
in  determining  the  said  election  he  will  faithfully  discharge  the  trust 
reposed  in  him ;  and  the  committee  shall  always  sit  with  open  doors. 

Sec.  3.  The  governor  shall  hold  his  office  during  four  years  from 
the  third  Tuesday  in  January  next  ensuing  his  election,  and  shall 
not  be  eligible  a  second  time  to  said  office. 

Sec.  4.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a 
citizen  and  inhabitant  of  the  United  States  twelve  years  next  before 
the  first  meeting  of  the  legislature  after  his  election,  and  the  last  six 
of  that  term  an  inhabitant  of  this  State,  unless  he  shall  have  been 
absent  on  the  public  business  of  the  United  States,  or  of  this  State. 

Sec.  5.  No  member  of  Congress,  nor  person  holding  any  office 
under  the  United  States,  or  this  State,  shall  exercise  the  office  of 
governor. 

Sec.  6.  The  governor  shall,  at  stated  times,  receive  for  his  services 
an  adequate  salary,  to  be  fixed  by  law,  which  shall  be  neither  in- 
creased nor  diminished  during  the  period  for  which  he  shall  have 
been  elected. 

Sec.  7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
the  State,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

Sec.  8.  He  shall  appoint  all  officers  whose  offices  are  established  by 
this  constitution,  or  shall  be  established  by  law,  and  whose  appoint- 
ments are  not  herein  otherwise  provided  for;  but  no  person  shall  be 
appointed  to  an  office  within  a  county,  who  shall  not  have  a  right  to 
vote  for  representatives,  and  have  been  an  inhabitant  therein  one 
year  next  before  his  appointment,  nor  hold  the  office  longer  than  he 
continues  to  reside  in  the  county.  No  member  of  Congress,  nor  any 
person  holding  or  exercising  any  office  under  the  United  States,  shall 
at  the  same  time  hold  or  exercise  the  office  of  judge,  treasurer,  attor- 
ney-general, secretary,  prothonotary,  register  for  the  probate  of  wills 
and  granting  letters  of  administration,  recorder,  sheriff,  or  any  office 
under  this  State,  with  a  salary  by  law  annexed  to  it,  or  anv  other 
office  which  the  legislature  shall  declare  incompatible  with  oMces  or 
appointments  under  the  United  States.  No  j^erson  shall  hold  more 
than  one  of  the  following  offices  at  the  same  time,  to  wit:   treasurer, 


588  Delaware— 18S1 

attorney-general,  prothonotary,  register,  or  sheriff.  All  commissions 
shall  be  in  the  name  of  the  State,  shall  be  sealed  with  the  great  seal, 
and  be  signed  and  tested  by  the  governor. 

Sec.  i).  lie  shall  have  power  to  remit  fines  and  forfeitures,  and  to 
grant  reprieves  and  pardons,  except  in  cases  of  impeachment.  He 
shall  set  forth  in  writing,  fully,  the  grounds  of  all  reprieves,  pardons, 
and  remissions,  to  be  entered  in  the  register  of  his  official  acts,  and 
laid  before  the  general  assembly  at  their  next  session. 

Sec.  10.  lie  may  require  information  in  writing  from  the  officers 
in  the  executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  general  assembly 
informatiqu  of  affairs  concerning  the  State,  and  reconnnend  to  their 
consideration  such  measures  as  he  shall  judge  exj:>edient. 

Sec.  12.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly;  and,  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  exceeding  three  months. 

Sec.  13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  14.  Upon  any  vacancy  happening  in  the  office  of  governor  by 
his  death,  removal,  resignation,  or  inability,  the  speaker  of  the  senate 
shall  exercise  the  office  until  a  governor  elected  by  the  people  shall  be 
duly  qualified.  If  there  be  no  speaker  of  the  senate,  or  upon  a  further 
vacancy  happening  in  the  office  by  his  death,  removal,  resignation, 
or  inability,  the  speaker  of  the  house  of  representatives  shall  exercise 
the  office  until  a  governor  elected  by  the  people  shall  be  duly  quali- 
fied. If  the  i^erson  elected  governor  shall  die,  or  become  disqualified, 
before  the  commencement  oi  his  term  of  office,  or  shall  refuse  to  take 
the  same,  the  person  holding  the  office  shall  continue  to  exercise  it 
until  a  governor  shall  be  elected  and  duly  qualified.  If  upon  a  va- 
cancy happening  in  the  office  of  governor  there  be  no  other  pei-son 
who  can  exercise  said  office  within  the  provisions  of  the  constitution, 
the  secretary  of  state  shall  exercise  the  same  until  the  next  meeting  of 
the  general  assembly,  who  shall  immediately  proceed  to  elect,  by  joint 
ballot  of  both  houses,  a  person  to  exercise  the  office  until  a  governor, 
elected  by  the  people,  shall  be  duly  qualified.  If  a  vacancy  occur  in 
the  office  of  governor,  or  if  the  governor-elect  die,  or  become  disquali- 
fied, before  the  commencement  of  his  term,  or  refuse  to  take  the  office, 
an  election  for  governor  shall  be  held  at  the  next  general  election, 
unless  the  vacancy  happen  within  six  days  next  preceding  the  elec- 
tion, exclusive  of  the  day  of  the  happening  of  the  vacancy  and  the  day 
of  the  election ;  in  that  case,  if  an  election  for  governor  would  not  have 
been  held  at  said  election,  without  the  happening  of  such  vacancy, 
no  election  for  governor  shall  be  held  at  said  election  in  consequence 
of  such  vacancy.  If  the  trial  of  a  contested  election  shall  continue 
longer  than  until  the  third  Tuesday  of  January  next  ensuing  the 
election  of  a  governor,  the  governor  of  the  last  year,  or  the  sjjeaker 
of  the  senate,  or  of  the  house  of  representatives,  who  may  then  l)e  in 
the  exercise  of  the  executive  authority,  shall  continue  therein  until 
a  determination  of  such  contested  election.  The  governor  shall  not 
be  removed  from  his  office  for  inability  but  with  the  concurrence  of 
two-thirds  of  all  the  members  of  each  branch  of  the  legislature. 

Sec.  IT).  A  secretary  shall  be  appointed  and  commissioned  during 
the  governor's  continuance  in  office,  if  he  shall  so  long  behave  himself 


Delaware— 1831  589 

well.  He  shall  keep  a  fair  register  of  all  the  official  acts  and  proceed- 
ings of  the  governor,  and  shall,  when  required  by  either  branch  of  the 
legislature,  lay  the  same,  and  all  papers,  minutes,  and  vouchers  rela- 
tive thereto,  before  them,  and  shall  perform  such  other  duties  as  shall 
be  enjoined  him  by  law.  He  shall  have  a  compensation  for  his  serv- 
ices, to  be  fixed  by  law. 

Article  IV 

Section  1.  All  elections  for  governor,  senators,  representatives, 
sheriffs,  and  coroners  shall  be  held  on  the  second  Tuesday  "  of  Novem- 
ber, and  be  by  ballot;  and  in  such  elections  every  free  white  male  citi- 
zen of  the  age  of  twenty-two  years  or  upwards,  having  resided  in  the 
State  one  year  next  before  the  election,  and  the  last  month  thereof  in 
the  county  where  he  offers  to  vote,  and  having  within  two  years  next 
before  the  election  paid  a  county  tax,  which  shall  have  been  assessed 
at  least  six  months  before  the  election,  shall  enjoy  the  right  of  an 
elector;  and  every  free  white  male  citizen  of  the  age  of  twenty -one 
years,  and  under  the  age  of  twenty-two  years,  having  resided  as  afore- 
said, shall  be  entitled  to  vote  without  payment  of  any  tax :  Provided, 
That  no  person  in  the  military,  naval,  or  marine  service  of  the  United 
States  shall  be  considered  as  acquiring  a  residence  in  this  State,  by 
being  stationed  in  any  garrison,  barrack,  or  military  or  naval  place  or 
station  within  this  State ;  and  no  idiot,  or  insane  person,  or  pauper, 
or  person  convicted  of  a  crime  deemed  by  law  felony,  shall  enjoy  the 
right  of  an  elector;  and  that  the  legislature  may  impose  the  for- 
feiture of  the  right  of  suffrage  as  a  punishment  for  crime. 

Sec.  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  an  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  them. 

Article  V 

Section  1.  The  house  of  representatives  shall  have  the  sole  power 
of  impeaching;  but  two-thirds  of  all  the  members  must  concur  in  an 
impeachment.  All  impeachments  shall  be  tried  by  the  senate;  and 
when  sitting  for  that  purpose  the  senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  the  evidence.  No  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  all  the  senators. 

Sec.  2.  The  governor,  and  all  other  civil  officers  under  this  State, 
shall  be  liable  to  impeachment  for  treason,  bribery,  or  any  high  crime 
or  misdemeanor  in  office.  Judgment  in  such  cases  shall  not  extend 
furtlier  than  to  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  trust,  or  profit  under  this  State;  but  the  party  con- 
victed shall  nevertheless  be  subject  to  indictment,  trial,  judgment,  and 
punishment  according  to  law. 

Sec.  3.  Treason  against  this  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  the  enemies  of  the  Government,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason, 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
confession  in  open  court. 

"Amended  in  1855. 
7251— VOL  1— (J7 40 


590  Delaware— 1831 

Article  VI 

Section  1.  The  judicial  }K)wer  of  this  State  shall  be  vef5ted  in  a 
court  of  errors  and  appeals,  a  superior  court,  a  court  of  chancery,  an 
orphans'  court,  a  court  of  oyer  and  terminer,  a  court  of  general  ses- 
sions of  the  peace  and  jail-delivery,  a  register's  court,  justices  of  the 
peace,  and  such  other  courts  as  the  general  assembly,  with  the  con- 
currence of  two-thirds  of  all  the  members  of  both  houses,  shall  from 
time  to  time  establish. 

Sec.  2.  To  compose  the  said  courts  there  shall  be  five  judges  in  the 
State,  One  of  them  shall  te  chancellor  of  the  State ;  he  shall  also  be 
president  of  the  orphans'  court ;  he  mav  l)e  appointed  in  anv  part  of 
the  State.  The  other  four  judges  shall  compose  the  superior  court, 
the  court  of  oyer  and  terminer,  and  the  court  of  general  sessions  of 
the  peace  and  jail-delivery,  as  hereinafter  prescribed.  One  of  them 
shall  be  chief-justice  of  the  State,  and  may  be  apjiointed  in  any  part 
of  it.  The  other  three  judges  shall  be  associate  judges,  and  one  of 
them  shall  reside  in  each  county. 

Sec.  3.  The  superior  court  shall  consist  of  the  chief-justice  and  two 
associate  judges.  The  chief-justice  shall  preside  in  every  county, 
and  in  his  absence  the  senior  associate  judge  sitting  in  the  county 
shall  preside.  No  associate  judge  shall  sit  in  the  county  in  which  he 
resides.  Two  of  the  said  judges  shall  constitute  a  qtiorum.  One 
may  open  and  adjourn  the  court,  and  make  all  rules  necessary  for  the 
expediting  of  business. 

This  court  shall  have  jurisdiction  of  all  causes  of  a  civil  nature, 
real,  personal,  and  mixed,  at  common  law,  and  all  other  the  juris- 
diction and  powers  vested  by  the  laws  of  this  State  in  the  supreme 
court  or  court  of  common  pleas. 

Sec.  4.  The  court  of  general  sessions  of  the  peace  and  jail-delivery 
shall  be  composed  in  each  county  of  the  same  judges  and  in  the  same 
manner  as  the  superior  court.  Two  shall  constitute  a  quorum.  One 
mav  open  and  adjourn  the  court.  This  court  shall  have  all  the 
jurisdiction  and  powers  vested  by  the  laws  of  this  State  in  the  court 
of  general  quarter  sessions  of  the  peace  and  jail-deliverj'. 

Sec.  5.  The  chancellor  shall  hold  the  court  of  chancery.  This 
court  shall  have  all  the  powers  vested  by  the  laws  of  this  State  in 
the  court  of  chancer}\ 

Sec.  6.  The  court  of  oyer  and  terminer  shall  consist  of  all  the 
judges  except  the  chancellor.  Three  of  the  said  judges  shall  consti- 
tute a  quorum.  One  may  open  and  adjourn  the  court.  This  court 
shall  exercise  the  jurisdiction  now  vested  in  the  courts  of  oyec  and 
terminer  and  general  jail-delivery  by  the  laws  of  this  State.  In  the 
absence  of  the  chief-justice,  the  senior  associate  present  shall  preside. 

Sec.  7.  The  court  of  errors  and  appeals  shall  have  jurisdiction  to 
issue  writs  of  error  to  the  superior  court,  and  to  receive  appeals  from 
the  court  of  chancery,  and  to  determine  finally  all  matters  in  error 
in  the  judgments  and  proceedings  of  said  superior  court,  and  all  mat- 
ters of  appeal  in  the  interlocutory  or  final  decrees  and  proceedings 
in  chancery.  The  court  of  errors  and  appeals  upon  a  writ  of  error 
to  the  superior  court  shall  consist  of  three  jud^s  at  least;  that  is 
to  say,  the  chancellor,  who  shall  preside,  the  associate  judge  who  could 
not  on  account  of  his  residence  sit  in  the  cause  below,  and  one  of 
the  judges  who  did  sit  in  the  said  cause.     The  ludges  of  the  superior 


Delaware— 1831  591 

court  to  whom  it  appertains  to  hold  the  superior  court  in  each  county 
shall  sit  alternately  in  the  court  of  errors  and  appeals  in  cases  in 
error  brought  from  the  superior  court  held  in  such  county,  according 
to  the  following  rotation,  that  is  to  say:  if  the  judgment  below  be 
rendered  in  the  court  in  New  Castle  County  at  the  first  term  of  the 
said  court  there,  the  chief -justice  shall  sit;  if  at  the  second  term  of 
said  court  there,  the  associate  judge  for  Kent  County  shall  sit;  and 
if  at  the  third  term  of  said  court  there,  the  associate  judge  for  Sus- 
sex County  shall  sit.  If  the  judgment  below  be  rendered  in  the  court 
in  Kent  County  at  the  first  term  of  said  court  there,  the  associate 
judge  for  Sussex  County  shall  sit ;  if  at  the  second  term  of  the  said 
court  there,  the  associate  judge  for  New  Castle  County  shall  sit;  and 
if  at  the  third  term  of  the  court  there,  the  chief -justice  shall  sit. 
If  the  judgment  below  be  rendered  in  the  court  in  Sussex  County  at 
(he  first  term  of  said  court  there,  the  associate  judge  for  New  Castle 
County  shall  sit;  if  at  the  second  term  of  said  court  there,  the  chief- 
justice  shall  sit,  and  if  at  the  third  t(irm  of  said  court  there,  the 
associate  judge  for  Kent  County  shall  sit;  and  so  from  term  to  toriti, 
in  every  succeeding  rotation,  the  judges  beginning  and  following  each 
other  in  the  same  order.  But  if  in  am^  case,  in  the  court  of  errors 
and  appeals,  the  judge  who  sat  in  the  cause  below,  and  ought  accord- 
ing to  this  provision  to  sit  in  the  court  of  errors  and  appeals,  be 
absent,  unable,  or  disqualified,  then  either  of  the  other  judges  who 
sat  in  the  cause  below  may  sit ;  and  the  court  shall  have  power  to  pre- 
vent any  inconvenience  or  delay  from  observing  the  rotation  above 
described,  by  making  an  order  or  regulation  for  either  of  the  judges 
who  sat  in  the  cause  below  to  sit  in  such  cause  in  the  court  of  errors 
and  appeals.  If  a  judge  did  not  sit  in  the  cause  below,  he  shall  sit 
in  the  said  cause  in  the  court  of  errors  and  appeals,  unless  there  be  a 
legal  exception  to  him ;  but  the  court,  if  there  be  three  judges  present, 
may  proceed  in  his  absence. 

Whenever  the  superior  court  consider  that  a  question  of  law  ought 
to  be  decided  before  all  the  judges,  they  shall  have  power,  upon  the 
application  of  either  party,  to  direct  it  to  be  heard  in  the  court  of 
errors  and  appeals;  and  in  that  case  the  chancellor  and  four  judges 
shall  compose  the  court  of  errors  and  appeals,  the  chancellor  pre- 
siding, and  any  four  of  them  being  a  quorum;  and,  in  the  absence 
of  the  chancellor,  the  chief -justice  shall  preside.  The  superior  court 
in  exercising  this  power  may  direct  a  cause  to  be  proceeded  in  to 
verdict  and  judgment  in  that  court,  or  to  be  otherwise  proceeded  in, 
as  shall  be  best  for  expediting  justice. 

Upon  appeal  from  the  court  of  chancery,  the  court  of  errors  and 
appeals  shall  consist  of  the  chief -justice  and  three  associate  judges; 
any  three  of  them  shall  be  a  quorum. 

Sec.  8.  In  matters  of  chancery  jurisdiction  in  which  the  chancellor 
is  interested,  the  chief-justice  sitting  in  the  superior  court  without 
the  associate  judges,  shall  have  jurisdiction,  with  an  appeal  to  the 
court  of  errors  and  appeals,  which  shall  consist  in  this  case  of  the 
three  associate  judges,  the  senior  associate  judge  presiding. 

Sec.  9.  The  governor  shall  have  power  to  commission  a  judge  ad 
litem,  to  decide  any  cause  in  which  there  is  a  legal  exception  to  the 
chancellor,  or  any  judge,  so  that  such  appointment  is  necessary  to 
constitute  a  quorum  in  either  court.  The  commission  in  such  case 
shall  confine  the  office  to  the  cause,  and  it  shall  expire  on  the  deter- 


592  Delaware— 1831 

iiiination  of  the  cause.  The  judge  so  appointed  shall  receive  a 
reasonable  compensation,  to  be  fixed  bv  the  general  assembly.  A 
memlxT  of  Congress,  or  any  j^erson  holding  or  exercising  an  office 
under  the  United  States,  shall  not  be  disqualified  from  being 
appointed  a  judge  ad  litem. 

8ec.  10.  The  orphans'  court  in  each  county  shall  ho  held  by  the 
chancellor  and  the  associate  judge  residing  in  the  county,  the  chan- 
cellor being  president.  Either  of  them,  in  the  absence  of  the  other, 
may  hold  the  court.  When  they  concur  in  opinion,  there  shall  be 
no  appeal  from  their  decision  except  in  matter  of  real  estate.  When 
their  opinions  are  opposed,  or  when  a  decision  is  made  by  one  of 
them,  and  in  all  nuitters  involving  a  right  to  real  estate,  or  the 
appraised  value  or  other  value  thereof,  there  shall  1m»  an  appeal  to 
the  superior  court  for  the  county,  which  shall  have  final  jurisdiction 
in  every  such  case.  This  court  shall  have  all  the  jurisdiction  and 
powers  vested  by  the  laws  of  this  State  in  the  orphans'  court. 

Sec.  11.  The  jurisdiction  of  each  of  the  aforesaid  courts  shall  be 
co-extensive  with  the  State.  Process  may  be  issued  out  of  each  court, 
in  either  county,  into  every  county. 

Sec.  12.  The  general  assembly,  notwithstanding  anything  con- 
tained in  this  article,  shall  have  power  to  repeal  or  alter  any  act  of 
the  general  assembly,  giving  jurisdiction  to  the  courts  of  oyer  and 
terminer  and  general  gaol-delivery,  or  to  the  supreme  court,  or  the 
court  of  common  pleas,  or  the  court  of  general  quarter  sessions  of  the 
peace  and  general  gaol-delivery,  or  the  orphans'  court,  or  to  the  court 
of  chancery,  in  any  matter,  or  giving  any  power  to  either  of  said 
courts.  Until  the  general  assembly  shall  otherwise  direct,  there  shall 
l)e  an  appeal  to  the  court  of  errors  and  apjieals  in  all  cases  in  which 
there  is  an  appeal,  according  to  any  act  of  the  general  assembly,  to 
the  high  court  of  errors  and  appeals. 

Sec.  13.  Until  the  general  assembly  shall  otherwise  provide,  the 
chancellor  shall  exercise  all  the  powers  which  any  law  of  the  State 
vests  in  the  chancellor  besides  the  general  powers  of  the  court  of 
chancery;  and  the  chief-justice  and  associate  judges  shall  each  singly 
exercise  all  the  powers  which  any  law  of  this  State  vests  in  the 
judges  singly  of  the  supreme  court  or  court  of  common  pleas. 

Sec.  14.  The  chancellor  and  judges  shall  respectiveh'  hold  their 
offices  during  good  l)ehavior,  and  receiA'e  for  their  services  a  compen- 
sation which  shall  be  fixed  by  law  and  paid  quarterly,  and  shall  not 
be  less  than  the  following  sums,  that  is  to  say:  the  annual  salary  of 
the  chief-justice  shall  not  be  less  than  the  sum  of  one  thousand  two 
hundred  dollars;  and  the  annual  salary  of  the  chancellor  shall  not 
be  less  than  the  sum  of  one  thousand  one  hundred  dollars;  and  the 
annual  salaries  of  the  associate  judges,  respectively,  shall  not  be  less 
than  the  sum  of  one  thousand  dollars  each.  They  shall  hold  no  other 
office  of  profit,  nor  receive  any  fees  or  jjerquisites  in  addition  to  their 
salaries  for  business  done  by  them.  The  governor  may.  for  any 
reasonable  cause,  in  his  discretion,  remove  any  of  them  on  the  address 
of  two-thirds  of  all  the  members  of  each  branch  of  the  general 
assemblv.  In  all  cases  Avhere  the  legislature  shall  so  address  the  gov- 
ernor, the  cause  of  removal  shall  be  entered  on  the  journals  of  each 
house.  The  judge  against  whom  the  legislature  may  \yo  about  to 
proceed  shall  receive  notice  thereof,  accompanied  with  the  causes 


Delaware— 1831  593 

alleged  for  his  removal,  at  least  five  days  before  the  day  on  Avhich 
either  house  of  the  general  assembly  shall  act  thereupon. 

Sec.  15.  The  general  assembly  may  by  law  give  to  any  inferior 
courts  by  them  to  be  established,  or  to  one  or  more  justices  of  the 
peace,  jurisdiction  of  the  criminal  matters  following,  that  is  to  say, 
assaults  and  batteries,  keeping  without  license  a  public  house  of 
entertainment,  tavern,  inn,  ale-house,  ordinary,  or  victualling  house, 
retailing  or  selling  without  license  wine,  rum,  brandy,  gin,  whiskey, 
or  spirituous  or  mixed  liquors  contrary  to  law.  disturbing  camp- 
meetings  held  for  the  purpose  of  religious  worship,  disturbing  other 
meetings  for  the  purpose  of  religious  w^orship,  nuisances^  horse- 
racing,  cock-fighting,  and  shooting-matches,  larcenies  committed  by 
negroes  or  mulattoes,  and  the  offence  of  knowingly  buying,  receiving 
or  concealing,  by  negroes  or  mulattoes,  of  stolen  goods  and  things  the 
subject  of  larceny,  and  of  any  negro  or  mulatto  being  accessary  to 
any  larceny.  The  general  assembly  may  by  law  regulate  this  juris- 
diction, and  provide  that  the  proceedings  shall  be  with  or  without 
indictment  by  grand  jury,  or  trial  by  petit  jury,  and  may  grant  or 
deny  the  privilege  of  appeal  to  the  court  of  general  sessions  of  the 
peace.  The  matters  within  this  section  shall  be,  and  the  same  hereby 
are,  excepted  and  excluded  from  the  provision  of  the  constitution 
that  "  Xo  person  shall  for  an  indictable  offence  be  proceeded  against 
criminally  by  information,"  and  also  from  the  provision  of  the  con- 
stitutiou  concerning  trial  by  jury. 

Sec.  16.  In  civil  causes,  when  pending,  the  superior  court  shall 
have  the  power,  before  judgment,  of  directing,  upon  such  terms  as 
they  shall  deem  reasonable,  amendments  in  j)leadings  and  legal  pro- 
ceedings, so  that  by  error  in  any  of  them  the  determination  of  causes, 
according  to  their  real  merits,  shall  not  be  hindered;  and  also  of 
directing  the  examination  of  witnesses  that  are  aged,  very  infirm,  or 
going  out  of  the  State,  upon  interrogatories  de  bene  esse,  to  be  read 
in  evidence,  in  case  of  the  death  or  departure  of  the  witnesses  before 
the  trial,  or  inability  by  reason  of  age,  sickness,  bodily  infirmity,  or 
imprisonment,  then  to  attend;  and  also  the  power  of  obtaining  evi- 
dence from  places  not  within  this  State. 

Sec.  17.  At  any  time  pending  an  action  for  debt  or  damages,  the 
defendant  may  bring  into  court  a  sum  of  money  for  discharging  the 
same,  and  the  cost  then  accrued,  and  the  plaintiff  not  accepting 
thereof,  it  shall  be  delivered  for  his  use  to  the  clerk  or  prothonotary 
of  the  court ;  and  if,  upon  the  final  decision  of  the  cause,  the  plaintiff 
shall  not  recover  a  greater  sum  than  that  so  paid  into  court  for  him, 
he  shall  not  recover  any  costs  accruing  after  such  payment,  except 
where  the  plaintiff  is  an  executor  or  administrator. 

Sec.  18.  By  the  death  of  any  party,  no  suit  in  chancery  or  at  law, 
where  the  cause  of  action  survives,  shall  abate,  but,  until  the  legis- 
lature shall  otherwise  provide,  suggestion  of  such  death  being  entered 
of  record,  the  executor  or  administrator  of  a  deceased  petitioner  or 
plaintiff  may  prosecute  the  said  suit ;  and  if  a  respondent  or  defend- 
ant dies,  the  executor  or  administrator  being  duly  served  with  a  scire 
facias,  thirty  days  before  the  term  thereof,  shall  be  considered  as  a 
party  to  the  suit,  in  the  same  manner  as  if  he  had  voluntarily  made 
himself  a  party;  and  in  any  of  those  cases,  the  court  shall  pass  a 
decree,  or  render  judgment  for  or  against  the  executors  or  adminis- 


594  Delaware— 1831 

trators,  as  to  right  api^rtains.  But  where  an  executor  or  adminis- 
trator of  a  deceased  resj^ondent  or  defendant  Ix'coines  a  party,  the 
court,  upon  motion,  shall  jrrant  such  a  continuance  of  the  cause  as  to 
the  judges  shall  appear  proper. 

Sec.  19.  AMienever  a  person,  not  being  an  executor  or  administra- 
tor, appeals  from  a  decree  of  the  chancellor,  or  applies  for  a  writ  of 
error,  such  appeal  or  writ  shall  be  no  stay  of  proceeding  in  the 
chancery,  or  the  court  to  which  the  writ  issues,  unless  the  appellant 
or  plaintiff  in  error  shall  give  sufficient  security,  to  be  approved 
respectively  by  the  chancellor,  or  by  a  judge  of  the  court  from  which 
the  writ  issues,  that  the  appellant  or  plaintiff  in  error  shall  prosecute 
respectively  his  appeal  or  writ  to  effect,  and  pay  the  condemnation- 
money  and  all  costs,  or  otherwise  abide  the  decree  in  apj^eal,  or  the 
judgment  in  error,  if  he  fail  to  make  his  plea  good. 

Sec.  20.  No  writ  of  error  shall  be  brought  upon  any  judgment  here- 
tofore confessed,  entered,  or  rendered,  but  within  five  years  from  this 
time;  nor  upon  any  judgment  hereafter  to  be  confessed,  entered,  or 
rendered,  but  within  five  years  after  the  confessing,  entering,  or  ren- 
dering thereof;  unless  the  person  entitled  to  such  writ  be  an  infant, 
feme-corert^  non  compos  meiitiM^  or  a  prisoner,  and  then  with  five 
years  exclusive  of  the  time  of  such  disability. 

Sec.  21.  An  executor,  administrator,  or  guardian  shall  file  every 
account  with  the  register  for  the  county,  who  shall,  as  soon  as  con- 
veniently may  be,  carefully  examine  the  particulars  with  the  proofs 
thereof,  in  the  presence  of  such  executor,  administrator,  or  guardian, 
and  shall  adjust  and  settle  the  same  according  to  the  very  right  of 
the  matter  and  the  law  of  the  land;  which  account  so  settled  shall 
remain  in  his  office  for  inspection ;  and  the  executor,  administrator,  or 
guardian  shall,  within  three  months  after  such  settlement,  give  due 
notice  in  writing  to  all  persons  entitled  to  shares  of  the  estate,  or  to 
their  guardians  respectively,  if  residing  within  the  State,  that  the 
account  is  lodged  in  the  said  office  for  mspection.  Excei)tions  may 
be  made  by  persons  concerned,  to  both  sides  of  every  such  account, 
either  denying  the  justice  of  the  allowances  made  to  the  accountant, 
or  alleging  further  charges  against  him;  and  the  exceptions  shall  be 
heard  in  the  orphans'  court  for  the  county ;  and  thereupon  the  account 
shall  be  adjusted  and  settled  according  to  the  right  of  the  matter  and 
the  law  of  the  land. 

Sec.  22.  The  registers  of  the  several  counties  shall  respectively  hold 
the  register's  court  in  each  county.  Upon  the  litigation  of  a  cause 
the  depositions  of  the  witnesses  examined  shall  be  taken  at  large  in 
writing,  and  make  part  of  the  proceedings  in  the  cause.  This  court 
may  issue  process  throughout  the  State  to  compel  the  attendance  of 
witnesses.  Appeals  may  be  made  from  the  register's  court  to  the 
superior  court,  whose  decision  shall  he  final.  In  cases  where  a  regis- 
ter is  interested  in  questions  concerning  the  probate  of  wills,  the 
granting  letters  of  administration,  or  executors,  administrators,  or 
guardians'  accounts,  the  cognizance  thereof  shall  belong  to  the 
orphans'  court,  with  an  appeal  to  the  superior  court,  whose  decisions 
shall  be  final. 

Sec.  23.  The  prothonotary  of  the  superior  court  may  issue  process, 
take  recognizances  of  bail,  and  enter  judgments  according  to  law  and 
the  practice  of  the  court.     No  judgment  in  one  county  shall  bind 


Delaware— 1831  595 

lands  or  tenements  in  another,  until  a  testatum  fieri  facias  being 
issued,  shall  be  entered  of  record  in  the  office  of  the  prothonotary  of 
the  county  wherein  the  lands  or  tenements  are  situated. 

Sec.  24.  The  governor  shall  appoint  a  competent  number  of  per- 
sons to  the  office  of  Justice  of  the  peace,  not  exceeding  twelve  in  each 
county,  until  two-thirds  of  both  houses  of  the  legislature  shall  by  law 
direct  an  addition  to  the  number,  who  shall  be  commissioned  for 
seven  years,  if  so  long  they  shall  behave  themselves  well,  but  may  be 
removed  by  the  governor  within  that  time  on  conviction  of  misbe- 
havior in  office,  or  on  the  address  of  both  houses  of  the  legislature. 

Sec.  25.  The  style  in  all  process  and  public  acts  shall  be,  "  The 
State  of  Delaware. ^^  Prosecutions  shall  bo  carried  on  in  the  name 
of  the  State. 

Article  VII 

Section  1.  The  members  of  the  senate  and  house  of  representatives, 
the  chancellor,  the  judges,  and  the  attorney-general  shall,  by  virtue 
of  their  offices,  be  conservators  of  the  peace  throughout  the  State; 
and  the  treasurer,  secretary,  prothonotaries,  registers,  recorders, 
sheriffs,  and  coroners  shall,  by  virtue  of  their  offices,  be  conservators 
thereof  within  the  counties  respectively  in  which  they  reside. 

Sec.  2.  The  Representative,  and,  when  there  shall  be  more  than  one, 
the  Representatives  of  the  people  of  this  State  in  Congress,  shall  be 
voted  for  at  the  same  places  where  representatives  in  the  State  legis- 
lature are  voted  for,  and  in  the  same  manner. 

Sec.  3.  The  sheriff  and  coroner  of  each  county  shall  be  chosen  by 
the  citizens  residing  in  such  county.  They  shall  hold  their  respective 
offices  for  two  years,  if  so  long  they  behave  themselves  well,  and  until 
successors  be  duly  qualified;  but  no  person  shall  be  twice  chosen 
sheriff  upon  election  by  the  citizens  in  any  term  of  four  years.  They 
shall  be  commissioned  by  the  governor.  The  governor  shall  fill 
vacancies  in  these  offices  by  appointments  to  continue  until  the  next 
election,  and  until  successors  shall  be  duly  qualified.  The  legislature, 
two-thirds  of  each  branch  concurring,  may  vest  the  appointment  of 
sheriffs  and  coroners  in  the  governor;  but  no  person  shall  be  twice 
appointed  sheriff  in  any  term  of  six  years. 

Sec.  4.  The  attorney-general,  registers  in  chancery,  prothonotaries, 
registers,  clerks  of  the  orphans'  court  and  of  the  peace,  shall  respec- 
tively be  commissioned  for  five  years,  if  so  long  they  shall  behave 
themselves  well,  but  may  be  removed  by  the  governor  within  that  time 
on  conviction  of  misbehavior  in  office,  or  on  the  address  of  both  houses 
of  the  legislature.  Prothonotaries,  registers  in  chancery,  clerks  of  the 
orphans'  court,  registers,  recorders,  and  sheriffs^  shall  keep  their 
offices  in  the  town  or  place  in  each  county  in  which  the  superior  court 
is  usually  held. 

Sec.  5.  Attorneys  at  law,  all  inferior  officers  in  the  treasury  depart- 
ment, election  officers,  officers  relating  to  taxes,  to  the  poor,  and  to 
highways,  constables  and  hundred  officers,  shall  be  appointed  in  such 
manner  as  is  or  may  be  directed  by  law. 

Sec.  6.  All  salaries  and  fees  annexed  to  officers  shall  be  moderate; 
and  no  officer  shall  receive  any  fees  whatever  without  giving  to  the 
person  who  pays  a  recei])t  for  them,  if  required,  therein  specifying 
every  particular,  and  the  charge  for  it. 


596  Delaware— 1831 

Sec.  7.  No  costs  sliall  l)o  paid  by  a  person  accused  on  a  bill  being 
returned  ignoranuis,  nor  on  acquittal  by  a  jury. 

Sec.  8.  The  rights,  privileges,  immunities,  and  estates  of  religious 
societies  and  corporate  bodies  shall  remain  as  if  the  constitution  of 
this  State  had  not  been  altered.  Xo  ordained  clergyman  or  ordained 
preacher  of  the  gospel  of  any  denomination  shall  l>e  capable  of  hold- 
ing any  civil  office  in  the  State,  or  of  being  a  niemlxM"  of  either  branch 
of  the  legislature  while  he  continues  in  the  exercise  of  the  pastoral  or 
clerical  lunctions. 

Sec.  0.  All  the  laws  of  this  State  existing  at  the  time  of  making 
this  constitution,  and  not  inconsistent  with  it,  shall  remain  in  force, 
unless  they  shall  be  altered  by  future  laws;  and  all  actions  and  prose- 
cutions now  pending  shall  proceed  as  if  this  constitution  had  not  been 
made. 

Sec.  10.  This  constitution  shall  be  prefixed  to  every  edition  of  the 
laws  made  by  direction  of  the  legislature. 

Sec.  11.  The  legislature  shall,  as  soon  as  conveniently  may  be,  pro- 
vide by  law  for  ascertaining  what  statutes  and  parts  of  statutes  sh:ill 
continue  to  be  in  force  within  this  State;  for  reducing  them  and  all 
acts  of  the  general  assembly  into  such  order,  and  publishing  them  in 
such  manner  that  thereby  the  knowledge  of  them  may  be  generally 
difl'used;  for  choosing  inspectors  and  judges  of  elections,  and  regu- 
lating the  same  in  such  manner  as  shall  most  effectually  guard  the 
rights  of  the  citizens  entitled  to  vote;  for  better  securing  personal 
liberty,  and  easily  and  speedily  redressing  all  wrongful  restraints 
thereof;  for  more  certainly  obtaining  returns  of  impartial  juries; 
for  dividing  lands  and  tenements  in  sales  by  sheriffs,  where  they  will 
bear  a  division,  into  as  many  parcels  as  may  be  without  spoiling  the 
whole,  and  for  advertising  and  making  the  sales  in  such  manner  and 
at  such  times  and  i)laces  as  may  render  them  most  beneficial  to  all 
persons  concerned;  and  for  establishing  schools  and  promoting  arts 
and  sciences. 

Sec.  12.  No  property  qualification  shall  be  necessary  to  the  holding 
of  any  office  in  this  State,  except  the  office  of  senator  in  the  general 
assembly,  and  the  office  of  assessor,  inquisitor  on  lands,  and  levy- 
court  commissioner,  and  except  such  offices  as  the  general  assembly 
shall  by  law  designate. 

Article  VIII 

^lemlx^rs  of  the  general  assembly  and  all  officers,  executive  and 
judicial,  shall  l>e  bound  by  oath  or  affirmation  to  support  the  consti- 
tution of  this  State,  and  to  perform  the  duties  of  their  respective 
offices  with  fidelity. 

Article  IX 

The  general  assembly,  whenever  two-thirds  of  each  house  shall 
deem  it  necessary,  may,  with  the  apj)robation  of  the  governor,  pro- 
pose amendments  to  this  constitution,  and  at  least  three,  and  not  more 
than  six  months  before  the  next  general  election  of  representatives, 
duly  publish  them  in  print  for  the  consideration  of  the  people;  and 
if  three-fourths  of  each  branch  of  the  legislature  shall,  after  such  an 
election  and  before  another,  ratify  the  said  amendments,  they  shall 
be  valid  to  all  intents  and  purposes  as  parts  of  this  constitution. 


Delaware— 1831  597 

No  convention  shall  be  called  but  by  the  authority  of  the  people;  and 
an  unexceptionable  mode  of  makin|i^  their  sense  known  will  be  for 
them  at  a  special  election  on  the  third  Tuesday  of  May  in  any  year 
to  vote  by  ballot  for  or  against  a  convention,  as  they  shall  severally 
choose  to  do;  and  if  thereupon  it  shall  appear  that  a  majority  of  all 
the  citizens  in  the  State,  having  right  to  vote  for  representatives, 
have  voted  for  a  convention,  the  general  assembly  shall  accordingly 
at  their  next  session  call  a  convention,  to  consist  of  at  least  as  many 
members  as  there  are  in  both  houses  of  the  legislature,  to  be  chosen 
in  the  same  manner,  at  the  same  places,  and  at  the  same  time  that  rep- 
resentatives are  by  the  citizens  entitled  to  vote  for  representatives, 
on  due  notice  given  for  one  month,  and  to  meet  within  three  months 
after  they  shall  be  elected.  The  majority  of  all  the  citizens  in  the 
State  having  right  to  vote  for  representatives  shall  be  ascertained  by 
reference  to  the  highest  number  of  votes  cast  in  the  State  at  any  one 
of  the  three  general  elections  next  preceding  the  day  of  voting  for  a 
convention,  except  when  they  may  be  less  than  the  whole  number  of 
votes  voted  both  for  and  against  a  convention,  in  w^hich  case  the  said 
majority  shall  be  ascertained  by  reference  to  the  number  of  votes 
given  on  the  day  of  voting  for  or  against  a  convention ;  and  whenever 
the  general  assembly  shall  deem  a  convention  necessary,  they  shall 
provide  by  law^  for  the  holding  of  a  special  election  for  the  purpose 
of  ascertaining  the  sense  of  the  majority  of  the  citizens  of  the  State 
entitled  to  vote  for  representatives. 

Schedule 

That  no  inconveniences  may  arise  from  the  amendments  of  the  con- 
stitution of  this  State,  and  in  order  to  carry  the  same  into  complete 
operation,  it  is  hereby  declared  and  ordained  as  follows: 

Section  1.  The  offices  of  the  present  senate  and  representatives 
shall  not  be  vacated  by  any  amendment  of  the  constitution  made  in 
this  convention,  nor  otherwise  affected,  except  that  the  terms  of  the 
representatives  and  the  terms  of  the  senators  which  w^ll  expire  on 
the  first  Tuesday  of  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-two,  are  hereby  extended  to  the  second 
Tuesday  of  November  in  that  year;  and  the  terms  of  the  senators 
which  will  expire  on  the  first  Tuesday  of  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-three,  are  hereby  ex- 
tended to  the  second  Tuesday  of  November  in  that  year.  And  the 
terms  of  the  senators  which  will  expire  on  the  first  Tuesday  of  Octo- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
four,  are  hereby  extended  to  the  second  Tuesday  of  November  in  that 
year. 

The  general  assembly  shall  meet  on  the  first  Tuesday  of  January 
next,  and  shall  not  be  within  the  amended  provision  respecting  bien- 
nial sessions,  which  biennial  sessions  shall  commence  with  the  session 
of  the  general  assembly  on  the  first  Tuesday  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-three. 

Sec.  2.  The  offices  of  the  present  sheriffs  and  coroners  shall  not  be 
vacated  by  any  amendment  to  the  constitution  made  in  this  conven- 
tion, nor  otherwise  affected,  except  that  the  term  of  office  of  the  sheriff 
of  Sussex  County  is  hereby  extended  to  the  second  Tuesday  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 


598  Delaware— 1831 

two,  and  until  a  successor  be  duly  qualified;  and  on  the  second 
Tuesday  of  November,  in  the  year  of  our  Ix)rd  one  thousand  eij^ht 
hundred  and  thirty-two,  shall  1"k^  the  first  election  for  sheritl*  ni  Sus- 
sex County,  under  this  amended  constitution.  And  the  term  of  the 
present  coroner  for  Sussex  County  is  hereby  extended  to  the  second 
Tuesday  of  Xoyemln'r,  in  the  year  of  our  i^)rd  one  thousand  ci«i:ht 
hundred  and  thirtv-fonr,  and  until  a  successor  shall  l)e  duly  (jualified; 
and  on  the  said  last-mentioned  day  shall  be  the  first  election  for 
coroner  in  Sussex  County  under  this  amended  constitution. 

The  terms  of  the  present  sheriffs  and  coroners  for  Kent  County  and 
New  Castle  County  are  hereby  extended  to  the  second  Tuesday  of 
Novemljer,  in  the  year  of  our  ix)rd  one  thousand  eifrht  hundred  and 
thirty-three,  and  until  successors  to  them  rcsi^ectively  l)e  duly  qiuili- 
fied;  and  on  or  after  the  first  Tuesday  of  November,  in  the  year  of 
our  Lord  one  thousand  ei^ht  hundred  and  thirty-three,  the  governor 
shall  have  i)ower  to  appoint  a  sheriff  and  a  coroner  for  New  Castle 
County,  and  a  sheriff  and  coroner  for  Kent  County,  to  continue  in 
office  until  the  second  Tuesday  of  November,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-four,  and  until  successors  to 
them  respectively  be  duly  qualified.  And  on  the  said  last-mentioned 
day  shall  be  the  first  election  for  sheriff  and  for  coroner  in  New 
Castle  County  and  in  Kent  County  under  this  amended  constitu- 
tion, indess  a  vacancy  happen  in  the  office  of  sheriff  or  coroner  of 
New  Castle  or  Kent  County,  or  of  coroner  for  Sussex  County,  l>efore 
the  second  Tuesday  of  NoA'eml>er,  in  the  year  of  our  Lord  one  tliou- 
sand  eight  hundred  and  thirty-two;  in  which  case  an  election  shall 
be  held  on  that  day  for  a  sheriff'  or  a  coroner  under  this  amended 
constitution,  in  place  of  the  sheriff  or  coroner  whose  office  had  become 
vacant. 

Sec.  3.  The  first  election  for  representatives  under  this  amended 
constitution  shall  be  held  on  the  second  Tuesday  of  November,  in 
the  year  of  our  Lord  one  thousand  eijjht  hundred  and  thirty-two, 
which  shall  be  the  commencement  of  biennial  elections.  At  this 
election  one  senator  shall  be  chosen  in  each  county  for  four  years. 
Also,  at  the  biennial  election  to  l^e  held  in  the  several  counties  on  the 
second  Tuesday  of  November,  in  the  year  of  our  I^rd  one  thousand 
eight  hundred  and  thirty-four,  two  senators  in  each  county  will 
eight  hundred  and  thirty-four,  two  senators  shall  be  chosen  in  each 
county  for  four  years  each.  But  as  the  term  of  one  senator  in  each 
county  will  expire  on  the  second  Tuesday  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-three,  when  no  elec- 
tion will  be  held  to  provide  for  this  special  case,  a  senator  shall  be 
chosen  in  each  county,  at  the  election  held  on  the  second  Tuesday  of 
November,  in  the  year  of  our  I^rd  one  thousand  eight  hundred  and 
thirty-two,  for  one  year,  to  succeed  the  senator  for  such  county  whose 
term  shall  expire  on  the  second  Tuesday  of  Novemlx^r,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-three,  and  to  con- 
tinue in  office  until  the  second  Tuesday  in  Noveml)er,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-four,  when  two  sen- 
ators shall  be  chosen  in  each  county  as  afore  provided. 

Sec.  4.  The  term  of  office  of  the  present  governor  shall  not  l)e 
vacated  nor  extended  by  amendment  made  to  the  constitution  in  this 
convention :  but  the  said  office  shall  continue  during  the  original  term 
thereof;   but  the  ninth  and  fourteejith  sections  of  the  third  article  of 


Delaware— 1831  599 

this  constitution  shall  be  immediately  in  force  as  amended.  An  elec- 
tion for  governor  shall  be  held  on  the  second  Tuesday  of  November, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two. 

Sec.  5.  This  constitution  as  amended,  so  far  as  shall  concern  the 
judicial  department,  shall  commence  and  be  in  operation  from  and 
after  the  third  Tuesday  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-two.  All  the  courts  of  justice 
now  existing  shall  continue  with  their  present  jurisdiction,  and  the 
chancellor  and  judges  and  the  clerks  of  the  said  courts  shall  continue 
in  office  until  the  said  third  Tuesday  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-two;  upon  which  day 
the  said  courts  shall  be  abolished,  and  the  offices  of  the  said  chan- 
cellor, judges,  and  clerks  shall  expire.  All  writs  of  error  and  appeals 
and  proceedings  w^hich,  on  the  third  Tuesday  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two,  shall  be 
depending  in  the  high  court  of  errors  and  appeals,  and  all  the  books, 
records,  and  papers  of  said  court,  shall  be  transferred  to  the  court 
of  errors  and  appeals  established  by  this  amended  constitution;  and 
the  said  Avrits  of  errors,  appeals,  and  proceedings  shall  be  proceeded 
in,  in  the  said  court  of  errors  and  appeals,  to  final  judgment,  decree, 
or  other  determination. 

All  suits,  proceedings,  and  matters  which,  on  the  third  Tuesday  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-two,  shall  be  depending  in  the  supreme  court,  or  court  of  com- 
mon pleas,  and  all  books,  records,  and  papers  of  the  said  courts,  shall 
be  transferred  to  the  superior  court  established  by  this  amended  con- 
stitution, and  the  said  suits,  proceedings,  and  matters  shall  be  pro- 
ceeded in  to  final  judgment  or  determination  in  the  said  superior 
court.  All  indictments,  proceedings,  and  matters  which,  on  the  third 
Tuesday  of  Jvinuary,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two,  shall  be  depending  in  the  court  of  general 
quarter  sessions  of  the  peace  and  jail-delivery,  shall  be  transferred  to 
and  proceeded  in  to  final  judgment  and  determination  in  the  court  of 
general  sessions  of  the  peace  and  jail-delivery  established  by  this 
amended  constitution,  and  all  books,  records,  and  papers  of  said  court 
of  general  quarter  sessions  of  the  peace  and  jail-delivery  shall  be 
transferred  to  the  said  court  of  general  sessions  of  the  peace  and  jail- 
delivery.  All  suits,  proceedings,  and  matters  which,  on  the  third 
Tuesday  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-tw^o,  shall  be  depending  in  the  court  of  chancery 
or  in  the  orphans'  court,  and  all  records,  books,  and  papers  of  said 
courts,  respectively,  shall  be  transferred  to  the  court  of  chancery  or 
orphans'  court,  respectively,  established  by  this  amended  constitu- 
tion, and  the  said  suits,  proceedings,  and  matters  shall  proceed  in  to 
final  decree,  order,  or  other  determination. 

Sec.  6.  The  registers'  courts  and  justices  of  the  peace  shall  not  be 
affected  by  any  amendments  of  the  constitution  made  in  this  conven- 
tion; but  the  said  courts  and  the  terms  of  office  of  registers  and  jus- 
tices of  the  peace  shall  remain  the  same  as  if  said  amendments  had 
not  been  made. 

Sec.  7.  The  general  assembly  shall  have  power  to  make  any  law 
necessary  to  carry  into  effect  this  amended  constitution. 

Sec.  8.  The  provision  in  the  twentieth  section  of  the  sixth  article 
of  this  amended  constitution  (being  the  thirtieth  section  of  the  sixth 


600  Delaware— 1897 

article  of  the  original  constitution)  of  limitation  of  writs  of  error, 
shall  have  relation  to,  and  take  date  from,  the  twelfth  day  of  .June,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and  ninety-two,  the 
date  of  said  original  constitution. 

Sec.  J).  The  governor  shall  have  power  to  issue  writs  of  election  to 
supply  vacancies  in  either  house  of  the  general  assembly  that  have 
happened  or  may  happen. 

Sec.  10.  It  is  declared  that  nothing  in  this  amended  constitution 
gives  a  writ  of  error  from  the  court  of  errors  and  apfx-'als  to  the  court 
of  oyer  and  terminer,  or  court  of  general  sessions  of  the  peace  and 
jail-delivery,  nor  an  appeal  from  the  court  of  general  sessions  of  the 
peace  and  jail-delivery. 

The  acts  of  the  general  assembly,  increasing  the  numl)er  of  justices 
of  the  peace,  shall  remain  in  force  until  rejKialed  by  the  general 
a&sembly;  and  no  office  shall  l)e  vacated  by  the  amendment  to  this 
constitution,  unless  the  same  be  expressly  vacated  thereby,  or  the 
vacating  the  same  is  necessary  to  give  effect  to  the  amendments. 

AMENDMENTS  TO   THE   CONSTITUTION   OF    1831 
(Ratified  .January  .30.  1855) 

Art.  IV.  Section  1.  Strike  out  the  date,  and  insert  "  on  the  Tues- 
day next  after  the  first  Monday  in  the  month  of  November  of  the 
year ;  "  so  that  it  will  read : 

"All  elections  for  governor,  senators,  representatives,  sheriffs,  and 
coroners  shall  he  held  on  the  Tuesday  next  after  the  first  Monday  in 
the  month  of  November  of  the  vear  in  which  they  are  to  be  held,  and 
be  by  ballot." 

(Ratified  January  28,  1875) 

Article  1.  Add  Sec.  17.  The  legislature  shall  have  power  to  enact 
a  general  incorporation  act  to  provide  incorporation  for  religious, 
charitable,  literary,  and  manufacturing  purposes,  for  the  preservation 
of  animal  and  vegetable  food,  building  and  loan  associations,  and  for 
draining  low  lands;  and  no  attempt  shall  be  made,  in  such  act  or 
otherwise,  to  limit  or  qualify  the  power  of  revocation  reserved  to  the 
legislature  in  this  section. 

CONSTITUTION  OF  DELAWARE— 1897  * 

We  the  people,  hereby  ordain  and  establish  this  constitution  of 
government  for  the  State  of  Delaware. 

preamble 

Through  Divine  goodness,  all  men  have  by  nature  the  rights  of 
worshiping  and  serving  their  Creator  according  to  the  dictates  of 
their  consciences,  of  enjoying  and  defending  life  and  liberty,  of 
acquiring  and  protecting  reputation  and  property,  and  in  general  of 
attaining  objects  suitable  to  their  condition,  without  injury  by  one  to 

*  Constitution  of  the  State  of  Delaware.  Adopted  in  Convention  June  4th, 
A.  D.  1897.  Publislietl  liy  the  Seoretarj-  of  State*  by  nutliority  of  a  resolution  of 
the  constitutional  convention.  Repul)lislie<l  l)y  Jo.^eph  L.  Cahall,  Secretary  of 
State.    Press  of  the  Delawarean,  Dover.  Delaware,     'ji)  pp. 


Delaware— 1897  601 

another;  and  as  these  rights  are  essential  to  their  welfate,  for  the  due 
exercise  thereof,  jjower  is  inherent  in  them;  and  therefore  all  just 
authority  in  the  institutions  of  political  society  is  derived  from  the 
people,  and  established  with  their  consent,  to  advance  their  happiness; 
and  they  may  for  this  end,  as  circumstances  require,  from  tune  to 
time,  alter  their  Constitution  of  government. 

Article  I 

BILL   OF   RIGHTS 

Section  1.  Although  it  is  the  duty  of  all  men  frequently  to  assem- 
ble together  for  the  public  worship  of  Almighty  Ood ;  and  piety  and 
morality,  on  which  the  prosperity  of  communities  depends,  are 
thereby  promoted ;  yet  no  man  shall  or  ought  to  be  compelled  to 
attend  any  religious  worship,  to  contribute  to  the  erection  or  support 
of  any  place  of  worship,  or  to  the  maintenance  of  any  ministry, 
against  his  own  free  will  and  consent ;  and  no  power  shall  or  ought 
to  be  vested  in  or  assumed  by  any  magistrate  that  shall  in  any  case 
interfere  Avith,  or  in  any  manner  control  the  rights  of  conscience,  in 
the  free  exercise  of  religious  worship,  nor  a  preference  given  by  law 
to  any  religious  societies,  denominations,  or  modes  of  worship. 

Section  2.  No  religious  test  shall  be  required  as  a  qualification  to 
any  office,  or  public  trust,  under  this  State. 

Section  3.  All  elections  shall  be  free  and  equal. 

Section  4.  Trial  by  jury  shall  be  as  heretofore. 

Section  5.  The  press  shall  be  free  to  every  citizen  who  undertakes 
to  examine  the  official  conduct  of  men  acting  in  a  public  capacity; 
and  any  citizen  may  print  on  any  subject,  being  responsible  for  the 
abuse  of  that  liberty.  In  prosecutions  for  publications,  investigat- 
ing the  proceedings  of  officers,  or  where  the  matter  published  is  proper 
for  public  information,  the  truth  thereof  may  be  given  in  evidence; 
and  in  all  indictments  for  libels  the  jury  may  determine  the  facts 
and  the  law,  as  in  other  cases. 

Section  6.  The  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  searches  and  seizures ;  and 
no  warrant  to  search  any  place,  or  to  seize  any  person  or  thing, 
shall  issue  without  describing  them  as  particularly  as  may  be;  nor 
then,  unless  there  be  probable  cause  supported  by  oath  or  affirmation. 

Section  7.  In  all  criminal  prosecutions,  the  accused  hath  a  right 
to  be  heard  by  himself  and  his  counsel,  to  be  plainly  and  fully  in- 
formed of  the  nature  and  cause  of  the  accusation  against  him,  to 
meet  the  witnesses  in  their  examination  face  to  face,  to  have  com- 
pulsory process  in  due  time,  on  application  by  himself,  his  friends 
or  counsel,  for  obtaining  witnesses  in  his  favor,  and  a  speedy  and 
public  trial  by  an  impartial  jury;  he  shall  not  be  compelled  to  give 
evidence  against  himself,  nor  shall  he  be  deprived  of  life,  liberty  or 
property,  unless  by  the  judgment  of  his  peers  or  by  the  law  of  the 
land. 

Section  8.  No  person  shall  for  any  indictable  oflFence  be  proceeded 
Against  criminally  by  information,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia  when  in  actual  service  in  time 
of  war  or  public  danger;  and  no  ]^erson  shall  be  for  the  same  offence 
tw^ice  put  in  jeopardy  of  life  or  limb;   nor  shall  any  man's  property 


602  Delaware— 1897 

Ijc  taken  or  applied  to  public  use  without  the  consent  of  his  repre- 
sentatives, and  without  compensation  bein^  made. 

Section  {).  All  courts  shall  be  ojwn;  and  every  man  for  an  injury 
done  him  in  his  rej^utation,  person,  movable  or  inmiovable  posses- 
sions, shall  have  remedy  by  the  due  course  of  law,  and  justice  ad- 
•  ministered  according  to  the  very  right  of  the  cause  and  the  law  of 
the  land,  without  sale,  denial,  or  unreasonable  delay  or  expense; 
and  every  action  shall  l)e  tried  in  the  county  in  which  it  shall  be  com- 
menced, unless  when  the  judges  of  the  court  in  which  the  cause  is 
to  he  tried  shall  determine  that  an  impartial  trial  thereof  cannot 
be  had  in  that  county.  Suits  may  be  brought  against  the  State,  ac- 
cording to  such  regulations  as  shall  1k'  made  by  law. 

Section  10.  No  power  of  suspending  laws  shall  be  exercised  but  by 
authority  of  the  General  Assembly. 

Section  11.  Excessive  bail  shall  not  be  required,  nor  exce.ssive  fines 
imposed,  nor  cruel  punishments  inflicted ;  and  in  the  construction  of 
jails  a  proper  regard  shall  be  had  to  the  health  of  prisoners. 

Section  12.  All  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences  when  the  proof  is  positive  or  the  presump- 
tion great;  and  when  persons  are  confined  on  accusation  for  such 
offences  their  friends  and  counsel  may  at  proper  seasons  have  access 
to  them. 

Section  13.  The  privilege  of  the  writ  of  halwas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  "may  require  it. 

Section  14.  No  commission  of  oyer  and  terminer,  or  jail  delivery, 
shall  be  issued. 

Section  15.  No  attainder  shall  work  corruption  of  blood,  nor 
except  during  the  life  of  the  offender  forfeiture  of  estate.  The 
estates  of  those  who  destroy  their  own  lives  shall  descend  or  vest  as 
in  case  of  natural  death,  and  if  any  person  be  killed  by  accident  no 
forfeiture  shall  thereby  be  incurred. 

Section  16.  Although  disobedience  to  laws  by  a  part  of  the  people, 
upon  suggestions  of  impolicy  or  injustice  in  them,  tends  by  immediate 
effect  and  the  influence  of  example  not  only  to  endanger  the  public 
welfare  and  safety,  but  also  in  governments  of  a  republican  form 
contravenes  the  social  principles  of  such  governments,  founded  on 
common  consent  for  common  good ;  yet  the  citizens  have  a  right  in 
an  orderly  manner  to  meet  together,  and  to  apply  to  persons  intrusted 
with  the  powers  of  government,  for  redress  of  grievances  or  other 
proper  purposes,  by  petition,  remonstrance  or  address. 

Section  17.  No  standing  army  shall  be  kept  up  without  the  con- 
sent of  the  General  Assembly,  and  the  military  shall  in  all  cases  and 
at  all  times  he  in  strict  subordination  to  the  civil  power. 

Section  18.  No  soldier  shall  in  time  of  peace  be  quartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of  war  but  by  a 
civil  magistrate,  in  manner  to  he  prescribed  by  law. 

Section  10.  No  hereditarv  distinction  shall  l>e  granted,  nor  any 
office  created  or  exercised,  the  appointment  to  which  shall  be  for  a 
longer  term  than  during  good  behaviour;  and  no  person  holding  any 
office  under  this  State  shall  accept  of  any  office  or  title  of  any  kind 
whatever  from  any  king,  prince,  or  foreign  State. 

We  declare  that  every  thing  in  this  ai'tiele  is  reserved  out  of  the 
general  powers  of  government  hereinafter  mentioned. 


Delaware— 1897  603 

Article  II 

LEGISLATURE 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives. 

Section  2.  The  House  of  Representatives  shall  be  composed  of 
thirty-five  members,  w4io  shall  be  chosen  for  two  years.  The  Senate 
shall  be  composed  of  seventeen  members,  who  shall  be  chosen  for  four 
years. 

The  State  is  hereby  divided  into  thirty-five  Representative  Dis- 
tricts, from  each  of  which  shall  be  chosen,  by  the  qualified  electors 
thereof,  one  Representative.  In  New  Castle  County  there  shall  be 
fifteen  Representative  Districts,  numbered  from  one  to  fifteen  in- 
clusive; in  Kent  County,  ten  Representative  Districts,  numbered 
from  one  to  ten  inclusive ;  and  in  Sussex  County,  ten  Representative 
Districts,  numbered  from  one  to  ten  inclusive.  The  State  is  also 
hereby  divided  into  seventeen  Senatorial  Districts,  from  each  of 
which  shall  be  chosen,  by  the  qualified  electors  thereof,  one  Senator. 
In  New  Castle  County  there  shall  be  seven  Senatorial  Districts,  num- 
bered from  one  to  seven  inclusive ;  in  Kent  County,  five  Senatorial 
Districts,  numbered  from  one  to  five  inclusive ;  and  in  Sussex  County, 
five  Senatorial  Districts,  from  one  to  five  inclusive. 

The  Representative  Districts  in  New  Castle  County  are  and  shall 
be  as  follows: 

Number  One.  All  that  portion  of  the  City  of  Wilmington  included 
within  the  Second  and  Fourth  Wards,  and  those  parts  of  the  Sixth 
and  Eighth  Wards,  respectively,  lying  south  of  and  bounded  by  the 
central  line  of  Eighth  street. 

Number  Two.  All  that  portion  of  the  said  city  included  within  the 
Ninth  Ward,  and  those  parts  of  the  Sixth  and  Eighth  Wards,  respec- 
tively, lying  north  of  and  bounded  by  the  central  line  of  Eighth  street. 

Number  Three.  All  that  portion  of  the  said  city  included  wdthin 
the  Seventh  Ward,  and  that  part  of  the  Fifth  Ward  lying  north  of 
and  bounded  by  a  straight  line  including  the  central  Ime  of  Eighth 
street. 

Number  Four.  All  that  portion  of  the  said  city  included  within  the 
First  and  Third  Wards,  and  that  part  of  the  Fifth  Ward  lying 
south  of  and  bounded  by  the  central  line  of  Eighth  street,  east  of  and 
bounded  by  the  central  line  of  Adams  street,  and  west  of  and  bounded 
by  the  central  line  of  Market  street. 

Number  Five.  All  that  portion  of  the  said  city  included  within  the 
Tenth,  Eleventh  and  Twelfth  Wards,  and  that  part  of  the  Fifth 
AVard  Iving  south  of  and  bounded  by  a  straight  line  including  the 
central  line  of  Eighth  street,  west  of  and  bounded  by  the  central  line 
of  Adams  street,  and  bounded  on  the  west  by  the  westerly  boundary 
line  of  the  said  city. 

Number  Six.  Brandywine  Hundred. 

Number  Seven.  Christiana  Hundred. 

Number  Eight.  Mill  Creek  Hundred. 

Number  Nine.  White  Clay  Creek  Hundred. 

Number  Ten.  New  Castle  Hundred. 

^"^umber  Eleven.  Pencader  Hundred. 


604  Delaware— 1897 

Niiml)er  Twelve.  Red  Lion  Hundred. 

Numlx»r  Thirteen.  St.  Georges  Hundred. 

Numlx'r  Fourteen.  Appcxiuininiink  Hundred. 

Number  Fifteen.  Blackbird  Hundred. 

The  Representative  Districts  in  Kent  County  are  and  shall  Ik^  as 
follows : 

Numl)er  One.  Duck  Creek  Hundred. 

Numlier  Two.  Little  Creek  Hujidred  and  the  First  Election  Dis- 
trict of  East  Dover  Hundred. 

Numlx'r  Three.  Kenton  Hundred. 

Number  Four.  West  Dover  Hundred  and  all  that  portion  of  East 
Dover  Hundred  lying  next  to  West  Dover  Hundred  and  separated 
from  the  rest  of  East  Dover  Hundred  by  the  following  boundary 
lines:  beginning  at  the  middle  of  the  public  road  leading  from  the 
Horsehead  road  to  Kenton  at  the  point  of  intersection  of  Kenton 
Hundred  and  East  Dover  Hundred,  thence  running  along  the  middle 
of  the  said  road  to  the  Horsehead  road,  thence  running  in  a  westerly 
direction  along  the  middle  of  the  said  Horsehead  road  a  short  distance 
to  a  short  road  leading  from  the  said  Horsehead  road  to  the  road  from 
Dover  to  Hazlettville,  known  as  the  Hazlettville  road,  thence  running 
along  the  middle  of  the  said  short  road  from  the  Horsehead  road  to 
the  said  Hazlettville  road,  thence  running  in  a  westerly  direction 
along  the  middle  of  the  said  Hazlettville  road  a  short  distance  to  the 
road  leading  therefrom  to  Wyoming,  thence  running  along  the  middle 
of  the  said  road  leading  from  the  said  Hazlettville  road  to  Wyoming 
to  the  point  of  intersection  of  East  Dover  Hundred  and  North 
Murderkill  Hundred. 

Number  Five.  All  that  portion  of  East  Dover  Hundred  not  in- 
cluded in  Districts  numbers  two  and  four. 

Numlx^r  Six.  Parts  of  North  Murderkill,  South  Murderkill  and 
Mispillion  Hundreds  included  within  the  following  boundary  lines: 
l)eginning  at  the  intersection  of  the  southern  line  of  South  Murder- 
kill Hundred  with  the  State  of  Maryland,  thence  running  ajong  the 
division  line  l^etween  Mispillion  Plundred  and  South  Murderkill 
Hundred  to  the  public  road  leading  from  AMiiteleysburg  to  Harring- 
ton, thence  running  in  a  southeasterly  and  easterly  direction  along 
the  middle  of  said  public  road  to  the  public  road  leading  from 
Masten's  Corner  to  Vernon,  at  or  near  ^ATiite's  Church,  thence  run- 
ning in  a  northeasterly  direction  along  the  middle  of  said  public 
road  leading  from  Masten's  Corner  to  Vernon,  a  short  distance  to  the 
public  road  leading  therefrom  to  the  town  of  Harrington,  being  a 
continuation  of  the  road  leading  from  AMiiteleysburg  to  Harrington, 
thence  running  in  a  southeasterly  direction  to  the  intersection  of 
West  street  in  the  town  of  Harrington,  thence  running  in  a  northerly 
direction  along  the  middle  of  said  West  street  to  the  middle  of  Wof- 
cott  street  in  said  town  of  Harrington,  thence  running  in  an  easterly 
direction  along  the  middle  of  said  Wolcott  street  to  the  middle  of 
Dorman  street  in  said  town  of  Harrington,  thence  running  in  a 
northerly  direction  along  the  middle  of  said  Dorman  street  to 
Brown's  Branch,  thence  running  in  an  easterly  direction  with  the 
course  of  said  Branch  to  the  Delaware  Railroad,  thence  running  in  a 
northerly  direction  along  said  Delaware  Railroad  to  Beaver  Dam 
Branch  in  South  Murderkill  Hundred,  thence  following  the  course 
of  said  Beaver  Dam  Branch  in  a  northwesterly  direction  to  the  public 


Delaware— 1897  605 

road  leading  from  Felton  to  Whiteleysburg,  thence  running  in  a 
northeasterly  direction  along  the  middle  of  the  said  public  road  from 
Felton  to  Whiteleysburg  to  the  Owl's  Nest  road,  thence  running  in  a 
northerly  direction  along  the  middle  of  the  said  Owl's  Nest  road  to 
the  intersection  of  the  Cowgill  road  from  Woodside  to  Petersburg, 
thence  running  in  a  northerly  direction  along  the  middle  of  the  said 
Cowgill  road  to  the  Reed  road  running  from  Woodside  to  DuPont's 
school  house,  thence  running  in  a  northwesterly  direction  along  the 
middle  of  the  said  Reed  road  to  DuPont's  school  house,  thence  run- 
ning in  a  northerly  direction  along  the  middle  of  the  public  road 
leading  from  Willow^  Grove  to  Camden,  a  short  distance  to  Stubb's 
Corner,  thence  running  in  a  westerly  and  northwesterly  and  westerly 
direction  along  the  middle  of  the  public  road  leading  from  DuPont's 
school  house  to  the  Almshouse  to  Gray's  Corner,  thence  continuing 
in  a  direct  westerly  line  to  the  southern  boundary  line  of  AVest  Dover 
Hundred,  thence  following  the  southern  boundary  line  of  West  Dover 
Hundred  in  a  westerly  direction  to  the  State  of  Maryland,  thence 
running  in  a  southerly  direction  along  the  eastern  boundary  line  of 
the  State  of  Maryland  to  the  place  of  beginning. 

Number  Seven.  All  that  portion  of  North  Murderkill  Hundred  not 
included  in  District  number  six. 

Number  Ei^ht.  All  that  portion  of  South  Murderkill  Hundred  not 
included  in  District  number  six. 

Number  Nine.  All  that  portion  of  Mispillion  Hundred  not  in- 
cluded in  District  number  six. 

Number  Ten.  Milford  Hundred. 

The  Representative  Districts  in  Sussex  County  are  and  shall  be  as 
follows : 

Number  One.  Cedar  Creek  Hundred. 

Number  Two.  All  that  portion  of  Nanticoke  Hundred  which  lies 
north  and  west  of  Gravelly  Branch,  beginning  at  a  point  where  the 
said  Gravelly  Branch  intersects  the  dividing  line  between  (George- 
town and  Nanticoke  Hundreds  and  running  in  a  southwesterly  course 
to  what  was  formerly  known  as  Rest's  Old  Mill,  thence  along  said 
branch  to  what  was  formerly  known  as  Collins'  Mills,  to  its  mouth 
being  at  the  head  of  Middleford  Mill  Pond;  together  with  North 
West  Fork  Hundred. 

Number  Three.  All  that  portion  of  Nanticoke  Hundred  which  lies 
south  and  east  of  said  Gravelly  Branch,  beginning  at  a  point  where 
the  said  Gravelly  Branch  intersects  the  dividing  line  between  Nanti- 
coke and  Georgetown  Hundreds,  running  in  a  southwesterly  course 
to  what  was  formerly  known  as  Rest's  Old  Mill,  thence  along  the 
said  branch  to  what  was  formerly  known  as  Collins'  Mills,  to  its 
mouth  at  the  head  of  Middleford  Mill  Pond ;  together  with  Seaf ord 
Hundred. 

Number  Four,  Broad  Creek  Hundred. 

Number  Five.  Little  Creek  Hundred. 

Number  Six.  Dagsboro  and  Gumboro  Hundreds. 

Number  Seven.  Baltimore  Hundred. 

Number  Eight.  Indian  River  Hundred. 

Number  Nine.  Georgetow^n  Hundred. 

Number  Ten.  Broadkiln  and  Lewes  and  Rehoboth  Hundreds. 

The  Senatorial  Districts  in  New  Castle  County  are  and  shall  be  as 
follows : 

7251— VOL  1-07 41 


606  Delaware— 1897 

Niiinl)cr  Ono.  All  that  portion  of  the  City  of  Wilmington  lying 
north  of  and  bonnded  by  a  straight  line  including  the  central  line  of 
P^ighth  street  extending  from  the  Delaware  River  to  the  westerly 
boundary  of  said  city, 

Nunil)er  Two.  All  that  portion  of  the  said  city  lying  south  of  and 
bounded  by  the  straight  line  aforesaid  including  the  central  line  of 
Eighth  street. 

Nuud^r  Three.  Brandywine  Hundred,  together  with  all  that  por- 
tion of  Christiana  Hundred  lying  north  of  and  bounded  by  the  cen- 
tral line  of  Lancaster  Turn])ike. 

Number  Four.  Mill  Creek  Hundred,  together  with  all  that  portion 
of  Christiana  Hundred  lying  south  of  and  bounded  by  the  central 
line  of  the  Lancaster  Turnpike. 

Number  Five.  White  Clay  Creek  Hundred,  Red  Lion  Hundred 
and  New  Castle  Hundred. 

Number  Six.  Pencader  Hundred  and  St.  Georges  Hundred. 

Numlier  Seven.  Appoquinimink  Plundred  and  Blackbird  Hundred. 

The  Senatorial  Districts  in  Kent  County  are  and  shall  be  as  fol- 
lows : 

Number  One.  The  first  and  Second  Representative  Districts. 

Number  Two.  The  third  and  fourth  Representative  Districts. 

Number  Three.  The  fifth  and  seAenth  Representative  Districts. 

Number  Four.  The  sixth  and  ninth  Representative  Districts. 

Number  Five.  The  eighth  and  tenth  Representative  Districts. 

The  Senatorial  Districts  in  Sussex  County  are  and  shall  be  as 
follows : 

Number  One.  The  first  and  second  Representative  Districts. 

Number  Two.  The  third  and  fourth  Representative  Districts. 

Number  Three.  The  fifth  and  sixth  Representative  Districts. 

Number  Four.  The  seventh  and  eighth  Representative  Districts. 

Number  Five.  The  ninth  and  tenth  Representative  Districts. 

All  territory  which  shall  hereafter  l)e  added  to  and  included  within 
the  city  of  AYilmington  shall  become  part  of  the  Representative  Dis- 
tricts in  New  Castle  County,  as  follows: 

All  lying  east  of  a  straight  line  including  the  central  line  of  Market 
street,  below  Elighth  street,  as  the  said  two  streets  now  exist,  and 
south  of  a  straight  line  including  the  central  line  of  Eighth  street,  as 
the  same  now  exists,  shall  become  part  of  Representative  District 
number  one. 

All  lying  north  of  a  straight  line  including  the  central  line  of 
Eighth  street,  as  the  same  now  exists,  extending  from  the  northeast- 
erly side  of  Brandywine  Creek  to  the  Delaware  River,  or  north  of 
the  Brandywine  Creek,  westerly  from  the  point  of  intersection  of  the 
said  straigth  line  with  the  northeasterl}'  side  of  the  said  Creek,  shall 
become  part  of  Representative  District  number  two. 

All  lying  north  of  a  straight  line  including  the  central  line  of 
Eighth  street,  as  the  same  no\\'  exists,  south  of  the  Brandywine  Creek, 
and  west  of  the  central  line  of  Market  street,  as  the  same  now  exists, 
shall  become  part  of  Representative  District  number  three. 

All  lying  between  a  straight  line  including  the  central  line  of  Mar- 
ket street  extended  southerly  and  a  straight  line  including  the  central 
line  of  AVashington  street  extended  southerly  shall  become  part  of 
Representative  District  number  four. 

All  lying  south  of  a  straight  line  including  the  central  line  of 


Delaware— 1897  607 

Eighth  street,  as  the  same  now  exists,  and  west  of  a  straight  line 
inchiding  the  central  line  of  Washington  street,  as  the  same  now 
exists,  shall  become  part  of  llepresentative  District  number  five. 

In  case  of  any  change  in  the  boundary  line  between  this  State  and 
the  State  of  Pennsylvania  any  of  the  said  Senatorial  and  Representa- 
tive Districts  in  New  Castle  County  affected  thereby  shall  conform  to 
any  new  boundary  line  between  the  said  States. 

All  territory  which  shall  hereafter  be  added  to  and  included  within 
the  City  of  Wilmington  shall  become  part  of  the  Senatorial  Districts 
in  New  Castle  County  as  follows: 

All  lying  north  of  a  straight  line  including  the  central  line  of 
Eighth  street,  extended  from  the  Delaware  River  westwardly,  shall 
become  part  of  Senatorial  District  number  one. 

All  lying  south  of  a  straight  line  including  the  central  line  of 
Eighth  street,  extended  from  the  Delaware  River  westwardly  shall 
become  part  of  Senatorial  District  number  two. 

Whenever  by  the  extension  of  the  limits  of  the  City  of  Wilmington 
territory  forming  part  of  any  Representative  or  Senatorial  District, 
as  hereby  established  shall  be  included  within  the  limits  of  said  city, 
such  Representative  or  Senatorial  District  shall  thereafter  consist  of 
the  residue  thereof,  not  so  included  within  said  limits. 

The  several  Representative  and  Senatorial  Districts  in  the  State 
shall,  except  as  herein  otherwise  provided,  continue  to  be  bounded, 
described  and  defined  by  the  lines  of  the  hundreds,  wards,  election 
district,  public  roads,  railroad  and  other  boundaries  herein  men- 
tioned, as  the  same  are  now  established  and  located. 

Section  3.  No  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  twenty-seven  years  and  have  been  a  citizen  and  inhabitant 
of  the  State  three  years  next  preceding  the  day  of  his  election  and  the 
last  year  of  that  term  and  inhabitant  of  the  Senatorial  District  in 
Avhich  he  shall  be  chosen,  unless  he  shall  have  been  absent  on  the  pub- 
lic business  of  the  United  States  or  of  this  State.  No  person  shall  be 
a  Representative  who  shall  not  have  attained  the  age  of  twenty-four 
years,  and  have  been  a  citizen  and  inhabitant  of  the  State  three  years 
next  preceding  the  day  of  his  election,  and  the  last  year  of  that  term 
an  inhabitant  of  the  Representative  District  in  which  he  shall  be 
chosen,  unless  he  shall  have  been  absent  on  the  public  business  of  the 
United  States  or  of  this  State. 

Section  4.  The  General  Assembly  shall  meet  on  the  first  Tuseday 
of  January,  biennially,  and  at  such  other  times  as  the  Governor  shall 
convene  the  same. 

Section  5.  The  General  Assembly  shall  meet  and  sit  in  Dover, 
the  capital  of  the  State;  provided,  however,  that  in  case  of  insur- 
rection, conflagration  or  epidemic  disease  the  General  Assembly  may 
temporarily  meet  and  sit  elsewhere. 

Section  6.  Whenever  there  shall  be  a  vacancy  in  either  House  of 
the  General  Assembly,  by  reason  of  failure  to  elect,  ineligibility, 
death,  resignation  or  otherwise,  a  writ  of  election  shall  be  issued  by 
the  presiding  officer  of  the  House  in  which  the  vacancy  exists,  or  in 
case  of  necessity  in  such  other  manner  as  shall  be  provided  by  law ; 
and  the  person  thereupon  chosen  to  fill  such  vacancy  shall  hold  office 
for  the  residue  of  the  term.  And  whenever  there  shall  be  such 
vacancy  in  either  House,  and  the  General  Assembly  is  not  in  session, 
the  Governor  shall  have  power  to  issue  a  writ  of  election  to  fill  such 


608  Delaware— 1897 

vacancy,  which  writ  shall  be  executed  as  a  writ  issued  by  the  presid- 
ing officer  of  either  House  in  case  of  vacancy,  and  the  person  there- 
upon chosen  to  fill  such  vacancy  shall  hold  ofKce  for  the  residue  of 
the  term. 

Section  7.  The  Senate  at  each  biennial  session  shall  choose  one  of 
its  members  president  pro  tempore,  who  shall  preside  in  the  absence 
of  the  Lieutenant-(iovernor,  or  in  case  the  latter  shall  become  (jrov- 
ernor  or  while  he  continues  in  the  exercise  of  the  office  of  Governor 
by  reason  of  disability  of  the  Governor.  The  Senate  shall  also  choose 
its  other  officers  and  in  the  absence  of  the  Lieutenant  Governor  and 
its  president  pro  tempore  may,  from  time  to  time,  as  occasion  may 
require,  appomt  one  of  its  members  to  preside.  The  House  of  Rep- 
resentatives shall  choose  one  of  its  members  speaker  and  also  choose 
its  other  officers,  and  in  the  absence  of  the  speaker  nuiy,  from  time 
to  time  as  occasion  may  require,  appoint  one  of  its  members  to 
preside. 

Section  8.  Each  House  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members;  and  a  majority  of  all  the 
members  elected  to  each  House  shall  constitute  a  quorum  to  do  busi- 
ness; but  a  smaller  number  may  adjourn  from  day  to  day,  and  shall 
have  power  to  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties,  as  shall  be  deemed  expedient. 

Section  9.  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  any  of  its  members  for  disorderly  behavior,  and  with  the 
concurrence  of  tw^o-thirds  of  all  the  members  elected  thereto  expel  a 
member,  and  shall  have  all  other  powers  necessary  for  a  branch  of 
the  Legislature  of  a  free  and  independent  State. 

Section  10.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same  immediately  after  every  session,  except  such 
parts  as  ma}'^  require  secrecy,  and  the  yeas  and  nays  of  the  members 
on  any  question  shall,  at  the  desire  of  any  member,  be  entered  on 
the  journal.  No  bill  or  joint  resolution,  except  in  relation  to  adjourn- 
ment, shall  pass  either  House  unless  the  final  vote  shall  have  been 
taken  by  yeas  and  nays,  and  the  names  of  the  members  voting  for 
and  against  the  same  shall  be  entered  on  the  journal,  nor  without 
the  concurrence  of  a  majority  of  all  the  members  elected  to  each 
House. 

Section  11.  The  doors  of  each  House,  and  of  Committees  of  the 
AVhole,  shall  be  open  unless  when  the  business  is  such  as  ought  to  be 
kept  secret. 

Section  12.  Neither  House  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  Houses  shall  be  sitting. 

Section  13.  The  Senators  and  Representatives  shall,  in  all  cases, 
except  treason,  felony  or  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
Houses,  and  in  going  to  and  returning  from  the  same ;  and  for  any 
speech  or  debate  in  either  House  they  shall  not  be  questioned  in  any 
other  place.    . 

Section  14.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
under  this  State  which  shall  have  been  created,  or  the  emoluments 
of  which  shall  have  been  increased,  during  such  time.  No  member 
of  Congress,  nor  any  person  holding  any  office  under  this  State,  or 


Delaware— 1897  609 

the  United  States,  except  officers  usually  appointed  by  the  courts  of 
justice  respectively,  attorney s-at-law  and  officers  in  the  militia,  hold- 
ing no  disqualifying  office,  shall  during  his  continuance  in  Congress 
or  in  office  be  a  Senator  or  Representative;  nor  shall  any  person 
while  concerned  in  any  army  or  navy  contract  be  a  Senator  or 
Representative. 

Section  15.  The  members  of  the  General  Assembly,  except  the 
presiding  officers  of  the  respective  Houses,  shall  receive  as  compensa- 
tion for  their  services  a  per  diem  allowance  of  five  dollars,  and  the 
presiding  officers  a  per  diem  allowance  of  six  dollars  for  each  day 
of  the  session,  not  exceeding  sixty  days;  and  should  they  remain 
longer  in  session  they  shall  serve  without  compensation.  In  case  a 
special  or  extra  session  of  the  General  Assembly  be  called  the  mem- 
bers and  presiding  officers  shall  receive  like  compensation  for  a 
period  not  exceeding  thirty  days. 

The  compensation  of  members  of  the  General  Assembly  and  of  the 
Lieutenant  Governor  as  president  of  the  Senate  shall  be  paid  out  of 
the  Treasury  of  the  State. 

The  cost  to  the  State  for  stationery  and  other  supplies  for  each 
member  of  the  General  Assembly  shall  not  exceed  the  sum  of  twenty- 
five  dollars  for  any  regular  session,  or  the  sum  of  ten  dollars  for  any 
special  session. 

Section  16.  No  bill  or  joint  resolution,  except  bills  appropriating 
money  for  public  purposes,  shall  embrace  more  than  one  subject, 
which  shall  be  expressed  in  its  title. 

Section  17.  Lotteries,  the  sale  of  lottery  tickets,  pool  selling  and 
all  other  forms  of  gambling  are  prohibited  in  this  State.  The  Gen- 
eral Assembly  shall  enforce  this  section  by  appropriate  legislation. 

Section  18.  No  divorce  shall  be  granted,  nor  alimony  allowed, 
except  by  the  judgment  of  a  court,  as  shall  be  prescribed  by  general 
and  uniform  law. 

Section  19.  The  General  Assembly  shall  not  pass  any  local  or 
special  law  relating  to  fences ;  the  straying  of  live  stock ;  ditches ;  the 
creation  or  changing  the  boundaries  of  school  districts ;  or  the  laying 
out,  opening,  alteration,  maintenance  or  vacation,  in  whole  or  in  part, 
of  any  road,  highway,  street,  lane  or  alley. 

Section  20.  Any  member  of  the  General  Assembly  who  has  a  per- 
sonal or  private  interest  in  any  measure  or  bill  pending  in  the  Gen- 
eral Assembly  shall  disclose  the  fact  to  the  House  of  which  he  is  a 
member  and  shall  not  vote  thereon. 

Section  21.  No  person  who  shall  be  convicted  of  embezzlement  of 
the  public  money,  bribery,  perjury  or  other  infamous  crime,  shall  be 
eligible  to  a  seat  in  either  House  of  the  General  Assembly,  or  capable 
of  holding  any  office  of  trust,  honor  or  profit  under  this  State. 

Section  22.  Every  person  who  shall  give,  offer  or  promise,  directly 
or  indirectly,  any  money,  testimonial,  privilege,  personal  advantage 
or  thing  of  value  to  any  executive  or  judicial  officer  of  this  State  or  to 
any  member  of  either  House  of  the  General  Assembly  for  the  purpose 
of  influencing  him  in  the  performance  of  any  of  his  official  or  public 
duties  shall  be  deemed  guilty  of  bribery,  and  shall  be  punished  in  such 
manner  as  shall  be  provided  by  law. 

Section  23.  Every  statute  shall  be  a  public  law  unless  otherwise 
declared  in  the  statute  itself. 


610  Delaware— 1897 

Section  24.  The  State  Treasurer  shall  settle  his  accounts  annually 
with  the  General  Assembly  or  a  joint  committee  thereof,  which  shall 
be  appointed  at  every  biennial  session.  No  j^erson  who  has  served 
in  the  office  of  State  Treasurer  shall  l>e  elifjible  to  a  seat  in  either 
House  of  the  General  Assembly  until  he  shall  have  made  a  final 
settlement  of  his  accounts  as  treasurer  and  discharged  the  balance, 
if  any,  due  thereon. 

Ariicle  III 

EXECUTIVE 

Section  1.  The  supreme  executive  powers  of  the  State  shall  be 
vested  in  a  Governor. 

Section  2.  The  (xovernor  shall  l>e  chosen  by  the  qualified  electors 
of  the  State,  once  in  every  four  years,  at  the  general  election. 

Section  3.  The  returns  of  ever}'  election  for  Governor  shall  be 
sealed  up  and  immediately  transmitted  to  the  President  of  the  Senate, 
or  in  case  of  a  vacancy  in  the  office  of  President  of  the  Senate,  or  his 
absence  from  the  State,  to  the  Secretary  of  State,  who  shall  keep  the 
same  until  a  President  of  the  Senate  shall  be  chosen,  to  whom  they 
shall  be  immediately  transmitted  after  his  election,  who  shall  open 
and  publish  the  same  in  the  presence  of  the  members  of  both  Houses 
of  the  General  Assembly.  Duplicates  of  the  said  returns  shall  also 
be  immediately  lodged  with  the  Prothonotary  of  each  county.  The 
person  having  the  highest  number  of  votes  shall  be  Governor;  but  if 
two  or  more  shall  be  equal  in  the  highest  number  of  votes,  the  mem- 
bers of  the  two  Houses  shall,  by  joint  ballot,  choose  one  of  them  to  be 
Governor;  and  if,  upon  such  ballot,  two  or  more  of  them  shall  still 
be  equal  and  highest  in  votes,  the  President  of  the  Senate  shall  have 
the  casting  vote. 

Section  4.  Contested  elections  of  the  Governor  or  Lieutenant- 
Governor  shall  be  determined  by  a  joint  committee,  consisting  of  one- 
third  of  all  the  members  elected  to  each  House  of  the  General  Assem- 
bly, to  be  selected  by  ballot  of  the  Houses  respectiveh\  Every  mem- 
ber of  the  committee  shall  take  an  oath  or  anirmation  that  in  deter- 
mining the  said  election  he  will  faithfully  discharge  the  trust  reposed 
in  him ;  and  the  committee  shall  always  sit  with  open  doors. 

The  Chief  Justice,  or,  in  case  of  his  absence  or  disabilitv,  the  Chan- 
cellor shall  preside  at  the  trial  of  any  contested  election  of  Gov- 
ernor or  Lieutenant-Governor,  and  shall  decide  questions  regarding 
the  admissibility  of  evidence,  and  shall,  upon  request  of  the  com- 
mittee, pronounce  his  opinion  upon  other  questions  of  law  involved 
in  the  trial. 

Section  5.  The  Governor  shall  hold  his  office  during  four  years 
from  the  third  Tuesday  in  January  next  ensuing  his  election;  and 
shall  not  be  elected  a  third  time  to  said  office. 

Section  0.  The  Governor  shall  be  at  least  thirty  years  of  age,  and 
have  been  a  citizen  and  inhabitant  of  the  United  States  twelve  years 
next  before  the  day  of  his  election,  and  the  last  six  years  of  that  term 
an  inhabitant  of  this  State,  unless  he  shall  have  been  absent  on  public 
business  of  the  United  States  or  of  this  State. 

Section  7.  The  Governor  shall,  at  stated  times,  receive  for  his 
services  an  adequate  salary  to  be  fixed  by  law,  which  shall  be  neither 
increased  nor  diminished  during  the  period  for  w^hich  he  shall  have 
been  elected. 


Delaware— 1897  611 

Section  8.  He  shall  be  commander-in-chief  of  the  army  and  navy 
of  this  State,  and  of  the  militia,  except  Avhen  they  shall  be  called  into 
the  service  of  the  United  States. 

Section  9.  He  shall  have  power,  unless  herein  otherwise  provided 
to  appoint,  by  and  with  the  consent  of  a  majority  of  all  the  members 
elected  to  the  Senate,  such  officers  as  he  is  or  may  be  authorized  by 
this  Constitution  or  by  law^  to  appoint.  He  shall  have  power  to  fill 
all  vacancies  that  may  happen  during  the  recess  of  the  Senate,  in 
offices  to  which  he  may  appoint,  except  in  the  offices  of  Chancellor, 
Chief  Justice  and  Associate  Judges,  by  granting  Commissions  which 
shall  expire  at  the  end  of  the  next  session  of  the  Senate. 

He  shall  have  power  to  fill  all  vacancies  that  may  happen  in  elective 
offices,  except  in  the  offices  of  Lieutenant-Governor  and  members  of 
the  General  Assembly,  by  granting  Commissions  which  shall  expire 
Avhen  their  sucessors  shall  be  duly  qualified. 

In  case  of  vacancy  in  an  elective  office,  except  as  aforesaid,  a  person 
shall  be  chosen  to  said  office  for  the  full  term  at  the  next  general 
election,  unless  the  vacancy  shall  happen  within  two  months  next 
before  such  election,  in  which  case  the  election  for  said  office  shall  be 
held  at  the  second  succeeding  general  election. 

Unless  herein  otherwise  provided,  confirmation  by  the  Senate  of 
officers  appointed  by  the  Governor  shall  be  required  only  where  the 
salary,  fees  and  emoluments  of  office  shall  exceed  the  sum  of  five 
hundred  dollars  annually. 

Section  10.  The  Governor  shall  appoint,  by  and  with  the  consent 
of  a  majority  of  all  the  members  elected  to  the  Senate,  a  Secretary  of 
State,  who  shall  hold  office  during  the  pleasure  of  the  Governor. 
He  shall  keep  a  fair  register  of  all  the  official  acts  and  proceedings 
of  the  Governor,  and  shall,  when  required  by  either  House  of  the 
General  Assembly  lay  the  same,  and  all  papers,  minutes  and  vouchers, 
relative  thereto,  before  such  House,  and  shall  perform  such  other 
duties  as  shall  be  enjoined  upon  him  by  law.  He  shall  have  a  com- 
pensation for  his  service  to  be  fixed  by  law\ 

Section  11.  No  person  shall  be  elected  or  appointed  to  an  office 
within  a  county  who  shall  not  have  a  right  to  vote  for  a  Representa- 
tive in  the  General  Assembly,  and  have  been  a  resident  therein  one 
year  next  before  his  election  or  appointment,  nor  hold  the  office 
longer  than  he  continues  to  reside  in  the  county,  unless  herein  other- 
wise provided. 

No  member  of  Congress,  nor  any  person  holding  or  exercising  any 
office  under  the  United  States,  except  officers  usually  appointed  by 
the  courts  of  justice  respectively  and  attorneys-at-law,  shall  at  the 
same  time  hold  or  exercise  any  office  of  profit  under  this  State,  unless 
herein  otherwise  provided. 

No  person  shall  hold  more  than  one  of  the  following  offices  at  the 
same  time,  to-wit:  Secretary  of  State,  Attorney-General,  Insurance 
Conmiissioner,  State  Treasurer,  Auditor  of  Accounts,  Prothonotary, 
Clerk  of  the  Peace,  Register  of  Wills,  Recorder,  Sheriff  or  Coroner. 

Section  12.  All  Commissions  shall  be  in  the  name  of  the  State, 
and  shall  be  sealed  with  the  great  seal  and  signed  by  the  Governor. 

Section  13.  The  Governor  may  for  any  reasonable  cause  remove 
any  officer,  except  the  Lieutenant  Governor  and  members  of  the 
General  Assembly,  upon  the  address  of  two-thirds  of  all  the  members 
elected  to  each  House  of  the  General  Assembly.     Whenever  the  Gen- 


612  Delaware— 1897 

eral  Assembly  shall  so  address  the  (lovernor,  the  cause  of  removal 
shall  be  entered  on  the  journals  of  each  House.  The  |)erson  against 
whom  the  General  Assembly  nuiy  lx>  about  to  proceed  shall  receive 
notice  thereof,  accompanied  with  the  cause  alleged  for  his  removal,  at 
least  ten  days  before  the  day  on  which  either  House  of  the  General 
Assembly  shall  act  thereon. 

Section  14.  The  Governor  may  require  information  in  writing 
from  the  officers  in  the  executive  department,  uyion  any  subject  relat- 
ing to  the  duties  of  their  respective  offices. 

Section  15.  He  shall,  from  time  to  time,  give  to  the  General 
Assembly  information  of  atFairs  concerning  the  State  and  recommend 
to  its  consideration  such  measures  as  he  shall  judge  expedient. 

Section  16.  He  may  on  extraordinary  occasions  convene  the  Gen- 
eral Assembly  by  proclamation;  and  in  case  of  disagreement  between 
the  two  Houses  with  respect  to  the  time  of  adjournment,  adjourn 
them  to  such  time  as  he  shall  think  proper,  not  exceeding  three 
months.  He  shall  have  power  to  convene  the  Senate  in  extraordinary 
session  by  proclamation,  for  the  transaction  of  executive  business. 

Section  17.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Section  18.  Every  bill  which  shall  have  passed  both  Houses  of  the 
General  Assembly  shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor;  if  he  approve,  he  shall  sign  it ;  but  if  he  shall  not  approve, 
he  shall  return  it  with  his  objections  to  the  House  in  which  it  shall 
have  originated,  which  House  shall  enter  the  objections  at  large  on 
the  journal  and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, three-fifths  of  all  the  members  elected  to  that  House  shall  agree 
to  pass  the  bill,  it  shall  be  sent  together  with  the  objections  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  three-fifths  of  all  the  members  elected  to  that  House, 
it  shall  become  a  law ;  but  in  neither  House  shall  the  vote  be  taken  on 
the  day  on  which  the  bill  shall  be  returned  to  it.  In  all  such  cases 
the  votes  of  both  Houses  shaH  be  determined  by  yeas  and  nays,  and 
the  names  of  the  members  voting  for  and  against  the  bill  shall  lie 
entered  on  the  journal  of  each  House  respectively.  If  any  bill  shall 
not  be  returned  by  the  Governor  within  ten  days,  Sundays  excepted, 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  General  Assembly  shall, 
by  adjournment,  prevent  its  return,  in  which  case  it  shall  not  liecome 
a  law  without  the  approval  of  the  Governor.  Xo  bill  shall  liecome 
a  law  after  the  final  adjournment  of  the  General  Assembly,  unless 
approved  by  the  Governor  within  thirty  days  after  such  adjournment. 
The  Governor  shall  have  power  to  disapprove  of  any  item  or  items 
of  any  bill  making  appropriations  of  money,  embracing  distinct 
items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the  law,  and 
the  item  or  items  of  appropriation  disapproved  shall  be  void,  unless 
repassed  according  to  the  rules  and  limitations  prescribed  for  the  pas- 
sage of  other  bills,  over  the  Executive  veto.  Every  order,  resolution, 
or  vote  to  which  the  concurrence  of  both  Houses  of  the  General 
Assembly  may  be  necessary,  except  on  a  question  of  adjournment, 
shall  be  presented  to  the  (jrovernor,  and  before  the  same  shall  take 
effect  be  approved  by  him,  or  being  disapproved  by  him,  shall  be 
repassed  by  three-fifths  of  all  the  members  elected  to  each  House 
of  the  General  Assembly,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 


Delaware— 1897  613 

Section  19.  A  Lieutenant-Governor  shall  be  chosen  at  the  same 
time,  in  the  same  manner,  for  the  same  term,  and  subject  to  the  same 
provisions  as  the  Governor;  he  shall  possess  the  same  qualifications 
of  eligibility  for  office  as  the  Governor;  he  shall  be  President  of  the 
Senate,  but  shall  have  no  vote  unless  the  Senate  be  equally  divided. 

The  Lieutenant  Governor  while  acting  as  President  of  the  Senate, 
or  as  member  of  the  Board  of  Pardons,  whenever  attending  the 
sessions  of  said  Board,  shall  receive  for  his  services  the  same  com- 
pensation per  day  as  the  Speaker  of  the  House  of  Representatives. 

Section  20.  In  case  the  person  elected  Governor  shall  die  or  become 
disqualified  before  the  commencement  of  his  term  of  office,  or  shall 
refuse  to  take  the  same,  or  in  case  of  the  removal  of  the  Governor 
from  office,  or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve  on  the 
Lieutenant-Governor;  and  in  case  of  removal,  death,  resignation,  or 
inability  of  both  the  Governor  and  Lieutenant-Governor,  the  Secre- 
tary of  State,  or  if  there  be  none,  or  in  case  of  his  removal,  death, 
resignation,  or  inability,  then  the  Attorney-General,  or  if  there  be 
none,  or  in  case  of  his  removal,  death,  resignation,  or  inability,  then 
the  President  pro  tempore  of  the  Senate,  or  if  there  be  none,  or  in  case 
of  his  removal,  death,  resignation,  or  inability,  then  the  Speaker  of 
the  House  of  Representatives  shall  act  as  Governor  until  the  disabil- 
ity of  the  Governor  or  Lieutenant-Governor  is  removed,  or  a  Gov- 
ernor shall  be  duly  elected  and  qualified. 

The  foregoing  provisions  of  this  Section  shall  apply  only  to  such 
persons  as  are  eligible  to  the  office  of  Governor  under  this  Constitu- 
tion at  the  time  the  powers  and  duties  of  the  office  of  Governor  shall 
devolve  upon  them  respectively. 

Whenever  the  powers  and  duties  of  the  office  of  Governor  shall 
devolve  upon  the  Lieutenant-Governor,  Secretary  of  State,  or  Attor- 
ney-General, his  office  shall  become  vacant ;  and  whenever  the  powers 
and  duties  of  the  office  of  Governor  shall  devolve  upon  the  President 
pro  tempore  of  the  Senate,  or  the  Speaker  of  the  House  of  Repre- 
sentatives, his  seat  as  a  member  of  the  General  Assembly  shall  become 
vacant ;  and  any  such  vacancy  shall  be  filled  as  directed  by  this  Con- 
stitution; provided,  however,  that  such  vacancy  shall  not  be  created 
in  case  either  of  the  said  persons  shall  be  acting  as  Governor  during 
a  temporary  disability  of  the  Governor. 

Section  21.  The  term  of  office  of  the  Attorney- General  and  Insur- 
ance Commissioner  shall  be  four  years;  and  the  terms  of  office  of  the 
State  Treasurer  and  Auditor  of  Accounts  shall  be  two  years.  These 
officers  shall  be  chosen  by  the  qualified  electors  of  the  State  at  general 
elections,  and  be  commissioned  by  the  Governor. 

Section  22.  The  terms  of  office  of  Prothonotaries,  Clerks  of  the 
Peace,  Registers  of  Wills,  Recorders,  Registers  in  Chancery  and 
Clerks  of  the  Orphans'  Court  shall  be  four  years;  and  the  terms  of 
office  of  Sheriffs  and  Coroners  shall  be  two  years.  These  officers  shall 
be  chosen  by  the  qualified  electors  of  the  respective  counties  at  general 
elections,  and  be  commissioned  by  the  Governor. 

No  person  shall  be  twice  elected  Sheriff  in  any  term  of  four  years. 

Section  23.  Prothonotaries,  Clerks  of  the  Peace,  Registers  of  Wills, 
Recorders,  Registers  in  Chancery,  Clerks  of  the  Orphans'  Court  and 
Sheriffs  shall  keep  their  offices  in  the  town  or  place  in  each  county  in 
which  the  Superior  Court  is  usually  held. 


614  Delaware— 1897 

AlMKI-K    IV 
JUDICIARY 

Section  1.  The  judicial  power  of  this  State  shall  \w  A'ested  in  a 
Supreme  Court,  a  Superior  Court,  a  Court  of  Chancery,  an  Orphans' 
Court  J  a  Court  of  Oyer  and  Terminer,  a  Court  of  General  Sessions, 
a  Register's  Court,  Justices  of  the  Peace  and  such  other  courts  as  the 
General  Assembly,  with  the  concurrence  of  two-thirds  of  all  the  mem- 
bers elected  to  each  House,  shall  from  time  to  time  by  law  establish. 

Section  2.  There  shall  be  six  State  Judges  who  shall  Ixj  learned  in 
the  law.  One  of  them  shall  be  Chancellor,  one  of  them  Chief  Justice 
and  the  other  four  of  them  Associate  Judges. 

The  Chancellor,  Chief  Justice  and  one  of  the  Associate  Judges  may 
be  appointed  from  and  reside  in  any  part  of  tiie  State,  The  other 
three  Associate  Judges  may  be  appointed  from  any  part  of  the  State, 
The}'  shall  be  resident  Associate  Judges,  and  one  of  them  shall  reside 
in  each  county. 

In  case  the  commissions  of  two  or  more  of  the  Associate  Judges 
shall  be  of  the  same  date,  they  shall,  as  soon  as  conveniently  may  be 
after  their  appointment,  determine  their  seniority  by  lot,  and  certify 
the  result  to  the  Governor, 

Section  3.  The  Chancellor,  Chief  Justice  and  Associate  Judges 
shall  be  appointed  by  the  Governor,  by  and  with  the  consent  of  a 
majority  of  all  the  members  elected  to  the  Senate,  for  the  term  of 
twelve  years:  Provided,  however,  that  the  Chancellor,  Chief  Justice 
and  Associate  Judges  first  to  be  appointed  under  this  amended  Con- 
stitution, shall  be  appointed  by  the  Governor  without  the  consent  of 
the  Senate,  for  the  term  of  twelve  years;  and  the  persons  so  appointed 
shall  enter  upon  the  discharge  of  the  duties  of  their  respective  offices 
upon  taking  the  oath  of  office  prescriljed  by  this  amended  Constitu- 
tion. If  a  vacancy  shall  occur,  by  expiration  of  term  or  otherwise, 
at  a  time  when  the  Senate  shall  not  be  in  session,  the  Governor  shall 
within  thirtv  days  after  the  happening  of  any  such  vacancy  convene 
the  Senate,  :^or  the  term  of  twelve  years ;  and  the  persons  so  appointed 
vacancy,  and  the  transaction  of  such  other  executive  business  as  may 
come  before  it.  Such  vacancy  shall  be  filled  as  aforesaid  for  the  full 
term.  The  said  appointment  shall  be  such  that  no  more  than  three 
of  the  said  five  law  judges,  in  office  at  the  same  time,  shall  have  been 
appointed  from  the  same  political  party. 

Section  4.  The  Chancellor,  Chief  Justice  and  Associate  Judges 
shall  respectively  receive  from  the  State  for  their  services  a  compen- 
sation which  shall  be  fixed  by  law  and  paid  quarterly,  and  shall  not 
be  less  than  the  annual  sum  of  three  thousand  dollars,  and  thev  shall 
not  receive  anv  fees  or  perquisites  in  addition  to  their  salaries  for 
business  done  by  them  except  as  provided  by  law.  They  shall  hold 
no  other  office  oiF  profit. 

Section  5.  The  Chief  Justice  and  the  four  Associate  Judges  shall 
compose  the  Superior  Court,  the  Court  of  General  Sessions  and  the 
Court  of  Oyer  and  Terminer,  as  hereinafter  prescril^ed. 

The  said  five  judges  shall  designate  those  of  their  number  who 
shall  hold  the  said  courts  in  the  several  counties,  AMienever  practi- 
cable the  said  courts  shall  consist  of  three  of  the  said  five  judges,  but 
no  more  than  three  of  them  shall  sit  together  in  anv  of  the  said 


Delaware— 1897  615 

courts.  In  each  of  the  said  courts  the  Chief  Justice  when  present 
shall  preside,  and  in  his  absence  the  senior  Associat*^  Judge  present 
shall  preside. 

Two  shall  constitute  a  quorum  in  the  said  courts  respectively'^  except 
in  the  court  of  Oyer  and  Terminer,  where  three  shall  constitute  a 
quorum. 

One  may  open  and  adjourn  court. 

Segtioni  6.  Two  sessions  of  the  Superior  Court,  or  Court  of  Gen- 
eral Sessions,  or  one  session  of  each  of  the  said  courts,  or  one  session 
o'f  the  Court  of  Oyer  and  Terminer  and  of  either  of  the  other  of  the 
said  courts  may  at  the  same  time  be  held  in  the  same  county  or  in 
different  counties,  and  the  business  in  the  several  counties  may  be 
distributed  and  apportioned  in  such  manner  as  shall  be  provided  by 
the  rules  of  the  said  courts  respectively. 

Section  7.  The  Superior  Court  shall  have  jurisdiction  of  all  causes 
of  a  civil  nature,  real,  personal  and  mixed,  at  common  law  and  all 
other  the  jurisdiction  and  powers  vested  by  the  laws  of  this  State  in 
the  Superior  Court. 

Section  8.  The  Court  of  General  Sessions  shall  have  all  the  juris- 
diction and  powers  vested  by  the  laws  of  this  State  in  the  Court  of 
General  Sessions  of  the  Peace  and  Jail  Delivery. 

Section  9.  The  Court  of  Oyer  and  Terminer  shall  have  all  the 
jurisdiction  and  powers  vested  by  the  laws  of  this  State  in  the  Court 
of  Oyer  and  Terminer. 

Section  10.  The  Chancellor  shall  hold  the  Court  of  Chancery. 
This  court  shall  have  all  the  jurisdiction  and  powers  vested  by  the 
laws  of  this  State  in  the  Court  of  Chancery. 

Section  11.  The  Orphans'  Court  in  each  County  shall  consist  of 
the  Chancellor  and  the  resident  Associate  Judge  of  the  county.  The 
Chancellor  when  present  shall  preside.  One  of  them  shall  constitute 
a  quorum. 

When  their  opinions  are  opposed,  or  when  the  decision  is  made  by 
one  of  them,  or  when  the  decision  is  made  by  both  of  them  in  matters 
involving  a  right  to  real  estate  or  the  appraised  value  or  other  value 
thereof,  and  in  all  matters  affecting  guardians  or  guardians'  accounts, 
there  shall  be  an  appeal  to  the  Superior  Court  for  the  county,  which 
shall  have  final  Jurisdiction  in  every  such  case.  Upon  such  appeal, 
if  the  Associate  Judge  sat  in  the  cause  below,  he  shall  not  sit  in  the 
Superior  Court.  In  all  other  cases  the  decision  of  the  Orphans' 
Court  shall  be  final. 

This  court  shall  have  all  the  jurisdiction  and  powers  vested  by  the 
laws  of  this  State  in  the  Orphans'  Court. 

Section  12.  The  Supreme  Court  shall  have  jurisdiction  as  follows: 

(1)  To  issue  writs  of  error  to  the  Superior  Court  and  to  determine 
finally  all  matters  in  error  in  the  judgments  and  proceedings  of  said 
Superior  Court. 

(2)  To  issue  upon  application  of  the  accused,  after  conviction  and 
sentence,  writs  of  error  to  the  Court  of  Oyer  and  Terminer  and  the 
Court  of  General  Sessions  in  all  cases  in  which  the  sentence  shall  be 
death,  imprisonment  exceeding  one  month,  or  fine  exceeding  one 
hundred  dollars,  and  in  such  other  cases  as  shall  be  provided  by  law; 
and  to  determine  finally  all  matters  in  error  in  the  judgments  and  pro- 
ceedings of  said  Court  of  Oyer  and  Terminer  and  Court  of  General 
Sessions  in  such  cases ;  provided,  however,  that  there  shall  be  no  writ 


616  Delaware— 1897 

of  error  to  the  Court  of  (ieueral  Sessions  in  cases  of  prosecution 
under  Section  8  of  Article  V  of  this  Constitution. 

(3)  To  receive  appeals  from  the  Court  of  (Jeneral  Sessions  in  cases 
of  prosecution  under  Section  8  of  Article  V  of  this  Constitution,  and 
to  aetennine  finally  all  mattei-s  of  appeal  in  such  cases. 

(4)  To  receive  appeals  from  the  Court  of  Chancery,  and  to  deter- 
mine finally  all  matters  of  appeals  in  the  interlocutory  or  final  decrees 
and  to  proceedings  in  chancery. 

(5)  To  issue  writs  of  prohibition,  certiorari  and  mandamus  to  the 
Superior  Court,  the  Court  of  Oyer  and  Terminer,  the  Court  of  Geri- 
eral  Sessions,  the  Court  of  Chancery  and  the  ()rj)lians'  Court,  or  any 
of  the  judges  of  the  said  courts,  and  all  orders,  rules  and  processes 
proper  to  give  effect  to  the  same.  The  General  Assembly  shall  have 
power  to  provide  by  law  of  what  judges  of  the  Supreme  Court  shall 
consist  for  the  purpose  of  this  paragraph  and  in  what  manner,  and  by 
what  judges  of  the  Supreme  Court  the  jurisdiction  and  power  hereby 
conferred  may  be  exercised  in  vacation. 

Section  1.3.  The  Supreme  Court  upon  a  writ  of  error  to  the  Supe- 
rior Court,  Court  of  Oyer  and  Terminer,  or  Court  of  General  Sessions, 
or  upon  appeal  from  the  Court  of  General  Sessions,  shall  consist  of  the 
Chancellor  and  such  of  the  other  five  judges  as  did  not  sit  in  the  cause 
below.  The  Chancellor  when  present  shall  preside,  and  in  his  absence 
the  Chief  Justice  Avhen  present  shall  preside,  and  in  his  absence  the 
senior  Associate  Judge  present  shall  preside.  Any  three  of  them 
shall  constitute  a  quorum,  and  one  of  them  may  open  and  adjourn 
court. 

Section  14.  The  Supreme  Court  upon  an  appeal  from  the  Court 
of  Chancery  shall  consist  of  the  Chief  Justice  and  the  four  Associate 
Judges. 

The  Chief  Justice  when  present  shall  preside,  and  in  his  absence  the 
senior  Associate  Judge  present  shall  preside.  Any  three  of  them  shall 
constitute  a  quorum,  and  one  of  them  may  open  and  adjourn  court. 

Section  15.  Whenever  the  Superior  Court,  Court  of  Oyer  and  Ter- 
miner or  Court  of  General  Sessions  shall  consider  that  a  question  of 
law  ought  to  be  heard  by  the  Court  in  Banc,  they  shall  have  power, 
upon  application  of  either  partv,  to  direct  it  to  be  so  heard;  and  in 
that  case  the  Court  in  Banc  shall  consist  of  the  Chief  Justice  and  tha 
four  Associate  Judges. 

The  Chief  Justice  when  present  shall  preside,  and  in  his  absence 
the  senior  Associate  Judge  present  shall  preside.  Any  four  of  them 
shall  constitute  a  quorum,  and  one  of  them  may  open  and  adjourn 
court. 

The  Superior  Court,  Court  of  Oyer  and  Terminer  or  Court  of 
General  Sessions  in  exercising  this  power,  may  direct  a  cause  to  be 
proceeded  into  verdict  or  judgment  in  that  court,  or  to  be  otherwise 
proceeded  in,  as  shall  be  best  tor  expediting  justice. 

Section  16.  In  matters  of  chancery  jurisdiction  in  which  the 
Chancellor  is  interested  or  otherwise  disqualified,  the  Chief  Justice 
shall  have  jurisdiction,  and  there  shall  be  an  appeal  to  the  Supreme 
Court,  which  shall  in  this  case  consist  of  the  four  Associate  Judges, 
the  senior  Associate  Judge  present  presiding.  Any  three  of  them 
shall  constitute  a  quorum,  and  one  of  them  may  open  and  adjourn 
court. 

Section  17.  The  Chief  Justice,  or,  in  case  of  his  absence  from  the 


Delaware— 1897  617 

State  or  disability,  the  senior  Associate  Judge,  shall  have  power,  dur- 
ing the  absence  of  the  Chancellor  from  the  State  or  his  temporary  dis- 
ability, to  grant  restraining  orders  and  preliminary  injunctions, 
pursuant  to  the  rules  of  the  Court  of  Chancery;  provided,  that 
nothing  herein  contained  shall  be  construed  to  confer  general  juris- 
diction over  the  case. 

Section  18.  The  Governor  shall  have  power  to  commission  a 
judge  ad  litem  for  the  purpose  of  constituting  a  quorum  in  the 
Superior  Court,  Court  of  Oyer  and  Terminer,  Court  of  General 
Sessions  or  Supreme  Coi  rt,  where  by  reason  of  legal  exception  to 
the  Chancellor  or  any  judge  or  for  other  cause  a  quorum  could  not 
otherwise  be  had.  The  commission  in  such  case  shall  confine  the 
office  to  the  cause,  and  it  shall  expire  on  the  determination  of  the 
cause.  The  judge  so  appointed  shall  receive  a  resonable  compensa- 
tion to  be  fixed  by  the  General  Assembly.  A  member  of  Congress, 
or  any  person  holding  or  exercising  an  office  under  the  United  States, 
shall  not  be  disqualified  from  being  appointed  a  judge  ad  litem. 

Section  19.  The  jurisdiction  of  each  of  the  aforesaid  courts  shall 
be  co-extensive  with  the  State.  Process  may  be  issued  out  of  each 
court,  in  either  county,  into  every  county.  No  costs  shall  be  awarded 
against  any  party  to  a  cause  by  reason  of  the  fact  that  suit  is  brought 
in  a  county  other  than  that  in  which  the  defendant  or  defendants  may 
reside  at  the  time  of  bringing  suit. 

Section  20.  The  General  Assembly,  notwithstanding  anything  con- 
tained in  this  Article,  shall  have  power  to  repeal  or  alter  any  act  of 
the  General  Assembly,  giving  jurisdiction  to  the  Court  of  Oyer  and 
Terminer,  the  Superior  Court,  the  Court  of  General  Sessions  of  the 
Peace  and  Jail  Delivery,  the  Orphans'  Court  or  the  Court  of  Chan- 
cery, in  any  matter,  or  giving  any  power  to  either  of  the  said  courts. 
The  General  Assembly  shall  also  have  power  to  confer  upon  the 
Courts  of  Oyer  and  Terminer,  the  Superior  Court,  the  Court  of  Gen- 
eral Sessions,  the  Orphans'  Court  and  the  Court  of  Chancery  juris- 
diction and  powers  in  addition  to  those  hereinbefore  mentioned. 
Until  the  General  Assembly  shall  otherwise  direct,  there  shall  be  an 
appeal  to  the  Supreme  Court  in  all  cases  in  which  there  is  an  appeal, 
according  to  any  act  of  the  General  Assembly,  to  the  Court  of  Errors 
and  Appeals. 

Section  21.  Until  the  General  Assembly  shall  otherwise  provide, 
the  Chancellor  shall  exercise  all  the  powers  which  any  law  of  this 
State  vests  in  the  Chancellor,  besides  the  general  powers  of  the  Court 
of  Chancery,  and  the  Chief  Justice  and  Associate  Judges  shall  each 
singly  exercise  all  the  powers  which  any  law  of  this  State  vests  in 
the  judges  singly  of  the  Superior  Court. 

Section  22.  Judges  shall  not  charge  juries  with  respect  to  matters 
of  fact,  but  may  state  the  questions  of  fact  in  issue  and  declare  the 
law. 

Section  23.  In  civil  causes  where  matters  of  fact  are  at  issue,  if 
the  parties  agree,  such  matters  of  fact  shall  be  tried  by  the  court, 
and  judgment  rendered  upon  their  decision  thereon  as  upon  a  verdict 
by  a  jury. 

Section  24.  In  civil  causes,  when  pending,  the  Superior  Court 
shall  have  the  power,  before  judgment,  of  directing,  upon  such  terms 
as  it  shall  deem  reasonable,  amendments,  impleadings  and  legal  pro- 
ceedings, so  that  by  error  in  any  of  them,  the  determination  of  causes, 


618  Delaware— 1897 

according  to  thoir  real  luorits,  shall  not  l>o  hindered;  and  also  of 
directing  the  examination  of  witnesses  who  are  aged,  ver}'  infirm,  or 
going  ont  of  the  State,  upon  interrogatories  de  IxMie  esse,  to  be  read 
in  evidence,  in  case  of  the  death  or  departure  of  the  witnesses  before 
the  trial,  or  inability  by  reason  of  age,  sickness,  bodily  infirmity,  or 
imprisonment,  then  to  attend;  and  also  the  power  of  obtaining  evi- 
dence from  places  not  within  the  State. 

Section  25.  At  any  time  pemling  an  action  for  debt  or  damages, 
the  defendant  may  bring  into  court  a  sum  of  money  for  discharging 
the  same,  together  with  the  costs  then  accrued,  and  the  plaintiff  not 
accepting  the  same,  if  upon  the  final  decision  of  the  cause,  he  shall 
not  recover  a  greater  sum  than  so  paid  into  court  for  him,  he  shall 
not  recover  any  costs  accruing  after  such  payment,  except  where 
the  plaintiff  is  an  executor  or  administrator. 

Section  26.  By  the  death  of  any  party,  no  suit  in  chancery  or  at 
law,  where  the  cause  of  action  survives,  shall  abate,  but,  until  the 
General  Assembly  shall  otherwise  provide,  suggestion  of  such  death 
bein^  entered  of  record,  the  executor  or  administrator  of  a  deceased 
petitioner  or  plaintiff  may  prosecute  the  said  suit ;  and  if  a  respond- 
ent or  defendant  dies,  the  executor  or  administrator  l^eing  duly  served 
with  a  scire  facias  thirty  days  before  the  return  thereof  shall  be 
considered  as  a  party  to  the  suit,  in  the  same  manner  as  if  he  had 
voluntarilv  made  himself  a  part}-;  and  in  any  of  those  cases,  the 
court  shall  pass  a  decree,  or  render  judgment  for  or  against  executors 
or  administrators,  as  to  right  appertains.  But  where  an  executor 
or  administrator  of  a  deceased  respondent  or  defendant  becomes  a 
party,  the  court  upon  motion  shall  grant  such  a  continuance  of  the 
cause  as  to  the  judges  shall  appear  proper. 

Section  27.  Whenever  a  person,  not  being  an  executor  or  admin- 
istrator, appeals  from  a  decree  of  the  Chancellor,  or  applies  for  a 
writ  of  error,  such  appeal  or  writ  shall  be  no  stay  of  proceeding  in 
chancery,  or  the  court  to  which  the  writ  issues,  unless  the  appellant  or 
plaintiff  in  error  shall  give  sufficient  security,  to  be  approved  respec- 
tively by  tlie  Chancellor,  or  by  a  judge  of  the  court  from  which  the 
writ  issues,  that  the  appellant  or  plaintiff  in  error  shall  prosecute 
respectivelv  his  appeal  or  writ  to  effect,  and  pay  the  condemnation 
money  and  all  costs,  or  otherwise  abide  the  decree  in  appeal  or  the 
judgment  in  error,  if  he  fails  to  make  his  plea  good. 

Section  28.  Xo  writ  of  error  shall  be  brought  upon  any  judgment 
heretofore  confessed,  entered  or  rendered,  or  upon  any  judgment 
hereafter  to  be  confessed,  entered  or  rendered,  but  within  five  years 
after  the  confessing,  entering  or  rendering  thereof;  unless  the  person 
entitled  to  such  writ  be  an  infant,  feme  covert,  non  compos  mentis, 
or  a  prisoner,  and  then  within  five  years  exclufsive  of  the  time  of 
such  disability. 

Section  29.  The  Prothonotary  of  the  Superior  Court  may  issue 
process,  take  recognizances  of  bail  and  enter  judgments,  according 
to  law  and  the  practice  of  the  court.  No  judgment  in  one  county 
shall  bind  lands  or  tenements  in  another,  until  a  testatum  fieri  facias 
being  issued,  shall  be  entered  of  record  in  the  office  of  the  Prothon- 
otary of  the  county  wherein  the  lands  or  tenements  are  situate. 

Section  30.  The  General  Assembly  may  by  law  give  to  any  inferior 
courts  by  it  established  or  to  be  established,  or  to  one  or  more  justices 


Delaware— 1897  619 

of  the  peace,  jurisdiction  of  the  criminal  matters  following,  that  is 
to  say :  assaults  and  batteries,  keeping  without  license  a  public  house 
of  entertainment,  tavern,  inn,  ale  house,  ordinary  or  victualing  house, 
retailing  or  selling  without  license,  or  on  Sunday,  or  to  minors,  wine, 
rum,  brandy,  gin,  whiskey,  or  spirituous  or  mixed  liquors,  contrary 
to  law,  carrying  concealed  a  deadly  weapon,  disturbing  meetings 
held  for  the  purpose  of  religious  worship,  nuisances,  and  such  other 
misdemeanors  as  the  General  Assembly  may  from  time  to  time,  with 
the  concurrence  of  two-thirds  of  all  the  members  elected  to  each 
House  prescribe. 

The  General  Assembly  may  by  law  regulate  this  jurisdiction,  and 
provide  that  the  proceedings  shall  be  with  or  without  indictment  by 
grand  jury,  or  trial  by  petit  jury,  and  may  grant  or  deny  the  privi- 
lege of  appeal  to  the  Court  of  General  Sessions;  provided,  however, 
that  there  shall  be  an  appeal  to  the  Court  of  General  Sessions  in  all 
cases  in  which  the  sentence  shall  be  imprisonment  exceeding  one 
month,  or  a  fine  exceeding  one  hundred  dollars. 

Section  31.  There  shall  be  appointed,  as  hereinafter  provided,  such 
number  of  persons  to  the  office  of  Justice  of  the  Peace  as  shall  be 
directed  by  law,  who  shall  be  commissioned  for  four  years. 

Section  32.  Justices  of  the  Peace  and  the  judges  of  such  courts  as 
the  General  Assembly  may  establish  pursuant  to  the  provisions  of 
Section  1  or  Section  30  of  this  Article  shall  be  appointed  by  the 
Governor,  by  and  with  the  consent  of  a  majority  of  all  the  members 
elected  to  the  Senate,  for  such  terms  as  shall  be  fixed  by  this  Con- 
stitution or  by  law. 

•Section  33.  The  Registers  of  Wills  of  the  several  counties  shall 
respectively  hold  the  Register's  Court  in  each  county.  Upon  the 
litigation  of  a  cause  the  depositions  of  the  witnesses  examined  shall 
be  taken  at  large  in  writing  and  make  part  of  the  proceedings  in  the 
cause.  This  court  may  issue  process  throughout  the  State.  Appeals 
may  be  taken  from  a  Register's  Court  to  the  Superior  Court,  whose 
decision  shall  be  final.  In  cases  where  a  Register  of  Wills  is  inter- 
ested in  questions  concerning  the  probate  of  wills,  the  granting  of 
letters  of  administration  or  executors'  or  administrators'  accounts,  the 
cognizance  thereof  shall  belong  to  the  Orphans'  Court,  with  an 
appeal  to  the  Superior  Court,  whose  decision  shall  be  final. 

Section  34.  An  executor  or  administrator  shall  file  every  account 
with  the  Register  of  Wills  for  the  county,  who  shall,  as  soon  as  con- 
veniently may  be,  carefully  examine  the  particulars  with  the  proofs 
thereof,  in  the  presence  of  such  executor  or  administrator,  and  shall 
adjust  and  settle  the  same  according  to  the  right  of  the  matter  and 
the  law  of  the  land;  which  account  so  settled  shall  remain  in  his 
office  for  inspection ;  and  the  executor,  or  administrator,  shall  within 
three  months  after  such  settlement  give  notice  in  writing  to  all  per- 
sons entitled  to  shares  of  the  estate,  or  to  their  guardians,  respectively, 
if  residing  within  the  State,  that  the  account  is  lodged  in  the  said 
office  for  inspection. 

Exceptions  may  be  made  by  persons  concerned  to  both  sides  of 
every  such  account,  either  denying  the  justice  of  the  allowances  made 
to  the  accountant  or  alleging  further  charges  against  him;  and  the 
exceptions  shall  be  heard  in  the  Orphans'  Court  for  the  county ;  and 
thereupon  the  account  shall  be  adjusted  and  settled  according  to  the 
right  of  the  matter  and  law  of  the  land. 


620  Delaware— 1897 

Section  555.  The  style  in  all  process  and  public  acts  shall  \w  the 
State  of  Delaware.  ^Prosecutions  shall  l)e  carried  on  in  the  name  of 
the  State. 

Article  Y 

elections 

Section  1.  The  general  election  shall  he  held  biennially  on  the 
Tuesday  next  after  the  first  Monday  in  the  month  of  November,  and 
shall  be  by  ballot;  but  the  General  Assembly  may  by  law  prescribe 
the  means,  methods  and  instruments  of  votmg  .so  as  best  to  secure 
secrecy  and  the  independence  of  the  voter,  preserve  the  freedom  and 
purity  of  elections  and  prevent  fraud,  corruption  and  intimidation 
thereat. 

Section  2.  Every  male  citizen  of  this  State  of  the  age  of  twenty- 
one  years  who  shall  have  been  a  resident  thereof  one  year  next  pre- 
ceding an  election,  and  for  the  last  three  months  a  resident  of  the 
county,  and  for  the  last  thirty  days  a  resident  of  the  hundred  or 
election  district  in  which  he  may  o^er  to  vote,  and  in  which  he  shall 
have  been  duly  registered  as  hereinafter  provided  for,  shall  be  en- 
titled to  vote  at  such  election  in  the  hundred  or  election  district  of 
which  he  shall  at  the  time  be  a  resident,  and  in  which  he  shall  be 
registered,  for  all  officers  that  now  are  or  hereafter  may  be  elected  by 
the  people  and  upon  all  questions  which  may  be  suomitted  to  the 
vote  of  the  people;  provided,  however,  that  no  person  who  shall 
attain  the  age  of  twenty-one  years  after  the  first  day  of  January,  in 
the  year  of  our  Lord,  nineteen  hundred,  or  after  that  date  shall 
become  a  citizen  of  the  United  States,  shall  have  the  right  to  vote 
unless  he  shall  be  able  to  read  this  Constitution  in  the  English  lan- 
guage and  write  his  name;  but  these  requirements  shall  not  apply 
to  any  person  who  by  reason  of  physical  disability  shall  be  unable 
to  comply  therewith;  and  provided  also,  that  no  person  in  the  mili- 
tary, naval,  or  marine  service  of  the  Ignited  States  shall  be  considered 
as  acquiring  a  residence  in  this  State,  by  being  stationed  in  any  gar- 
rison, barrack,  or  military  or  naval  place  or  station  within  this  State; 
and  no  idiot  or  insane  person,  pauper,  or  person  convicted  of  a  crime 
deemed  by  law  felony,  or  incapacitated  under  the  provisions  of  this 
Constitution  from  voting,  shall  enjoy  the  right  of  an  elector;  and  the 
General  Assembly  may  impose  the  forfeiture  of  the  right  of  suffrage 
as  a  punishment  for  crime. 

Section  3.  No  i)erson  who  shall  receive  or  accept,  or  offer  to  re- 
ceive or  accept,  or  shall  pay,  transfer,  or  deliver,  or  offer  or  promise 
to  pay,  transfer  or  deliver,  or  shall  contribute,  or  offer  or  promise  to 
contribute  to  another,  to  be  paid  or  used,  any  money  or  other  valuable 
thing  as  a  compensation,  inducement  or  reward  for  the  registering 
or  obtaining  from  registering  of  any  one  qualified  to  register,  or  for 
the  giving  or  withholding,  or  in  any  manner  influencing  the  giving 
or  withholding,  a  vote  at  any  general  or  special  or  municipal  election 
in  this  State,  shall  vote  at  such  election ;  and  upon  challenge  for  any 
of  said  causes  the  person  so  challenged  before  the  officers  authorized 
for  that  purpose  shall  receive  his  vote,  shall  swear  or  affirm  before 
such  officers  that  he  has  not  received  or  accepted,  or  offered  to  receive 
or  accept,  or  paid,  transferred  or  delivered,  or  offered  or  promised  to 
pay,  transfer  or  deliver,  or  contributed,  or  offered  or  promised  to  con- 


Delaware— 1897  621 

tribute  to  another,  to  be  paid  or  used,  any  money  or  other  vakiable 
thing  as  a  compensation,  inducement  or  reward  for  the  registering 
or  abstaining  from  registering  of  any  one  qualified  to  register,  or  for 
the  giving  or  withholding,  or  in  any  manner  influencing  the  giving 
or  withholding,  a  vote  at  such  election. 

Such  oath  or  affirmation  shall  be  conclusive  evidence  to  the  election 
officers  of  the  truth  of  such  oath  or  affirmation ;  but  if  any  such  oath 
or  affirmation  shall  be  false,  the  person  making  the  same  shall  be 
guilty  of  perjury,  and  no  conviction  thereof  shall  bar  any  prosecution 
under  Section  8  of  this  Article. 

Section.  4.  The  General  Assembly  shall  provide  by  law  for  a  uni- 
form biennial  registration  of  the  names  of  all  the  voters  in  this  State 
who  possess  the  qualifications  prescribed  in  this  Article,  which  regis- 
tration shall  be  conclusive  evidence  to  the  election  officers  of  the  right 
of  every  person  so  registered  to  vote  at  the  general  election  next  there- 
after, who  is  not  disqualified  under  the  provision  of  Section  3  of  this 
Article;  but  no  person  shall  vote  at  such  election  unless  his  name 
appears  in  the  list  of  registered  voters. 

Such  registration  shall  be  commenced  not  more  than  one  hundred 
and  twenty  days  nor  less  than  sixty  days  before  and  be  completed 
not  more  than  twenty  nor  less  than  ten  days  before  such  election. 
Application  for  registration  may  be  made  on  at  least  five  days  during 
the  said  period;  provided,  however,  that  such  registration  may  be 
corrected  as  hereinafter  provided,  at  any  time  prior  to  the  day  of 
holding  the  election. 

Voters  shall  be  registered  upon  personal  application  only ;  and  each 
voter  shall,  at  the  time  of  his  registration,  pay  a  registration  fee  of 
one  dollar,  for  the  use  of  the  county  where  such  registration  fee  is 
paid. 

From  the  decision  of  the  registration  officers  granting  or  refusing 
registration,  or  striking  or  refusing  to  strike  a  name  or  names  from 
the  registration  list,  any  person  interested,  or  any  registration  officer, 
may  appeal  to  the  resident  Associate  Judge  of  the  county,  or  in  case 
of  his  disability  or  absence  from  the  county,  to  any  judge  entitled  to 
sit  in  the  Supreme  Court,  whose  determination  shall  be  final ;  and  he 
shall  have  power  to  order  any  name  improperly  omitted  from  the 
said  registry  to  be  placed  thereon,  and  any  name  improperly  appear- 
ing on  the  said  registry  to  be  stricken  therefrom,  and  any  name 
appearing  on  the  said  registry,  in  any  manner  incorrect,  to  be  cor- 
rected, and  to  make  and  enforce  all  necessary  orders  in  the  premises 
for  the  correction  of  the  said  registry.  Registration  shall  be  required 
only  for  general  biennial  elections  at  which  Representatives  to  the 
General  Assembly  shall  be  chosen,  unless  the  General  Assembly  shall 
otherwise  provide  by  law. 

The  existing  laws  in  reference  to  the  registration  of  voters,  so  far 
as  consistent  with  the  provisions  of  this  Article,  shall  continue  in 
force  until  the  General  Assembly  shall  otherwise  provide. 

Section  5.  Electors  shall  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest,  during  their  attend- 
ance at  elections,  and  in  going  to  and  returning  from  them. 

Section  G.  The  presiding  election  officer  of  each  hundred  or  elec- 
tion district,  on  the  dav  next  after  the  general  election,  shall  deliver 
one  of  the  certificates  oi  the  election,  made  and  certified  as  required  by 
law,  together  with  the  ballot  box  or  ballot  boxes,  containing  the  bal- 
7251— VOL  1—07 42 


622  Delaware— 1897 

lots,  and  other  papers  required  by  law  to  be  placed  therein,  to  the 
Prothonotary  or  the  Superior  Court  of  the  county,  who  shall  at 
twelve  o'clock  noon  on  the  second  day  after  the  election  present  the 
same  to  the  said  court,  and  the  election  officer  or  officers  having 
charge  of  any  other  certificate  or  certificates  of  the  election  shall  at 
the  same  time  present  the  same  to  the  said  court,  and  the  said  court 
shall  at  the  same  time  convene  for  the  performance  of  the  duties 
hereby  imposed  upon  it;  and  thereupon  the  said  court,  with  the  aid 
of  such  OT  its  officers  and  such  sworn  assistants  as  it  shall  appoint, 
shall  publicly  ascertain  the  state  of  the  election  throughout  the 
county,  by  calculating  tlie  aggregate  amount  of  all  the  votes  for  each 
office  that  shall  be  given  in  all  the  hundreds  and  election  districts  of 
the  county  for  every  person  voted  for  for  such  office. 

In  case  the  certificates  of  election  of  any  hundred  or  election  district 
shall  not  be  produced,  or  in  case  the  certificates  produced  do  not  agree, 
or  in  case  of  complaint  under  oath  of  fraud  or  mistake  in  any  such 
certificate,  or  in  case  fraud  or  mistake  is  apparent  on  the  face  of  any 
such  certificate,  the  court  shall  have  power  to  issue  summary  process 
against  the  election  officers  or  any  other  persons  to  bring  them  forth- 
with into  court  with  the  election  papers  in  their  possession  or  con- 
trol, and  to  open  the  ballot  boxes  and  take  therefrom  any  paj^er  con- 
tained therein,  and  to  make  a  record  of  the  ballots  contained  therein, 
and  to  correct  any  fraud  or  mistake  in  any  certificate  or  paper  relat- 
ing to  such  election. 

The  said  court  shall  have  all  other  the  jurisdiction  and  powers  now 
vested  by  law  in  the  boards  of  canvass,  and  such  other  powers  as  shall 
be  provided  by  law. 

After  the  state  of  the  election  shall  have  been  ascertained  as  afore- 
said, the  said  court  shall  make  certificates  thereof,  under  the  seal  of 
said  court  in  the  form  required  by  law,  and  transmit,  deliver  and 
lodge  the  same  as  required  by  this  Constitution  or  by  law,  and  deliver 
the  ballot  boxes  to  the  sheriff  of  the  county,  to  be  by  him  kept  and 
delivered  as  required  by  law. 

Xo  act  or  determination  of  the  court  in  the  discharge  of  the  duties 
imposed  upon  it  by  this  section  shall  lx»  conclusive  in  the  trial  of  any 
contested  election. 

For  the  purposes  of  this  section  the  Superior  Court  shall  consist 
in  New  Castle  County  of  the  Chief  Justice  and  the  resident  Associate 
Judge ;  in  Kent  County  of  the  Chancellor  and  the  resident  Associate 
Judge ;  and  in  Sussex  County  of  the  resident  Associate  Judge  and  the 
remaining  Associate  Judge. 

Two  shall  constitute  a  quorum.  The  Governor  shall  have  power  to 
commission  a  judge  for  the  purpose  of  constituting  a  quorum  when 
by  reason  of  legal  exception  to  the  Chancellor  or  any  judge,  or  for  any 
other  cause,  a  quorum  could  not  otherwise  be  had. 

Section  7.  Every  person  who  either  in  or  out  of  the  State  shall 
receive  or  accept,  or  offer  to  receive  or  accept,  or  shall  pay,  transfer  or 
deliver,  or  offer  or  promise  to  pay,  transfer  or  deliver,  or  shall  con- 
tribute, or  offer  or  promise  to  contribute,  to  another  to  be  paid  or 
used,  any  money  or  other  valuable  thing  as  a  compensation,  induce- 
ment or  reward  for  the  giving  or  withholding,  or  in  any  manner 
influencing  the  giving  or  withholding,  a  vote  at  any  general,  special, 
or  municii)al  election  in  this  State,  or  at  any  primary  election,  con- 
vention or  meeting  held  for  the  purpose  of  nominating  any  candidate 


Delaware— 1897  623 

or  candidates  to  be  voted  for  at  such  general,  special  or  municipal 
election;  or  who  either  in  or  out  of  the  State  shall  make  or  become 
directly  or  indirectly  a  party  to  any  bet  or  wager  depending  upon  the 
result  of  any  such  general,  special,  municipal  or  primary  election  or 
convention  or  meeting,  or  upon  a  vote  thereat  by  any  person ;  or  who 
either  in  or  out  of  the  State  shall,  by  the  use  or  promise  of  money  or 
other  valuable  thing,  or  otherwise,  cause  or  attempt  to  cause  any 
officer  of  election  or  registration  officer  to  violate  his  official  duty ;  or 
who  either  in  or  out  of  the  State  shall  by  the  use  or  promise  of  money 
or  other  valuable  thing  influence  or  attempt  to  influence  any  person 
to  be  registered  or  abstain  from  being  registered;  or  who,  bemg  an 
officer  of  election  or  registration  officer,  shall  knowingly  and  wilfully 
violate  his  official  duty;  or  who  shall  by  force,  threat,  menace  or 
intimidation,  prevent  or  hinder,  or  attempt  to  prevent  or  hinder,  any. 
person  qualified  for  registration  from  being  registered  or  any  person 
qualified  to  vote  from  voting  according  to  his  choice  at  any  such 
general,  special  or  municipal  election,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  fined  not  less  than  one  hundred  dollars 
nor  more  than  five  thousand  dollars,  or  shall  be  imprisoned  for  a  term 
not  less  than  one  month  nor  more  than  three  years,  or  shall  suffer 
both  fine  and  imprisonment  within  said  limits,  at  the  discretion  of 
the  court;  and,  if  a  male,  shall  further  for  a  term  of  ten  years  next 
following  his  sentence  be  incapable  of  voting  at  any  such  general, 
special,  municipal  or  primary  election  or  convention  or  meeting;  but 
the  penalty  of  disfranchisement  shall  not  apply  to  any  person  making 
or  being  a  party  to  any  bet  or  wager,  depending  upon  the  result  of 
any  such  general,  special,  municipal  or  primary  election  or  conven- 
tion or  meeting.  Every  person  charged  with  the  commission  while 
out  of  the  State  of  any  of  the  offences  enumerated  in  this  section,  and 
by  this  section  made  punishable,  Avhether  committed  in  or  out  of  the 
State,  may  be  prosecuted  under  Section  8  of  this  Article  in  any 
county  in  which  he  shall  be  arrested  on  such  charge.  No  person, 
other  than  the  accused,  shall,  in  the  prosecution  for  any  offence  men- 
tioned in  this  section,  be  permitted  to  withhold  his  testimony  on  the 
ground  that  it  may  criminate  himself  or  subject  him  to  public  in- 
famy ;  but  such  testimony  shall  not  afterwards  be  used  against  him 
in  any  judicial  proceeding,  except  for  perjury  in  giving  such 
testimony. 

Section  8.  Every  prosecution  for  any  of  the  offenses  mentioned  in 
Section  7  of  this  Article  shall  be  on  information  filed  by  the  Attorney 
General,  after  examination  and  commitment  or  holding  to  bail  by  a 
judge  or  Justice  of  the  Peace,  and  the  cause  shall  be  heard,  tried  and 
determined  by  the  court  without  the  intervention  of  either  a  grand 
jury  or  petit  jury.  The  accused,  if  adjudged  guilty  of  the  offense 
charged  against  him,  shall  have  the  right  at  any  time  within  the 
space  of  three  calendar  months  next  after  sentence  is  pronounced  to 
an  appeal  to  the  Supreme  Court.  The  court  below,  or  any  judge 
thereof,  in  term  time  or  vacation,  shall  upon  application  by  the 
accused  allow  such  appeal;  but  such  appeal  shall  not  operate  as  a 
supersedeas  unless  the  appellant  shall  at  the  time  of  the  allowance 
thereof  give  an  appeal  bond  to  the  State  of  Delaware  in  such  amount 
and  with  such  surety  as  shall  be  approved  by  such  court  or  judge. 
On  such  appeal  the  Supreme  Court  shall,  with  all  convenient  speed, 
review  the  evidence  adduced  in  the  cause  in  the  court  below,  as  well 


624  Delaware— 1897 

as  the  other  proceedings  therein ;  and  the  law  applicable  thereto,  and 
give  final  judgment  accordingly,  either  affirming  or  reversing  the 
judgment  below.  If  the  appcmant  shall  fail  to  prosecute  his  appeal 
pursuant  to  the  rules  and  practice  hereinafter  provided  for,  the 
Supreme  Court  shall  affirm  the  judgment  of  the  court  below.  Where 
the  sentence  in  the  court  below  includes  a  term  of  imprisonment  and 
an  appeal  bond  is  given  and  approved  in  manner  aforesaid,  the 
Supreme  Court,  if  it  affirm  the  judgment  below,  shall  sentence  the 
appellant  to  a  term  of  imprisonment  equal  to  that  imposed  by  the 
court  below,  after  deducting  therefrom  a  period  equal  to  the  time  of 
imprisonment,  if  any,  already  suffered  by  him  under  the  sentence  of 
the  court  below.  The  surety  or  sureties  in  any  appeal  bond  given 
under  the  provisions  of  this  section  shall  have  the  right  at  any  time 
after  its  approval  and  until  final  judgment  shall  be  rendered  by  the 
Supreme  Court,  and,  in  case  the  judgment  of  the  court  below  shall  be 
affirmed,  until  the  expiration  of  the  space  of  thirty  days  next  follow- 
ing such  affirmance,  to  take,  wherever  found,  ana  render  the  appel- 
lant to  the  sheriff  of  the  county  in  which  he  was  sentenced;  and  a 
certified  copy  of  the  appeal  bond  shall  be  the  sufficient  warrant  for 
such  surety  or  sureties  for  taking  and  rendering.  If  the  Supreme 
Court  shall  reverse  any  judgment  of  the  court  below  imposing  a  fine, 
and  if  the  accused  shall  have  fully  paid  such  fine  and  the  costs  of  prose- 
cution, the  amount  thereof  shall  be  refunded  to  the  appellant  through 
a  warrant  drawn  by  the  court  below  on  the  treasurer  of  the  county 
in  which  the  accused  was  sentenced.  All  the  judges  entitled  to  sit  in 
the  Supreme  Court  shall,  as  soon  as  conveniently  may  be,  meet  at  the 
usual  place  of  sitting  of  said  court,  and  they,  or  a  majority  of  them, 
shall  adopt  rules  prescribing  the  forms  and  conditions  of  appeal 
bonds  to  be  used  under  the  provisions  of  this  section,  and  the  manner 
of  certif\'ing  copies  thereof,  providing  for  the  printing  or  reduction 
to  writing  of  all  oral  evidence  in  the  cause  in  the  court  below  and  of 
the  opinion  of  said  court,  for  the  certification  of  the  same  when  so 
printed  or  reduced  to  writing,  and  of  copies  thereof;  for  the  copying 
and  certification  of  all  documentary  or  other  written  or  printed  evi- 
dence in  the  cause  in  the  court  below  and  of  the  record  therein;  for 
the  transmission  to  the  Supreme  Court  of  such  certified  copies  of  such 
record,  and  of  all  the  evidence  adduced  in  the  court  below  and  of  the 
opinion  of  said  court  for  the  transmission  to  the  court  below  of  a 
certified  copy  of  the  final  judgment  of  the  Supreme  Court  and  of  any 
additional  sentence  pronounced  by  said  court,  for  the  discharge  of 
sureties  in  appeal  bonds,  and  for  the  framing,  issuance,  service  and 
enforcement  of  all  process  and  rules  necessary  to  give  full  effect  to 
the  provisions  of  this  section;  and  regulating  generally  the  practice 
and  procedure  of  the  Supreme  Court  and  the  court  below  in  cases  of 
appeal  under  this  section.  The  said  judges,  or  a  majority  of  them, 
met  as  aforesaid,  may  also  provide  that  when  complaint  shall  be  made 
in  due  form,  prescribed  by  them,  to  any  judge  entitled  to  sit  in  the 
Supreme  Court,  that  any  offense  mentioned  in  Section  7  of  this 
Article  has  l)een  committed  in  the  county  in  which  such  judge  shall 
reside,  or  out  of  the  State,  such  judge  shall  have  power  to  cause  the 
person  charged  with  such  offense  to  l)e  arrested  within  any  county  of 
this  State  and  l)rought  before  him.  and  to  bind  him  with  sufficient 
surety,  or,  for  want  of  bail,  commit  him  for  his  appearance  and 
answer  at  the  next  term  of  the  Court  of  General  Sessions  in  such  man- 


Delaware— 1897  625 

ner  and  under  and  purf5uant  to  such  rules  and  regulations  as  the  said 
judges,  or  a  majority  of  them,  shall  prescribe.  From  time  to  time 
hereafter,  whenever  a  majority  of  all  the  judges  entitled  to  sit  in  the 
Supreme  Court  shall  so  request,  all  of  the  judges  so  entitled  shall,  as 
soon  as  conveniently  may  be,  meet  at  the  usual  place  of  sitting  of 
said  court ;  and  they,  or  a  majority  of  them,  shall  have  power  to  revise, 
amend,  add  to  or  annul,  any  rule  or  rules  theretofore  adopted  touch- 
ing forms,  practice  or  procedure  in  cases  of  appeal  under  this  section, 
or  arrest  and  binding  or  commitment  for  appearance  and  answer,  in 
such  manner  and  to  such  extent  as  in  their  judgment  shall  best  serve 
to  effectuate  the  purposes  hereof.  No  person  shall  be  adjudged  guilty 
of  an  offence  mentioned  in  Section  7  of  this  Article  Avithout  the  con- 
currence of  all  of  the  judges  trying  the  case;  and  upon  appeal  no 
judgment  of  the  court  bplow  shall  be  affirmed  without  the  concurrence 
of  all  of  the  judges  of  the  Supreme  Court  sitting  in  the  case,  and 
their  failure  to  concur  as  aforesaid  shall  operate  as  a  reversal  of  the 
judgment  of  the  court  below;  provided,  however,  that  such  concur- 
rence of  the  judges  sitting  in  the  Supreme  Court  shall  not  be  neces- 
sary for  the  affirmance  of  the  judgment  of  the  court  below  where  the 
appellant  shall  fail  to  prosecute  his  appeal  pursuant  to  the  rules  and 
practice  herein  provided  for. 

Section  9.  The  enumeration  of  the  offenses  mentioned  in  Section  7 
of  this  Article  shall  not  preclude  the  General  Assembly  from  defining 
and  providing  for  the  punishment  of  other  offenses  against  the  free- 
dom and  purity  of  the  ballot,  or  touching  the  conduct,  returns  or 
ascertainment  of  the  result  of  general,  special  or  municipal  elections, 
or  of  primary  elections,  conventions  or  meetings  held  for  the  nomi- 
nation of  candidates  to  be  voted  for  at  general,  special  or  municipal 
elections.  No  prosecution  under  any  act  of  the  General  Assembly 
passed  pursuant  to  this  section  shall  be  subject  to  the  provisions  of 
Section  8  of  this  Article. 

Article  VI 

IMPEACHMENT   AND   TREASON 

Section  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching;  but  two-thirds  of  all  the  members  must  concur  in  an 
impeachment.  All  impeachments  shall  be  tried  by  the  Senate,  and 
when  sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  the  evidence.  No  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  all  the  Sen- 
ators. 

On  the  trial  of  an  impeachment  against  the  Governor  or  Lieuten- 
ant-Governor, the  Chief  Justice,  or,  in  case  of  his  absence  or  disa- 
bility, the  Chancellor  shall  preside;  and  on  the  trial  of  all  other 
impeachments  the  President  of  the  Senate  shall  preside. 

Section  2.  The  Governor  and  all  other  civil  officers  under  this 
State  shall  be  liable  to  impeachment  for  treason,  bribery,  or  any  high 
crime  or  misdemeanor  in  office.  Judgment  in  such  cases  shall  not 
extend  further  than  to  removal  from  office,  and  disqualification  to 
hold  any  office  of  honor,  trust,  or  profit,  under  this  State;  but  the 
party  convicted  shall,  nevertheless,  be  subject  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 


626  Delaware— 1897 

Section  3.  Treason  against  this  State  shall  consist  only  in  levying 
war  against  it,  or  in  adhering  to  the  enemies  of  the  Government, 
giving  them  aid  and  comfort.  No  pei-son  shall  Ije  convicted  of  trea- 
son, unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  court. 

Article  VII 

PARDONS 

Section  1.  The  Governor  shall  have  power  to  remit  fines  and  for- 
feitures and  to  grant  reprieves,  commutations  of  sentence  and  par- 
dons, except  in  cases  of  impeachment ;  but  no  pardon,  or  reprieve 
for  more  than  six  months,  shall  be  granted,  nor  sentence  commuted, 
except  upon  the  recommendation  in  writing  of  a  majoritv  of  the 
Board  of  Pardons  after  full  hearing;  and  such  recommendation,  with 
the  reasons  therefor  at  length,  shall  be  filed  and  recorded  in  the  office 
of  the  Secretary  of  State,  who  shall  forthwith  notify  the  Governor 
thereof. 

He  shall  fully  set  forth  in  writing  the  grounds  of  all  reprieves, 
pardons  and  remissions,  to  be  entered  in  the  register  of  his  official 
acts  and  laid  before  the  General  Assembly  at  its  next  seasion. 

Section  2.  The  Board  of  Pardons  shall  be  composed  of  the  Chan- 
cellor, Lieutenant-Governor,  Secretary  of  State,  State  Treasurer  and 
Auditor  of  Accounts. 

Section  3.  The  said  board  may  require  information  from  the 
Attorney-General  upon  any  subject  relating  to  the  duties  of  said 
board. 

Article  YIII 

revenue  and  taxation 

Section  1.  All  taxes  shall  he  uniform  upon  the  same  class  of  sub- 
jects within  the  territorial  limits  of  the  authority  levying  the  tax, 
and  shall  be  levied  and  collected  under  general  laws,  but  the  General 
Assembly  may  by  general  laws  exempt  from  taxation  such  property 
as  in  the  opinion  of  the  General  Assembly  will  best  promote  the  pub- 
lic welfare. 

Section  2.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives;  but  the  Senate  may  propose  alterations  as  on 
other  bills;  and  no  bill  from  the  operation  of  which,  when  passed 
into  a  law,  revenue  may  incidentally  arise  shall  be  accounted  a  bill 
for  raising  revenue;  nor  shall  any  matter  or  clause  whatever  not 
immediately  relating  to  and  necessary  for  raising  revenue  be  in  any 
manner  blended  with  or  annexed  to  a  bill  for  raising  revenue. 

Section  3.  No  money  shall  be  borrowed  or  debt  created  by  or  on 
beaalf  of  the  State  but  pursuant  to  an  Act  of  the  General  Assembly, 
passed  with  the  concurrence  of  three-fourths  of  all  the  members 
elected  to  each  House,  except  to  supply  casual  deficiencies  of  revenue, 
repel  invasion,  suppress  insurrection,  defend  the  State  in  war,  or  pay 
existing  debts ;  and  any  law  authorizing  the  borrowing  of  money  by 
or  on  behalf  of  the  State  shall  specify  the  purpose  for  which  the 
money  is  to  be  borrowed,  and  the  money  so  borrowed  shall  l^e  used 
exclusively  for  such  purpose;   but  shduld  the  money  so  borrowed  or 


Delaware— 1897  627 

any  part  thereof  be  left  after  the  abandonment  of  such  purpose  or 
the  accomplishment  thereof,  such  money,  or  the  surplus  thereof,  may 
be  disposed  of  according  to  law. 

Section  4.  No  appropriation  of  the  public  money  shall  be  made  to, 
nor  the  bonds  of  this  State  be  issued  or  loaned  to  any  county,  munici- 
pality or  corjioration,  nor  shall  the  credit  of  the  State,  by  the  guar- 
antee or  the  endorsement  of  the  bonds  of  other  undertakings  of  any 
county,  municipality  or  corjDoration,  be  pledged  otherwise  than  pur- 
suant to  an  Act  of  the  General  Assembly,  passed  with  the  concurrence 
of  three-fourths  of  all  the  members  elected  to  each  House. 

Section  5.  The  General  Assembly  shall  provide  for  levying  and 
collecting  a  capitation  tax  from  every  male  citizen  of  the  State  of  the 
age  of  twenty-one  years  or  upwards;  but  such  tax  to  be  collected 
in  any  county  shall  be  uniform  throughout  that  county,  and  such 
capitation  tax  shall  be  used  exclusively  in  the  county  in  which  it  is 
collected. 

Section  6.  No  money. shall  be  drawn  from  the  treasury  but  pur- 
suant to  an  appropriation  made  by  Act  of  the  General  Assembly; 
provided,  however,  that  the  compensation  of  the  members  of  the  Gen- 
eral Assembly  and  all  expenses  connected  with  the  session  thereof 
may  be  paid  out  of  the  treasury  pursuant  to  resolution  in  that  behalf; 
a  regular  account  of  the  receipts  and  expenditures  of  all  public 
money  shall  be  published  annually. 

Section  7.  In  all  assessments  of  the  value  of  real  estate  for  tax- 
ation, the  value  of  the  land  and  the  value  of  the  buildings  and 
improvements  thereon  shall  be  included.  And  in  all  assessments  of 
the  rental  value  of  real  estate  for  taxation,  the  rental  value  of  the 
land  and  the  rental  value  of  the  buildings  and  the  improvements 
thei*ieon  shall  be  included.  The  foregoing  provisions  of  this  section 
shall  ai)ply  to  all  assessments  of  the  value  of  real  estate  or  of  the 
rental  value  thereof  for  taxation  for  State,  county,  hundred,  school, 
municipal  or  other  public  purposes. 

Section  8.  No  county,  city,  town  or  other  municipality  shall  lend 
its  credit  or  appropriate  money  to,  or  assume  the  debt  of,  or  become  a 
shareholder  or  joint  owner  in  or  with  any  private  corporation  or  any 
person  or  company  whatever. 

Article  IX 
corporations 

Section  1.  No  corporation  shall  hereafter  be  created,  amended;  re- 
newed or  revived  by  special  act,  but  only  by  or  under  general  law,  nor 
shall  any  existing  corporate  charter  be  amended,  renewed  or  revived 
by  special  act,  but  only  by  or  under  general  law;  but  the  foregoing 
provisions  shall  not  apply  to  municipal  corporations,  banks  or  cor- 
porations for  charitable,  penal,  reformatory,  or  educational  purposes, 
sustained  in  whole  or  in  part  by  the  State.  The  General  Assembly 
shall,  by  general  law,  provide  for  the  revocation  or  forfeiture  of  the 
charters  of  all  corporations  for  the  abuse,  misuse,  or  non-user  of  their 
corporate  powers,  privileges  or  franchises.  Any  proceeding  for  such 
revocation  or  forfeiture,  shall  be  taken  by  the  Attorney-General,  as 
may  be  provided  by  law.  No  general  incorporation  law,  nor  any 
special  act  of  incorporation,  shall  be  enacted  without  the  concurrence 


628  Delaware— 1897 

of  two-thirds  of  all  the  members  elected  to  each  House  of  the  General 
Assembly. 

Section  2.  No  corporation  in  existence  at  the  adoption  of  this 
Constitution  shall  have  its  charter  amended  or  renewed  without  first 
filing,  under  the  corporate  seal  of  said  corporation,  and  duly  attested, 
in  the  office  of  the  Secretary  of  State,  an  acceptance  of  the  provisions 
of  this  Constitution. 

Section  3,  No  corporation  shall  issue  stock,  except  for  money 
paid,  labor  done  or  personal  property,  or  real  estate  or  leases  thereof 
actually  acquired  by  such  corporation. 

Section  4.  The  rights,  privileges,  immunities  and  estates  of 
religious  societies  and  corporate  bodies,  except  as  herein  otherwise 
provided,  shall  remain  as  if  the  Constitution  of  this  State  had  not 
been  altered. 

Section  5.  No  foreign  corporation  shall  do  any  business  in  this 
State  through  or  by  branch  offices,  agents  or  representatives  located 
in  this  State,  without  having  an  authorized  agent  or  agents  in  the 
State  upon  whom  legal  process  may  be  served. 

Section  G.  Shares  of  the  capital  stock  of  corporations  created 
under  the  laws  of  this  State,  when  owned  by  persons  or  corporations 
without  this  State,  shall  not  be  subject  to  taxation  by  any  law  now 
existing  or  hereafter  to  bo  made. 

Article  X 
education 

Section  1.  The  General  Assembly  shall  provide  for  the  establish- 
ment and  maintenance  of  a  general  and  efficient  system  of  free  public 
schools,  and  may  require  by  law  that  every  child,  not  physically  or 
mentally  disabled,  shall  attend  the  public  school,  unless  educated  by 
other  means. 

Section  2.  In  addition  to  the  income  of  the  investments  of  the 
Public  School  Fund,  the  General  Assembly  shall  make  provision  for 
the  annual  payment  of  not  less  than  one  hundred  thousand  dollars 
for  the  benefit  of  the  free  public  schools  which,  with  the  income  of 
the  investments  of  the  Public  School  Fund,  shall  be  equitably  ap- 
portioned among  the  school  districts  of  the  State  as  the  General 
Assembly  shall  provide;  and  the  money  so  apportioned  shall  be 
used  exclusively  for  the  payment  of  teachers'  salaries  and  for  furnish- 
ing free  text  books;  provided,  however,  that  in  such  apportionment, 
no  distinction  shall  be  made  on  account  of  race  or  color,  and  separate 
schools  for  white  and  colored  children  shall  be  maintained.  All 
other  expenses  connected  with  the  maintenance  of  free  public  schools, 
and  all  expenses  connected  with  the  erection  or  repair  of  free  public 
school  buildings  shall  be  defrayed  in  such  manner  as  shall  be  pro- 
vided by  law. 

Section  3.  No  portion  of  any  fund  now  existing,  or  which  may 
hereafter  be  appropriated,  or  raised  by  tax,  for  educational  purposes, 
shall  be  appropriated  to.  or  used  by,  or  in  aid  of  any  sectarian,  church 
or  denominational  school ;  provided,  that  all  real  or  personal  property 
used  for  school  purposes,  where  the  tuition  is  free,  shall  be  exempt 
from  taxation  and  assessment  for  public  purposes. 


Delaware— 1897  629 

Section  4.  No  part  of  the  principal  or  income  of  the  Public  School 
Fund,  now  or  hereafter  existing,  shall  be  used  for  any  other  purpose 
than  the  support  of  free  public  schools. 

Article  XI 

AGRICULTURE 

Section  1.  There  shall  l^e  a  department  established  and  main- 
tained, known  as  the  State  Board  of  Agriculture. 

Section  2.  The  said  board  shall  be  composed  of  three  Commis- 
sioners of  Agriculture,  one  of  whom  shall  reside  in  each  county  in 
the  State.  Any  two  of  them  shall  constitute  a  quorum  for  the  trans- 
action of  business. 

Section  3.  The  said  Commissioners  of  Agriculture  shall  be  ap- 
pointed by  the  Governor,  by  and  Avith  the  consent  of  a  majority  of 
all  the  members  elected  to  the  Senate,  one  for  the  term  of  one  year,  one 
for  the  term  of  two  years,  and  one  for  the  term  of  three  years;  and 
thereafter  all  appointments  of  Commissioners  of  Agriculture  shall 
be  made  as  aforesaid  for  the  term  of  three  years,  and  they  shall  hold 
office  until  their  successors  are  duly  qualified :  provided,  that  any 
vacancy  occurring  in  the  office  of  Commissioner  of  Agriculture  before 
the  expiration  of  a  term  shall  be  filled  by  appointment  as  aforesaid 
for  the  remainder  of  the  term ;  and  provided  further,  that  in  case  such 
vacancy  shall  occur  when  the  Senate  is  not  in  session,  such  vacancy 
may  be  filled  by  the  Governor  without  confirmation  by  the  Senate 
until  the  end  of  the  next  session  of  the  Senate. 

Section  4.  The  said  board  shall  have  power  to  abate  and  prevent, 
by  such  means  as  the  General  Assembly  shall  prescribe,  all  contagious 
and  infectious  diseases  of  fruit  trees,  plants,  vegetables,  cereals, 
horses,  cattle  and  other  farm  animals. 

Section  5.  The  said  Commissioners  may  devise  such  plans  for 
securing  immigration  to  this  State  of  industrious  and  useful  settlers 
as  they  may  deem  expedient,  and  such  plans  may  be  executed  as  pre- 
scribed by  the  General  Assembly. 

Section  G.  The  General  Assembly  shall  provide  by  law  for  the 
compensation  of  the  members  of  said  board. 

Section  7.  The  Board  of  Agriculture  hereby  established  shall  con- 
tinue for  eight  years  from  the  date  of  the  qualification  of  the  first 
member  thereof,  after  which  it  may  be  abolished  by  the  General 
Assembly. 

Article  XII 

HEALTH 

The  General  Assembly  shall  provide  for  the  establishment  and 
maintenance  of  a  State  Board  of  Health,  which  shall  have  supervision 
of  all  matters  relating  to  public  health,  with  such  powers  and  duties 
as  may  be  prescribed  by  law;  and  also  for  the  establishment  and 
maintenance  of  such  local  boards  of  health  as  may  be  necessary,  to  be 
under  the  supervision  of  the  State  Board,  to  such  extent  and  with 
such  powers  as  may  be  prescribed  by  law. 


630  Delaware— 1897 

ARTicr.K  XIII 

LOCAL   OPTION 

Section  1.  The  General  Assembly  may  from  time  to  time  provide 
by  law  for  the  submission  to  the  vote  of  the  qualified  electors  of  the 
several  districts  of  the  State,  or  anv  of  them,  mentioned  in  Section  2 
of  this  Article,  the  Question  whether  the  manufacture  and  sale  of 
intoxicating  liquors  shall  l)e  licensed  or  prohibited  within  the  limits 
thereof;  and  in  every  district  in  which  there  is  a  majority  against 
license,  no  person,  firm  or  corporaticm  shall  thereafter  manuiacture  or 
sell  spirituous,  vinous  or  malt  liquors,  except  for  medicinal  or  sacra- 
mental purposes,  within  said  district,  until  at  a  subsequent  submis- 
sion of  such  question  a  majority  of  votes  shall  l>e  cast  in  said  district 
for  license.  >\lienever  a  majority  of  all  the  members  elected  to  each 
House  of  the  General  Assembly  by  the  qualified  electors  in  any  dis- 
trict named  in  Section  2  of  this  Article  shall  request  the  submission  of 
the  question  of  license  or  no  license  to  a  vote  of  the  qualified  electors 
in  said  district,  the  General  Assembly  shall  provide  for  the  submis- 
sion of  such  question  to  the  qualified  electors  in  such  district  at  the 
next  general  election  thereafter. 

Section  2.  Under  the  provisions  of  this  Article,  Sussex  County 
shall  comprise  one  district,  Kent  County  one  district,  the  City  of 
Wilmington,  as  its  corporate  limits  now  are  or  may  hereafter  be 
extended,  one  district,  and  the  remaining  part  of  New  Castle  County 
one  district. 

Section  3.  The  General  Assembly  shall  provide  necessary  laws  to 
carry  out  and  enforce  the  provisions  of  this  Article  enact  laws  govern- 
ing the  manufacture  and  sale  of  intoxicating  liquors  under  the  limita- 
tions of  this  Article,  and  provide  such  p)enalties  as  may  be  neccessary 
to  enforce  the  same. 

Article  XIV 

OATH   OF   OFFICE 

Members  of  the  General  Assemblv  and  all  public  officers  executive 
and  judicial,  except  such  inferior  officers  as  shall  be  by  law  exempted, 
shall,  before  they  enter  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitu- 
tion of  the  United  States,  and  the  Constitution  of  the  State  of  Dele- 
ware,  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of 

,  according  to  the  best  of  my  ability  " ;  and  all  such 

officers,  except  as  aforesaid,  who  shall  have  been  chosen  at  any  elec- 
tion, shall,  oefore  they  enter  upon  the  duties  of  their  respective 
offices,  take,  and  subscribe  the  oath  or  affirmation  above  prescribed, 
together  with  the  following  addition  thereto,  as  part  thereof: 

"And  I  do  further  solemnly  swear  (or  affirm)  that  I  have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contributed, 
or  offered  or  promised  to  contribute,  any  money  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  office." 

No  other  oath,  declaration  or  test  shall  be  required  as  a  qualifica- 
tion for  any  office  of  public  trust. 


Delaware--1897  '  631 

Article  XV 

MI8CELL.\NEOU8 

Section  1.  The  Chancellor,  Judges  and  Attorney-General  shall  be 
conservators  of  the  peace  throughout  the  State ;  and  the  Sheriffs  and 
Coroners  shall  be  conservators  of  the  peace  within  the  counties  respec- 
tively in  which  they  reside. 

Section  2.  No  public  officer  shall  receive  any  fees  without  giving  to 
the  person  paying  the  same  a  receipt  therefor,  if  required,  therein 
specifying  every  item  and  charge. 

Section  3.  No  costs  shall  be  paid  by  a  person  accused,  on  a  bill 
being  returned  ignoramus,  nor  on  acquittal. 

Section  4.  No  law  shall  extend  the  term  of  any  public  officer  or 
diminish  his  salary  or  emoluments  after  his  election  or  appointment. 

Section  5.  All  public  officers  shall  hold  their  respective  offices  until 
their  successors  shall  be  duly  qualified,  except  in  cases  herein , other- 
wise provided. 

Section  G.  All  public  officers  shall  hold  their  offices  on  condition 
that  they  behave  themselves  well.  The  Governor  shall  remove  from 
office  any  public  officer  convicted  of  misbehavior  in  office  or  of  any 
infamous  crime. 

Section  7.  The  matters  within  Section  30  of  Article  IV  and  Sec- 
tions 7  and  8  of  Article  V  are  excepted  from  the  provision  of  the 
Constitution  that  "  No  person  shall  for  any  indictable  offense  be 
proceeded,  against  criminally  by  information,"  and  also  from"  the 
provisions  of  the  Constitution  concerning  trial  by  jury. 

Section  8.  All  stationer}^,  printing,  pajjer  and  fuel  used  in  the 
legislative  and  other  departments  of  government  shall  be  furnished, 
and  the  printing,  binding  and  distributing  of  the  laws,  journals, 
official  reports,  and  all  other  printing  and  binding,  and  the  repairing 
and  furnishing  the  halls  and  rooms  used  for  the  meetings  of  the 
General  Assembly  and  its  committees,  shall  be  performed'  under  con- 
tract to  be  given  to  the  lowest  responsible  bidder  l^elow  such  maxi- 
mum price  and  under  such  regulations  as  shall  be  prescribed  by  law. 
Such  bids  shall  be  opened  in  the  prasence  of  the  pei^sons  making  the 
bids  or  theii*  representatives. 

No  member  or  officer  of  any  department  of  the  government  shall 
be  in  any  way  interested  in  any  such  contract  when  awarded  to  or  by 
any  such  member,  officer  or  department. 

Section  9.  This  Constitution  shall  be  prefixed  to  every  codification 
of  the  Laws  of  this  State. 

Akticle  XVI 

AMENDMENTS  AND   CONVENTIONS 

Section  1.  Any  amendment  or  amendments  to  the  Constitution 
may  be  proposed  in  the  Senate  or  House  of  Representatives;  and  if 
the  same  shall  be  agreed  to  by  two-thirds  of  all  the  members  elected 
to  each  House,  such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and 
the  Secretary  of  State  shall  cause  such  proposed  amendment  or  amend- 
ments to  be  published  thi-ee  months  before  the  next  general  election 


632  Delaware— 1897 

in  at  least  three  newspapers  in  each  county  in  which  such  newspapers 
shall  1m>  published;  and  if  in  the  (Jeneral  Assembly  next  after  the 
said  election  such  i)rop()sed  amendment  or  ameii(bnents  shall  upon  a 
yea  and  nay  vote  \k'  a«^reed  to  by  two-thirds  of  all  the  meujlK>rs  elected 
to  each  House,  the  same  shall  thereupon  become  part  of  the  Consti- 
tution. 

Section  2.  The  General  Assembly  by  a  two-thirds  vote  of  all  the 
members  elected  to  each  House  may  from  time  to  time  provide  for 
the  submission  to  the  qualified  electors  of  the  State  at  the  general 
election  next  thereafter  the  question,  "  Shall  there  be  a  Convention  to 
revise  the  Constitution  and  amend  the  same?  ";  and  upon  such  sub- 
mission, if  a  majority  of  those  voting  on  said  question  shall  decide  in 
favor  of  a  Convention  for  such  purpose,  the  Cieneral  Assembly  at  its 
next  session  shall  provide  for  the  election  of  delegates  to  such  Con- 
vention at  the  next  general  election.  Such  Convention  shall  be  com- 
posed of  forty-one  delegates,  one  of  whom  shall  be  chosen  from  each 
Representative  District  by  the  qualified  electors  thereof,  and  two  of 
whom  shall  be  chosen  from  >>ew  Castle  County,  two  from  Kent 
County  and  two  from  Sussex  County  by  the  qualified  electors  thereof 
respectivel3\  The  delegates  so  chosen  shall  convene  at  the  Capital 
of  the  State  on  the  first  Tuesday  in  September  next  after  their  elec- 
tion. Every  delegate  shall  receive  for  his  services  such  compensation 
as  shall  be  provided  by  law.  A  majority  of  the  Convention  shall 
constitute  a  quorum  for  the  transaction  of  business.  The  Convention 
shall  have  power  to  appoint  such  officers,  employes  and  assistants  as  it 
ma/  deem  necessary,  and  fix  their  compensation,  and  provide  for  the 
printing  of  its  documents,  journals,  debates  and  proceedings.  The 
Convention  shall  determine  the  rules  of  its  proceedings,  and  be  the 
judge  of  the  elections,  returns  and  qualification  of  its  members. 
Whenever  there  shall  be  a  vacancy  in  the  office  of  delegate  from  any 
district  or  county  by  reason  of  failure  to  elect,  ineligibility,  death, 
resignation  or  otherwise,  a  writ  of  election  to  fill  such  vacancy  shall 
be  issued  by  the  Governor,  and  such  vacancy  shall  be  filled  by  the 
qualified  electors  of  such  district  and  county. 

Section  3.  The  General  Assembly  shall  provide  for  receiving, 
tallying  and  counting  the  votes  for  or  against  a  Convention,  and  for 
returning  to  the  General  Assembly  at  its  next  session  the  State  of 
such  vote;  and  shall  also  enact  all  provisions  necessary  for  giving 
effect  to  this  Article. 

Section  4.  No  bill  or  resolution  passed  by  the  General  Assembly 
under  or  pursuant  to  the  provisions  of  this  Article,  shall  require  for 
its  validity  the  approval  of  the  Governor,  and  the  same  shall  be 
exempt  from  the  provisions  of  Section  18  of  Article  III,  of  this 
Constitution. 

Section  5.  In  voting  at  any  general  election,  upon  the  question, 
"  Shall  there  be  a  Convention  to  revise  the  Constitution  and  amend 
the  same?  ",  the  ballots  shall  1h»  separate  from  those  cast  for  any 
person  voted  for  at  such  election,  and  shall  be  kept  distinct  and  apart 
from  all  other  ballots. 


Delaware— 1897  633 

Schedule 

That  no  inconvenience  may  arise  from  the  amendments  of  the  Con- 
stitution of  this  State,  and  in  order  to  carry  the  same  into  complete 
operation,  it  is  hereby  declared  and  ordained  as  follows : 

Section  1.  The  President  of  this  Convention,  immediately  on  its 
adjournment,  shall  deliver  the  enrolled  copy  of  this  amended  Consti- 
tution and  Schedule  to  the  Secretary  of  State,  who  shall  file  the  same 
in  his  office,  and  the  Secretary  of  this  Convention  shall  cause  the  same 
to  be  published  three  times  in  two  newspapers  in  each  county  of  the 
State. 

Section  2.  This  amended  Constitution  shall  take  effect  on  the  tenth 
day  of  June  in  the  year  one  thousand  eight  hundred  and  ninety-seven. 

Section  3.  The  offices  of  the  present  Senators  and  Representatives 
shall  not  be  vacated  or  otherwise  affected  by  this  amended  Constitu- 
tion, except  that  the  Senators  whose  terms  do  not  expire  on  the  day  of 
the  next  general  election  shall  thereafter  represent  the  districts  in 
which  they  now  reside  until  the  end  of  the  terms  for  which  they  wer^ 
elected. 

At  the  general  election  to  be  held  in  the  year  one  thousand  eight 
hundred  and  ninety-eight,  there  shall  be  elected  from  each  of  the  even 
numbered  Senatorial  Districts  in  the  State,  except  district  number 
two  in  New  Castle  County,  District  number  four  in  Kent  County,  and 
District  number  two  in  Sussex  County,  a  Senator  for  the  term  of  two 
years,  and  from  each  of  the  odd  numbered  Senatorial  Districts  in  the 
State  a  Senator  for  the  term  of  four  years. 

And  thereafter,  as  the  said  terms  shall  from  time  to  time  expire,  a 
Senator  shall  be  elected  from  each  of  the  said  Senatorial  Districts  for 
the  full  term  of  four  years. 

At  the  general  election  to  be  held  in  the  year  one  thousand  eight 
hundred  and  ninety-eight,  there  shall  be  elected  in  each  Representa- 
tive District  in  the  State  one  Representative  for  the  term  of  two 
years. 

Section  4.  The  terms  of  Senators  and  Representatives  shall  begin 
on  the  day  next  after  their  election. 

Section  5.  The  first  general  election  under  this  amended  Constitu- 
tion shall  be  held  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  of  November  in  the  year  one  thousand  eight  hundred  and 
ninety-eight.    . 

Section  6.  The  term  of  office  of  the  present  Governor  shall  not  be 
vacated,  or  in  any  wise  affected  by  this  amended  Constitution. 

Section  7.  Unless  otherwise  provided  by  this  amended  Constitu- 
tion or  Schedule,  all  persons  elected  or  appointed  before  this  amended 
Constitution  shall  take  effect,  to  State  or  county  offices  made  elective 
by  this  amended  Constitution,  whose  terms  will  expire  before  the  first 
Tuesday  in  January  in  the  year  one  thousand  eight  hundred  and 
ninety-nine,  shall  hold  their  respective  offices  until  the  said  last  men- 
tioned day ;  and  all  persons  elected  or  appointed  as  aforesaid  to  such 
offices,  whose  terms  will  expire  between  the  said  first  Tuesday  in 
January  in  the  year  one  thousand  eight  hundred  and  ninety-nine  and 
the  first  Tuesday  in  January  in  the  year  one  thousand  nine  hundred 
and  one,  shall  hold  their  respective  offices  until  the  said  last  men- 
tioned day;  and  all  persons  elected  or  appointed  as  aforesaid  to  such 


634  Delaware— 1897 

offices,  whose  terms  will  expire  between  the  said  first  Tuesday  in  Janu- 
ary in  the  year  one  thousand  nine  hundre<l  and  one  and  the  first  Tues- 
day in  January  in  the  year  one  thousand  nine  hundred  and  three, 
shall  hold  their  respective  offices  until  the  said  last  mentioned  day; 
and  the  successors  of  such  persons  shall  be  elected  at  the  general  elec- 
tion next  l^efore  the  expiration  of  the  terms  as  hereby  extended;  pro- 
vided, however,  that  the  successors  of  the  present  Auditor  of 
Accounts,  State  Treasurer  and  Insurance  Commissioner  shall  be 
elected  at  the  general  election  next  preceding  the  expiration  of  their 
several  terms  of  office,  and  the  persons  so  elected  shall  enter  upon  the 
duties  of  their  respective  offices  on  the  first  Tuesday  in  January  fol- 
lowing their  election.  The  officers  whose  terms  of  office  are  extended 
by  this  section  shall  renew  their  official  obligations  upon  the  expira- 
tion of  their  present  terms. 

Section  8.  The  terms  of  office  of  all  State  and  County  officers  made 
elective  by  this  amended  Constitution  shall  commence  on  the  first 
Tuesday  in  January  next  after  their  election,  unless  otherwise  pro- 
vided in  this  amended  Constitution  or  Schedule. 

Section  9.  All  the  courts  of  justice  now  existing  shall  continue 
with  their  present  jurisdiction,  and  the  Chancellor  and  judges  shall 
continue  in  office  until  the  tenth  day  of  June  in  the  year  one  thousand 
eight  hundred  and  ninety-seven;  upon  which  day  the  said  courts 
shall  be  abolished,  and  the  offices  of  the  said  Chancellor  and  judges 
shall  expire. 

All  writs  of  error,  and  appeals  and  proceedings  which,  on  the  said 
t?enth  day  of  June  in  the  year  one  thousand  eight  hundred  and  ninety- 
seven  shall  be  depending  in  the  Court  of  Errors  and  Appeals,  and 
all  the  books,  records  and  papers  of  said  court,  shall  be  transferred 
to  the  Supreme  Court  established  by  this  amended  Constitution; 
and  the  said  writs  of  error,  appeals  and  proceedings  shall  be  pro- 
ceeded in  the  said  Supreme  Court  to  final  judgment,  decree  or  other 
determination. 

All  suits,  proceedings,  and  matters  which,  on  the  said  tenth  day  of 
June  in  the  year  one  thousand  eight  hundred  and  ninety-seven,  shall 
be  depending  in  the  Superior  Court,  and  all  books,  records  and 
papers  of  the  said  court,  shall  be  transferred  to  the  Superior  Court 
established  by  this  amended  Constitution,  and  the  said  suits,  proceed- 
ings and  matters  shall  be  proceeded  in  to  final  judgment,  or  deter- 
mination, in  the  said  Superior  Court  established  by  this  amended 
Constitution. 

All  indictments,  proceedings  and  matters  which,  on  the  said  tenth 
day  of  June  in  the  year  one  thousand  eight  hundred  and  ninety-seven, 
shall  be  depending  in  the  Court  of  General  Sessions  of  the  Peace  and 
Jail  Delivery,  shall  be  transferred  to  and  proceeded  in  to  final  judg- 
ment and  determination  in  the  Court  of  General  Sessions  established 
by  this  amended  Constitution,  or  be  otherwise  disposed  of  bv  the 
Court  of  General  Sessions,  and  all  books,  records  and  papers  ol  said 
Court  of  General  Sessions  of  the  Peace  and  Jail  Delivery  shall  be 
transferred  to  the  said  Court  of  General  Sessions. 

All  indictments,  proceedings  and  matters  which,  on  the  said  tenth 
day  of  June  in  the  year  one  thousand  eight  hundred  and  ninety-seven, 
shall  be  depending  in  the  Court  of  Oyer  and  Terminer,  shall  be  trans- 
ferred to  and  proceeded  in  to  final  judgment  and  determination  in  the 


Delaware— 1897  635 

Court  of  Oyer  and  Terminer,  established  by  this  amended  Consti- 
tution, and  all  books,  records  and  papers  of  said  Court  of  Oyer  and 
Terminer  shall  be  transferred  to  said  Court  of  Oyer  and  Terminer 
established  by  this  amended  Constitution. 

All  suits,  proceedings  and  matters  which,  on  the  said  tenth  day  of 
June  in  the  year  one  thousand  eight  hundred  and  ninety-seven,  shall 
be  depending  in  the  Court  of  Chancery,  or  in  the  Orphans'  Court, 
and  all  records,  books  and  papers  of  said  courts  respectively,  shall  be 
transferred  to  Court  of  Chancery  or  Orphans'  Court  respectively, 
established  by  this  amended  Constitution ;  and  the  suits,  proceedings 
and  matters,  shall  be  proceeded  in  to  final  decree,  order  or  other 
determination. 

Section  10.  Unless  otherwise  provided,  the  Registers'  Courts  and 
the  jurisdiction  of  Justice  of  the  Peace  shall  not  be  affected  by  this 
amended  Constitution. 

Section  11.  If  the  Chancellor,  Chief  Justice,  or  any  Associate 
Judge  in  office  at  the  time  this  amended  Constitution  shall  take  effect 
shall  not  be  appointed  Chancellor,  Chief  Justice  or  Associate  Judge 
under  this  amended  Constitution,  he  shall  be  entitled  to  receive  the 
sum  of  fifteen  hundred  dollars  per  annum,  payable  quarterly,  for  five 
years,  after  the  expiration  of  his  office,  if  he  shall  so  long  live. 

Section  12.  The  first  biennial  session  of  the  General  Assembly 
under  this  amended  Constitution  shall  commence  on  the  first  Tuesday 
in  January  in  the  year  one  thousand  eight  hundred  and  ninety-nine. 

Section  13.  The  provisions  of  Section  15  of  Article  11  of  this 
amended  Constitution  limiting  the  amount  of  the  compensation  of 
the  members  of  the  General  Assembly  and  the  presiding  officers  of  the 
respective  Houses  shall  not  apply  to  any  adjourned,  special  or  extra 
session  of  the  General  Assembly  held  prior  to  the  first  Tuesday  in 
January  in  the  year  one  thousand  eight  hundred  and  ninety-nine. 

Section  14.  Until  the  General  Assembly  shall  enact  a  general 
incorporation  law  as  provided  for  in  Section  1  of  Article  IX  of  this 
amended  Constitution,  existing  corporations  may  be  renewed  for  a 
period  not  exceeding  four  years,  without  change  or  enlargement  of 
their  corporate  powers  or  duties,  in  the  manner  lawful  before  this 
amended  Constitution  shall  take  effect. 

Section  15.  Until  the  General  Assembly  shall  otherwise  provide, 
guardians'  accounts  shall  be  filed  with  and  be  adjusted  and  settled 
by  the  Register  of  Wills  for  the  county,  and  be  subject  to  exception, 
hearing,  adjustment  and  settlement  in  the  Orphans'  Court  for  the 
county  as  before  this  amended  Constitution  took  effect. 

Section  16.  Unless  otherwise  provided  by  this  amended  Constitu- 
tion or  Schedule,  the  terms  of  persons  holding  public  offices  to  which 
thej^  have  been  elected  or  appointed  at  the  time  this  amended  Consti- 
tution and  Schedule  shall  take  effect,  shall  not  be  vacated  or  otherwise 
affected  thereby. 

Section  17.  One  or  more  vacancies  in  the  Board  of  Pardons  shall 
not  invalidate  any  act  of  the  remaining  members  of  said  Board  not 
less  than  three  in  number. 

Section  18.  All  the  laws  of  this  State  existing  at  the  time  this  Con- 
stitution shall  take  effect,  and  not  inconsistent  with  it,  shall  remain  in 
force,  except  so  far  as  they  shall  be  altered  by  future  laws. 

Section  19.  The  General  Assembly,  as  soon  as  conveniently  may" be 


636  Delaware— 1897 

after  this  Constitution  shall  take  effect,  shall  enact  all  laws  necessary 
or  proper  for  carrying  out  the  proWsions  thereof. 

Done  in  convention,  the  fourth  day  of  June  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  ninety-seven  and  of  the  Independ- 
ence of  the  United  States  of  America  the  one  htindred  and  twenty- 
first. 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names. 
John  Biggs,  President.  Edward  G.  Bradford,  Charles  B. 
Evans,  George  H.  Murray,  Martin  B.  Burris,  James  B. 
Gilchrist,  William  P.  Orr,  Jr.,  William  A.  Cannon,  Rob- 
ert G.  Harman,  Nathan  Pratt,  Paris  T.  Carlisle,  Jr., 
Edward  D.  Hearne,  Charles  F.  Richards,  Wilson  T.  Cav- 
ender,  Andrew  J.  Horsey,  Lowder  L.  Sapp,  David  S. 
Clark,  John  W.  Hering,  AVilliam  Saulsbury,  J.  Wilkins 
Cooch,  Andrew  L.  Johnson,  William  T.  Smi'thers,  Ezekiel 
W.  Cooper,  Woodburn  Martin,  W.  C.  Spruance,  Robert  W. 
Dasey,  Elias  N.  Moore,  Isaac  K.  Wright,  Joshua  A.  EUe- 
good. 

Attest :  Charles  R.  Jones,  Secretary  of  C.  C. 

N.  B. — John  P.  Donoho,  a  member  of  the  Convention  from  New  Castle  County, 
refused  to  sign. 


DISTRICT  OF  COLUMBIA'' 

ACT  FIXING  THE  SEAT  OF  GOVERNMENT— 1790 

[FiBST  CONGBESS,  SECOND  SESSION] 

An  Act  for  establishing  the  temporary  and  permanent  seat  of  tiae  Government  of 

the  United  States 

Section  1.  Be  it  enacted  hy  the  Senoie  and  House  of  Rejrresenta- 
tives  of  the  United  States  of  America  in  Congress  assembled^  That  a 
district  of  territory,  not  exceeding  ten  miles  square,  to  be  located  as 
hereafter  directed  on  the  river  Potomac,  at  some  place  between  the 
mouths  of  the  Eastern  Branch  and  Connogochegue,  be,  and  the  same 
is  hereby  accepted  for  the  permanent  seat  of  the  government  of  the 
United  States.  Provided  nevertheless^  That  the  operation  of  the 
laws  of  the  state  within  such  district  shall  not  be  affected  by  this 
acceptance,  until  the  time  fixed  for  the  removal  of  the  government 
thereto,  and  until  Congress  shall  otherwise  by  law  provide. 

Sec.  2.  And  he  it  further  enacted^  That  the  President  of  the  United 
States  be  authorized  to  appoint,  and  by  supplying  vacancies  happen- 
ing from  refusals  to  act  or  other  causes,  to  keep  in  appointment  as 
long  as  may  be  necessary,  three  commissioners,  who,  or  any  two  of 
whom,  shall,  under  the  direction  of  the  President,  survey,  and  by 
proper  metes  and  bounds  define  and  limit  a  district  of  territory,  under 
the  limitations  above  mentioned ;  and  the  district  so  defined,  limited 
and  located,  shall  be  deemed  the  district  accepted  by  this  act,  for  the 
permanent  seat  of  the  government  of  the  United  States. 

Sec.  3.  And  he  it  {further']  enacted^  That  the  said  commissioners, 
or  any  two  of  them,  shall  have  power  to  purchase  or  accept  such  quan- 
tity of  land  on  the  eastern  side  of  the  said  river,  within  the  said  dis- 
trict, as  the  President  shall  deem  proper  for  the  use  of  the  United 
States,  and  according  to  such  plans  as  the  President  shall  approve, 
the  said  commissioners,  or  any  two  of  them,  shall,  prior  to  the  first 
Monday  in  December,  in  the  year  one  thousand  eight  hundred,  pro- 
vide suitable  buildings  for  the  accommodation  of  Congress,  and  of  the 
President,  and  for  the  public  offices  of  the  government  of  the  United 
States. 

Sec.  4.  And  he  it  [further']^  enacted,  That  for  defraying  the  expense 
of  such  purchases  and  buildmgs,  the  President  of  the  United  States 
be  authorized  and  requested  to  accept  grants  of  money. 

Sec.  5.  And  he  it  \ further']  enacted.,  That  prior  to  the  first  Monday 
in  December  next,  all  offices  attached  to  the  seat  of  the  government  of 

o  The  District  of  Columbia  was  formed  out  of  territory  ceded  by  the  States  of 
Virginia  and  Maryland ;  the  land  on  the  Virginia  side  of  the  Potomac  was  retro- 
ceded  to  that  State  by  the  act  of  Congress  of  July  9,  1846.  Authority  was  given 
to  the  Commissioners  by  the  act  of  March  3,  1791,  to  locate  the  district  beyond 
the  limits  specified  in  the  act  of  July  16,  1790. 

7251— VOL  1—07 43  637 


638  District  of  Columbia— 1801 

the  United  States,  shall  be  removed  to,  and  until  the  said  first  Monday 
in  December,  in  the  year  one  thousand  eight  hundred,  shall  remain 
at  the  city  of  Philadelphia,  in  the  state  of  Pennsylvania,  at  which 
place  the  session  of  Congress  next  ensuing  the  present  shall  be  held. 

Sec.  6.  And  he  it  [further']  enacted,  That  on  the  said  first  Monday 
in  December,  in  the  year  one  thousand  eight  hundred,  the  seat  of  the 

f;overnment  of  the  United  States  shall,  by  virtue  of  this  act,  be  trans- 
erred  to  the  district  and  place  aforesaid.  And  all  offices  attached 
to  the  said  seat  of  government,  shall  accordingly  be  removed  thereto 
by  their  respective  holders,  and  shall,  after  the  said  day,  cease  to  be 
exercised  elsewhere ;  and  that  the  necessary  expense  of  such  removal 
shall  be  defrayed  out  of  the  duties  on  imposts  and  tonnage,  of  which 
a  sufficient  sum  is  hereby  appropriated. 
Approved,  July  16, 1790. 


GOVERNMENT  OF  THE  DISTRICT  OF  COLUMBIA— 1801  a 

[Sixth  Congress,  Second  Session] 

An  Act  concerning  the  District  of  Columbia 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assembled,  That 
the  laws  of  the  state  of  Virginia,  as  they  now  exist,  shall  be  and  con- 
tinue in  force  in  that  part  of  the  District  of  Columbia,  which  was 
ceded  by  the  said  state  to  the  United  States,  and  by  them  accepted 
for  the  i^ermanent  seat  of  government ;  and  that  the  laws  of  the  state 
of  Maryland,  as  they  now  exist,  shall  be  and  continue  in  force  in 
that  part  of  the  said  district,  which  was  ceded  by  that  state  to  the 
United  States,  and  by  them  accepted  as  aforesaid. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  district  of 
Columbia  shall  be  formed  into  tw^o  counties;  one  county  shall  con- 
tain all  that  part  of  said  district,  which  lies  on  the  east  side  of  the 
river  Potomac,  together  with  the  islands  therein,  and  shall  be  called 
the  county  of  Washington;  the  other  county  shall  contain  all  that 
part  of  said  district,  which  lies  on  the  west  side  of  said  river,  and 

a  For  other  statutes  of  an  organic  nature  relating  to  the  District  of  Columbia 
subsequent  to  1801  see  an  act  to  amend  act  of  1801,  March  3,  1801 ;  to  define 
jurisdiction  of  circuit  courts  in,  and  to  organize  militia.  May,  3,  1802;  to 
regulate  the  courts  in,  April  21,  1806.  February  24.  1807,  March  3,  1807,  to 
punish  crimes  in.  March  2,  1831 ;  to  retrocede  County  of  Alexandria,  District 
of  Columbia,  to  Virginia,  July  9,  184C;  to  abolish  slave  trade  in,  September  20, 
1850 ;  to  create  a  metropolitan  police-district,  August  6,  1861 ;  to  abolish  slavery 
in.  April  16,  1862;  to  fix  qualification  of  voters  in.  May  20,  1862;  to  provide  for 
revising  and  codifying  the  laws  of  the  District,  May  20,  1862;  to  provide  further 
regulations  respecting  freedom  of  slaves,  July  12,  1862;  to  reorganize  the  courts 
in.  March  .3.  1863;  to  define  powers  and  duties  of  levy  court,  March  3,  1863; 
to  permit  grants  and  devises  of  real  property  to  religious  societies,  July  25, 
1866 ;  to  extend  elective  franchise  in,  January  8,  1867 ;  to  punish  illegal  voting, 
February  5,  1867 :  to  provide  a  government  for,  including  a  governor  and  a 
bicameral  legislative  assembly.  February  21.  1871 ;  to  provide  for  vesting  the 
governor's  ix>wers  in  a  board  of  commissioners.  June  20,  1874 ;  to  levy  and 
collect  a  tax  on  land  in  the  District,  March  3.  1877 :  to  authorize  commissioners 
to  make  police  regulations.  January  26,  1887;  to  reorganize  the  militia,  March 
1,  1889;  to  establish  a  court  of  ai)r>eals.  February  9,  1893;  to  establish  a  code  of 
law  in,  March  3,  1901 :  to  amend  the  code  of  law,  June  30,  1902. 


District  qf  Columbia— 1801  639 

shall  be  called  the  county  of  Alexandria;  and  the  said  river  in  its 
whole  course  through  said  district  shall  be  taken  and  deemed  to  all 
intents  and  purposes  to  be  within  both  of  said  counties. 

Sec.  3.  Be  it  further  enacted,  That  there  shall  be  a  court  in  said 
district,  which  shall  be  called  the  circuit  court  of  the  district  of 
Columbia;  and  the  said  court  and  the  judges  thereof  shall  have  all 
the  powers  by  law  vested  in  the  circuit  courts  and  the  judges  of  the 
circuit  courts  of  the  United  States.  Said  court  shall  consist  of  one 
chief  judge  and  two  assistant  judges  resident  within  said  district,  to 
hold  their  respective  offices  during  good  behaviour ;  any  two  of  whom 
shall  constitute  a  quorum;  and  each  of  the  said  judges  shall,  before 
he  enter  on  his  office,  take  the  oath  or  affirmation  provided  by  law  to 
be  taken  by  the  judges  of  the  circuit  courts  of  the  United  States ;  and 
said  court  shall  have  power  to  appoint  a  clerk  of  the  court  in  each 
of  said  counties,  who  shall  take  the  oath  and  give  a  bond  with 
sureties,  in  the  manner  directed  for  clerks  of  the  district  courts  in 
the  act  to  establish  the  judiciary  of  the  United  States, 

Sec.  4.  Be  it  further  enacted,  That  said  court  shall,  annually,  hold 
four  sessions  in  each  of  said  counties,  to  commence  as  follows,  to  wit : 
for  the  county  of  Washington,  at  the  city  of  Washington,  on  the 
fourth  Mondays  of  March,  June,  September  and  December ;  for  the 
county  of  Alexandria,  at  Alexandria,  on  the  second  Mondays  of  Janu- 
ary, April,  July,  and  the  first  Monday  of  October. 

Sec.  5.  Be  it  further  enacted,  That  said  court  shall  have  cognizance 
of  all  crimes  and  oflfences  committed  within  said  district,  and  of  all 
cases  in  law  and  equity  between  parties,  both  or  either  of  which  shall 
be  resident  or  be  found  within  said  district,  and  also  of  all  actions  or 
suits  of  a  civil  nature  at  common  law  or  in  equity,  in  which  the  United 
States  shall  be  plaintiffs  or  complainants ;  and  of  all  seizures  on  land 
or  water,  and  all  penalties  and  forfeitures  made,  arising  or  accruing 
under  the  laws  of  the  United  States. 

Sec.  6.  Provided,  and  he  it  further  enacted,  That  all  local  actions 
shall  be  commenced  in  their  proper  counties,  and  that  no  action  or  suit 
shall  be  brought  before  said  court,  by  any  original  process  against 
any  person,  who  shall  not  be  an  inhabitant  of,  or  found  within  said 
district,  at  the  time  of  serving  the  writ. 

Sec.  7.  Be  it  further  enacted.  That  there  shall  be  a  marshal  for  the 
said  district,  who  shall  have  the  custody  of  the  gaols  of  said  counties, 
and  be  accountable  for  the  safe  keeping  of  all  prisoners  legally  com- 
mitted therein;  and  he  shall  be  appointed  for  the  same  term,  shall 
take  the  same  oath,  give  a  bond  with  sureties  in  the  same  manner, 
shall  have  generally,  within  said  district,  the  same  powers,  and  per- 
form the  same  duties,  as  is  by  law  directed  and  provided  in  the  case 
of  marshals  of  the  United  States. 

Sec.  8.  Be  it  further  enacted,  That  any  final  judgment,  order  or 
decree  in  said  circuit  court,  wherein  the  matter  in  dispute,  exclusive 
of  costs,  shall  exceed  the  value  of  one  hundred  dollars,  may  be  re- 
examined and  reversed  or  affirmed  in  the  supreme  court  of  the  United 
States,  by  writ  of  error  or  appeal,  (a)  Avhich  shall  be  prosecuted  in 
the  same  manner,  under  the  same  regulations,  and  the  same  proceed- 
ing shall  be  had  therein,  as  is  or  shall  be  provided  in  the  case  of 
writs  of  error  on  judgments,  or  appeals  upon  orders  or  decrees,  ren- 
dered in  the  circuit  court  of  the  United  States. 


640  District  of  Columbia— 1801 

Sec.  9.  Be  it  further  enacted^  That  there  shall  be  appointed  an 
attorney  of  the  United  States  for  said  district,  who  shall  take  the 
oath  and  perform  all  the  duties  required  of  the  district  attorneys  of 
the  United  States;  and  the  said  attorney,  marshal  and  clerks,  shall  be 
entitled  to  receive  for  their  respective  services,  the  same  fees,  per- 
quisites and  emoluments,  which  are  by  law  allowed  respectively  to  the 
attorney,  marshal  and  clerk  of  the  United  States,  for  the  district  of 
Maryland. 

Sec.  10.  Be  it  further  enacted^  That  the  chief  judge,  to  be  ap- 
pointed by  virtue  of  this  act,  shall  receive  an  annual  salary  of  two 
thousand  dollars,  and  the  two  assistant  judges,  of  sixteen  hundred 
dollars  each,  to  be  paid  quarterly,  at  the  treasury  of  the  United 
States.  (») 

Sec.  11.  Be  it  further  enacted,  That  there  shall  be  appointed  in 
and  for  each  of  the  said  counties,  such  number  of  discreet  persons  to 
l)e  justices  of  the  peace,  as  the  President  of  the  United  States  shall 
from  time  to  time  think  expedient,  to  continue  in  office  five  years; 
and  such  justices,  having  taken  an  oath  for  the  faithful  and  impar- 
tial discharge  of  the  duties  of  the  office,  shall,  in  all  matters,  civil 
and  criminal,  and  in  whatever  relates  to  the  conservation  of  the 
peace,  have  all  the  powers  vested  in,  and  shall  perform  all  the  duties 
required  of,  justices  of  the  peace,  as  individual  magistrates,  by  the 
laws  herein  before  continued  in  force  in  those  parts  of  said  district, 
for  which  they  shall  have  been  respectively  appointed;  and  they 
shall  have  cognizance  in  personal  demands  to  the  value  of  twenty 
dollars,  exclusive  of  costs ;  which  sum  they  shall  not  exceed,  any  law 
to  the  contrary  notwithstanding ;  and  they  shall  be  entitled  to  receive 
for  their  services  the  fees  allowed  for  like  services  by  the  laws  herein 
before  adopted  and  continued,  in  the  eastern  part  of  said  district. 

Sec.  12.  And  he  it  further  enacted^  That  there  shall  be  appointed 
in  and  for  each  of  the  said  counties,  a  register  of  wills,  and  a  judge  to 
l)e  called  the  judge  of  the  orphans'  court,  who  shall  each  take  an  oath 
for  the  faithful  and  impartial  discharge  of  the  duties  of  his  office; 
and  shall  have  all  the  powei-s,  perform  all  the  duties,  and  receive  the 
like  fees,  as  are  exercised,  performed,  and  received  by  the  registers 
of  wills  and  judges  of  the  orphans'  court,  within  the  state  of  Mary- 
land; and  appeals  from  the  said  courts  shall  be  to  the  circuit  court  of 
said  district,  who  shall  therein  have  all  the  powers  of  the  chancellor 
of  the  said  state. 

Sec.  13.  And  he  it  further  enacted,  That  in  all  cases  where  judg- 
ments or  decrees  have  been  obtained,  or  hereafter  shall  be  obtained, 
on  suits  now  depending  in  any  of  the  courts  of  the  conmionwealth  of 
Virginia,  or  of  the  state  of  Maryland,  where  the  defendant  resides 
or  has  property  within  the  district  of  Columbia,  it  shall  be  lawful 
for  the  plaintiff  in  such  case  upon  filing  an  exemplification  of  the 
record  and  proceedings  in  such  suits,  with  the  clerk  of  the  court  of 
the  county  where  the  defendant  resides,  or  his  property  may  be 
found,  to  sue  out  writs  of  execution  thereon,  returnable  to  the  said 
court,  which  shall  be  proceeded  on,  in  the  same  manner  as  if  the 
judgment  or  decree  had  originiilly  been  obtained  in  said  court. 

Sec.  14.  And  he  it  further  enacted,.  That  all  actions,  suits,  process, 
pleadings,  and  other  proceedings  of  what  nature  or  kind  soever, 
depending  or  existing  in  the  courts  of  Hustings  for  the  towns  of 


District  of  Columbia— 1878  -  641 

Alexandria  and  Georgetown,  shall  be,  and  hereby  are  continued  over 
to  the  circuit  courts  to  be  holden  by  virtue  of  this  act,  within  the 
district  of  Columbia,  in  manner  following;  that  is  to  say:  all  such 
as  shall  then  be  depending  and  undetermined,  before  the  court  of 
hustings  for  the  town  of  Alexandria,  to  the  next  circuit  court 
hereby  directed  to  be  holden  in  the  town  of  Alexandria ;  and  all  such 
as  shall  then  be  depending  and  undetermined,  before  the  court  of 
hustings  for  (ieorgetown,  to  the  next  circuit  court  hereby  directed 
to  be  holden  in  the  city  of  Washington:  Prooided  nevertheless^  that 
where  the  personal  demand  in  such  cases,  exclusive  of  costs,  does  not 
exceed  the  value  of  twenty  dollars,  the  justices  of  the  peace  within 
their  respective  counties,  shall  have  cognizance  thereof. 

Sec.  15.  And  he  it  further  enacted^  That  all  writs  and  processes 
whatsoever,  which  shall  hereafter  issue  from  the  courts  hereby  estab- 
lished within  the  district,  shall  be  tested  in  the  name  of  the  chief 
judge  of  the  district  of  Columbia. 

Sec.  1().  And  he  it  further  enacted.  That  nothing  in  this  act  con- 
tained shall  in  any  wise  alter,  impeach  or  impair  the  rights,  granted 
by  or  derived  from  the  acts  of  incorporation  of  Alexandria  and 
Georgetown,  or  of  any  other  body  corj^orate  or  politic,  within  the  said 
district,  except  so  far  as  relates  to  the  judicial  powers  of  the  corpora- 
tions of  Georgetown  and  Alexandria. 

Approved,  Februarj"^  27,  1801. 

PERMANENT  GOVERNMENT  FOR  DISTRICT  OF  COLUMBIA— 1878 

[Forty-fifth  Congbess,  Second  Session] 
An  Act  providing  a  iiermanent  form  of  government  for  the  District  of  Colnmbia 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled,  That  all  the  terri- 
tory which  was  ceded  by  the  State  of  Maryland  to  the  Congress  of  the 
United  States  for  the  permanent  seat  of  the  Government  of  the 
United  States  shall  continue  to  be  designated  as  the  District  of 
Columbia.  Said  District  and  the  property  and  persons  that  may  be 
therein  shall  be  subject  to  the  following  provisions  for  the  govern- 
ment of  the  same,  and  also  to  any  existing  laws  applicable  thereto  not 
hereby^  repealed  or  inconsistent  with  the  provisions  of  this  act.  The 
District  of  Columbia  shall  remain  and  continue  a  municipal  corpora- 
tion, as  provided  in  section  two  of  the  Revised  Statutes  relating  to 
said  District,  and  the  Commissioners  herein  provided  for  shall  be 
deemed  and  taken  as  officers  of  such  corporation ;  and  all  laws  now  in 
force  relating  to  the  District  of  Columbia  not  inconsistent  with  the 
provisions  of  this  act  shall  remain  in  full  force  and  eifect. 

Sec.  2.  That  within  twenty  days  after  the  approval  of  this  act  the 
President  of  the  United  States,  by  and  with  the  advice  and  consent 
of  the  Senate,  is  hereby  authorized  to  appoint  two  persons,  who,  with 
an  officer  of  the  Corps  of  Engineers  of  the  United  States  Armj^,  whose 
lineal  rank  shall  be  above  that  of  a  captain,  shall  be  Commissioners 
of  the  District  of  Columbia,  and  who,  from  and  after  July  first, 
eighteen  hundred  and  seventy-eight,  shall  exercise  all  the  powers  and 
authority  now  vested  in  the  Commissioners  of  said  District,  except  as 


642  •  District  of  Columbia— 1878 

are  hereinafter  limited  or  provided,  and  shall  be  subject  to  all  restric- 
tions and  limitations  and  duties  which  are  now  imposed  upon  said 
Commissioners.  The  Commissioner,  who  shall  be  an  officer  detailed 
from  time  to  time  from  the  Corps  of  Engineers  by  the  President  for 
this  duty,  shall  not  be  required  to  perform  any  other,  nor  shall  he 
receive  any  other  compensation  than  his  regular  pay  and  allowances 
as  an  officer  of  the  Army.  The  two  persons  appointed  from  civil  life 
shall,  at  the  time  of  their  appointment,  be  citizens  of  the  United 
States,  and  shall  have  been  actual  residents  of  the  District  of  Columbia 
for  three  years  next  before  their  appointment,  and  have,  during  that 
period,  claimed  residence  nowhere  else,  and  one  of  said  three  Commis- 
sioners shall  be  chosen  president  of  the  Board  of  Commissioners  at 
their  first  meeting,  and  annually  and  whenever  a  vacancy  shall  occur 
thereafter;  and  said  Commissioners  shall  each  of  them,  before  enter- 
ing upon  the  discharge  of  his  duties,  take  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States,  and  to  faithfully  dis- 
charge the  duties  imposed  upon  him  by  law ;  and  said  Commissioners 
appointed  from  civil  life  shall  each  receive  for  his  services  a  compen- 
sation at  the  rate  of  five  thousand  dollars  per  annum,  and  shall,  before 
entering  upon  the  duties  of  the  office,  each  give  bond  in  the  sum  of 
fifty  thousand  dollars,  with  surety  as  is  required  by  existing  law. 
The  official  term  of  said  Commissioners  appointed  from  civil  life  shall 
be  three  years,  and  until  their  successors  are  appointed  and  qualified ; 
but  the  first  appointment  shall  be  one  Commissioner  for  one  year  and 
one  for  two  years,  and  at  the  expiration  of  their  respective  terms  their 
successors  shall  be  appointed  for  three  years.  Neither  of  said  Com- 
missioners, nor  any  officer  whatsoever  of  the  District  of  Columbia, 
shall  be  accepted  as  surety  upon  any  bond  required  to  be  given  to  the 
District  of  Columbia ;  nor  shall  any  contractor  be  accepted  as  surety 
for  any  officer  or  other  contractor  in  said  District. 

Sec.  3.  That  as  soon  as  the  Commissioners  appointed  and  detailed 
as  aforesaid  shall  have  taken  and  subscribed  the  oath  or  affirmation 
hereinbefore  required,  all  the  powers,  rights,  duties,  and  privileges 
lawfully  exercised  by,  and  all  property,  estate,  and  effects  now  vested 
by  law  in  the  Commissioners  appointed  under  the  provisions  of  the 
act  of  Congress  approved  June  twentieth,  eighteen  hundred  and 
seventy-four,  shall  be  transferred  to  and  vested  in  and  imposed  upon 
said  Commissioners;  and  the  functions  of  the  Commissioners  so 
appointed  under  the  act  of  June  twentieth,  eighteen  hundred  and 
seventy-four,  shall  cease  and  determine.  And  the  Commissioners 
of  the  District  of  Columbia  shall  have  power,  subject  to  the  limita- 
tions and  provisions  herein  contained,  to  apply  the  taxes  and  other 
revenues  of  said  District  to  the  payment  of  the  current  expenses 
thereof,  to  the  support  of  the  public  schools,  the  fire  department  and 
the  police,  and  for  that  purpose  shall  take  possession  and  supervision 
of  all  the  offices,  books,  papers,  records,  moneys,  credits,  securities, 
assets,  and  accounts  belonging  or  appertaining  to  the  business  or 
interests  of  the  government  of  the  District  of  Columbia,  and  exercise 
the  duties,  powers,  and  authority  aforesaid ;  but  said  Commissioners, 
in  the  exercise  of  such  duties,  powers,  and  authority,  shall  make  no 
contract,  nor  incur  any  obligation  other  than  such  contracts  and 
obli^tions  as  are  hereinafter  provided  for  and  shall  be  approved 
by  Congress.  The  Commissioners  shall  have  power  to  locate  the 
places  where  hacks  shall  stand  and  change  them  as  often  as  the  public 


District  of  Columbia— 1878  •   643 

interests  require.  Any  person  violating  any  orders  lawfully  made 
in  pursuance  of  this  power  shall  be  subject  to  a  fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars,  to  be  recovered  before  any 
justice  of  the  peace  in  an  action  in  the  name  of  the  Commissioners. 
All  taxes  heretofore  lawfully  assessed  and  due,  or  to  become  due, 
shall  be  collected  pursuant  to  law,  except  as  herein  otherwise  pro- 
vided; but  said  Commissioners  shall  have  no  power  to  anticipate 
taxes  by  a  sale  or  hypothecation  of  any  such  taxes  or  evidences 
thereof;  but  they  may  borrow,  for  the  first  fiscal  year  after  this  act 
takes  effect,  in  anticipation  of  collection  of  revenues,  not  to  exceed 
two  hundred  thousand  dollars,  at  a  rate  of  interest  not  exceeding 
five  per  centum  per  annum,  which  shall  be  repaid  out  of  the  revenues 
of  that  year.  And  said  Commissioners  are  hereby  authorized  to 
abolish  any  office,  to  consolidate  two  or  more  offices,  reduce  the  num- 
ber of  employees,  remove  from  office,  and  make  appointments  to  any 
office  under  them  authorized  by  law;  said  Commissioners  shall  have 
power  to  erect,  light  and  maintain  lamp-posts,  with  lamps,  outside 
of  the  city  limits,  when,  in  their  judgment,  it  shall  be  deemed  proper 
or  necessary:  Provided^  That  nothing  in  this  act  contained  shall  be 
construed  to  abate  in  any  wise  or  interfere  with  any  suit  pending  in 
favor  of  or  against  the  District  of  Columbia  or  the  Commissioners 
thereof,  or  affect  any  right,  penalty,  forfeiture,  or  cause  of  action 
existing  in  favor  of  said  District  or  Commissioners,  or  any  citizen 
of  the  District  of  Columbia,  or  any  other  person,  but  the  same  may  be 
commenced,  proceeded  for,  or  prosecuted  to  final  judgment,  and  the 
corporation  shall  be  bound  thereby  as  if  the  suit  had  been  originally 
commenced  for  or  against  said  corporation.  The  said  Commissioners 
shall  submit  to  the  Secretary  of  the  Treasury  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  seventy-nine,  and  annu- 
ally thereafter,  for  his  examination  and  approval,  a  statement  showing 
in  detail  the  work  proposed  to  be  undertaken  by  them  during  the 
fiscal  year  next  ensuing,  and  the  estimated  cost  thereof;  also  the 
cost  or  constructing,  repairing,  and  maintaining  all  bridges  author- 
ized by  law  across  the  Potomac  River  within  the  District  of  Columbia, 
and  also  all  other  streams  in  said  District;  the  cost  of  maintaining 
all  public  institutions  of  charity,  reformatories,  and  prisons  belong- 
ing to  or  controlled  wholly  or  in  part  by  the  District  of  Columbia, 
and  which  are  now  by  law  supported  wholly  or  in  part  by  the  United 
States  or  District  of  Columbia;  and  also  the  expenses  of  the  Wash- 
ington Aqueduct  and  its  appurtenances;  and  also  an  itemized  state- 
ment and  estimate  of  the  amount  necessary  to  defray  the  expenses  of 
the  government  of  the  District  of  Columbia  for  the  next  fiscal  year : 
Provided^  That  nothing  herein  contained  shall  be  construed  as  trans- 
ferring from  the  United  States  authorities  any  of  the  public  works 
within  the  District  of  Columbia  now  in  the  control  or  supervision  of 
said  authorities.  The  Secretary  of  the  Treasury  shall  carefully  con- 
sider all  estimates  submitted  to  him  as  above  provided,  and  shall 
approve,  disapprove,  or  suggest  such  changes  in  the  same,  or  any  item 
thereof,  as  he  may  think  the  public  interest  demands;  and  after  he 
shall  have  considered  and  passed  upon  such  estimates  submitted  to 
him,  he  shall  cause  to  be  made  a  statement  of  the  amount  approved 
by  him  and  the  fund  or  purpose  to  which  each  item  belongs,  which 
statement  shall  be  certified  by  him,  and  delivered,  together  with  the 
estimates  as  originally  submitted,  to  the  Commissioners  of  the  District 


644  District  of  Columbia— 1878 

of  Columbia,  who  shall  transmit  the  same  to  Congress.  To  the  extent 
to  which  Congress  shall  approve  of  said  estimates,  Congi-ess  shall 
appropriate  the  amount  of  fifty  I^er  centum  thereof;  and  the  remain- 
ing fittv  jjer  centum  of  such  approved  estimates  shall  be  levied  and 
assessed  upon  the  taxable  proj^erty  and  privileges  in  said  District 
other  than  the  property  of  the  United  States  and  of  the  District  of 
Columbia;  and  all  proceedings  in  the  assessing,  equalizing  and 
levying  of  said  taxes,  the  collection  thereof,  the  listing  return  and 
penalty  for  taxes  in  arrears,  the  advertising  for  sale  and  the  sale  of 
property  for  delinquent  taxes,  the  redemption  thereof,  the  proceed- 
mgs  to  enforce  the  lien  upon  unredeemed  jjroperty,  and  every  other 
act  and  thing  now  required  to  be  done  in  the  premises,  shall  be  done 
and  performed  at  the  times  and  in  the  manner  now  provided  by  law, 
except  in  so  far  as  is  otherwise  provided  by  this  act:  Provided^  That 
the  rate  of  taxation  in  any  one  year  shall  not  exceed  one  dollar  antl 
fifty  cents  on  every  one  hundred  dollars  of  real  estate  not  exempted 
by  law;  and  on  personal  property  not  taxable  elsewhere,  one  dollar 
and  fifty  cents  on  every  one  hundred  dollars,  according  to  the  cash 
valuation  thereof;  And  provided  further^  Upon  real  property  held 
and  used  exclusivelv  for  agricultural  purposes,  without  the  limits  of 
the  cities  of  Washington  and  Georgetown,  and  to  be  so  designated 
by  the  assessors  in  their  annual  returns,  the  rate  for  any  one  year 
shall  not  exceed  one  dollar  on  every  one  hundred  dollars.  The  col- 
lector of  taxes,  upon  the  receipt  of  the  duplicate  of  assessment,  shall 
give  notice  for  one  week,  in  one  newspaper  published  in  the  city  of 
Washington,  that  he  is  ready  to  receive  taxes;  and  any  person  who 
shall,  within  thirty  days  after  such  notice  given,  pay  the  taxes 
assessed  against  him,  shall  be  allowed  by  the  collector  a  deduction  of 
five  per  centum  on  the  amount  of  his  tax;  all  penalties  imposed  by 
the  act  approved  March  third,  eighteen  hundred  and  seventy-seven, 
chapter  one  hundred  and  seventeen,  upon  delinquents  for  default  in 
the  payment  of  taxes  levied  under  said  act,  at  the  times  specified 
therein,  shall,  upon  payment  of  the  said  taxes  assessed  against  such 
delinquent  within  three  months  from  the  passage  of  this  act,  with 
interest  at  the  rate  of  six  per  cent,  thereon,  be  remitted. 

Sec.  4.  That  the  said  Commissioners  may,  by  general  regulations 
consistent  with  the  act  of  Congress  of  March  third,  eighteen  hundred 
and  seventy-seven,  entitled  ''An  act'for  the  support  of  the  government 
of  the  District  of  Columbia  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  seventy-eight,  and  for  other  purposes,"  or  with 
other  existing  laws,  prescribe  the  time  or  times  for  the  payment  of  all 
taxes  and  the  duties  of  assessors  and  collectors  in.  relation  thereto. 
All  taxes  collected  shall  be  paid  into  the  Treasury  of  the  United 
States,  and  the  same,  as  well  as  the  appropriations  to  be  made  by  Con- 
gress as  aforesaid,  shall  be  disbursed  for  the  expenses  of  said  District, 
on  itemized  vouchers,  which  shall  have  been  audited  and  approved  by 
the  auditor  of  the  District  of  Columbia,  certified  by  said  Commis- 
sioners, or  a  majority  of  them;  and  the  accounts  of, said  Commission- 
ers, and  the  tax  collectors,  and  all  other  officers  required  to  account, 
shall  be  settled  and  adjusted  by  the  accounting  officers  of  the  Treas- 
ury Department  of  the  United  States,  Hereafter  the  Secretary  of 
the  Treasury  shall  pay  the  interest  on  the  three-sixty-five  bonds  of  the 


District  of  Columbia— 1878  645 

District  of  Columbia  issued  in  pursuance  of  the  act  of  Congress 
approved  June  twentieth,  eighteen  hundred  and  seventy-four,  when 
the  same  shall  become  due  and  payable;  and  all  amounts  so  paid  shall 
be  credited  as  a  part  of  the  appropriation  for  the  year  by  the  United 
States  toward  the  expenses  or  the  District  of  Columbia,  as  herein- 
before provided : 

Sec.  5.  That  hereafter  when  any  repairs  of  streets,  avenues,  alleys, 
or  sewers  within  the  District  of  Columbia  are  to  be  made,  or  when 
new  pavements  are  to  be  substituted  in  place  of  those  worn  out,  new 
ones  laid,  or  new  streets  opened,  sewers  built,  or  any  works  the  total 
cost  of  which  shall  exceed  the  sum  of  one  thousand  dollars,  notice 
shall  be  given  in  one  newspaper  in  Washington,  and  if  the  total  cost 
shall  exceed  five  thousand  dollars,  then  in  one  new^spaper  in  each  of 
the  cities  of  New  York,  Pliiladelphia,  and  Baltimore,  also  for  one 
week,  for  proposals,  with  full  specifications  as  to  material  for  the 
whole  or  any  portion  of  the  works  proposed  to  be  done;  and  the 
lowest  responsible  proposal  for  the  kind  and  character  of  pavement 
or  other  work  which  the  (commissioners  shall  determine  upon  shall 
in  all  cases  be  accepted:  Provided,  hoivere?',  That  the  Commissioners 
shall  have  the  right,  in  their  discretion,  to  reject  all  of  such  pro- 
posals: Prootded,  That  work  capable  of  being  executed  under  a  single 
contract  shall  not  be  subdivided  so  as  to  reduce  the  sum  of  money  to 
be  paid  therefor  to  less  than  one  thousand  dollars.  All  contracts  for 
the  construction,  improvement,  alteration,  or  repairs  of  the  streets, 
avenues,  highways,  alleys,  gutters,  sewers,  and  all  work  of  like  nature 
shall  be  made  and  entered  into  only  by  and  with  the  official  unani- 
mous consent  of  the  Commissioners  of  the  District,  and  all  contracts 
shall  be  copied  into  a  book  kept  for  that  purpose  and  be  signed  by 
the  said  Conmiissioners,  and  no  contract  involving  an  expenditure  of 
more  than  one  hundred  dollars  shall  be  valid  until  recorded  and 
signed  as  aforesaid.  No  pavement  shall  be  accepted  nor  any  pave- 
ments laid  except  that  of  the  best  material  of  its  kind  known  for 
that  purpose,  laid  in  the  most  substantial  manner;  and  good  and 
sufficient  bonds  to  the  United  States,  in  a  penal  sum  not  less  than 
the  amount  of  the  contract,  Avith  sureties  to  be  approA^ed  by  the  Com- 
missioners of  District  of  Columbia,  shall  be  required  from  all  con- 
tractors, guaranteeing  that  the  terms  of  their  contract  shall  be  strictly 
and  faithfully  performed  to  the  satisfaction  of  and  acceptance  by  said 
Commissioners;  and  that  the  contractors  shall  keep  new  pavements 
or  other  new  w^orks  in  repair  for  a  term  of  five  years  from  the  date  of 
the  completion  of  their  contracts;  and  ten  per  centum  of  thei  cost  of 
all  new  works  shall  be  retained  as  an  additional  security  and  a  guar- 
antee fund  to  keep  the  same  in  repair  for  said  term,  which  said  per 
centum  shall  be  invested  in  registered  bonds  of  the  United  States  or 
of  the  District  of  Columbia  and  the  interest  thereon  paid  to  said  con- 
tractors. The  cost  of  laying  down  said  pavement,  sewers,  and  other 
w^orks,  or  of  repairing  the  same,  shall  be  paid  for  in  the  following 
proportions  and  maimer,  to  wit :  ^^^len  any  street  or  avenue  through 
Avhich  a  street  railway  runs  shall  be  paved,  such  railway  company 
shall  bear  all  of  the  expense  for  that  portion  of  the  work  lying 
between  the  exterior  rails  of  the  tracks  of  such  roads,  and  for  a  dis- 
tance of  two  feet  from  and  exterior  to  such  track  or  tracks  on  each 


646  District  cf  Columbia— 1878 

side  thereof,  and  of  keeping  the" same  in  repair;  but  the  said  railway 
companies,  having  conformed  to  the  grades  established  by  the  Com- 
missioners, may  use  such  cobblestone  or  Belgian  blocks  for  paving 
their  tracks,  or  the  space  between  their  tracks,  as  th(;  Commissioners 
may  direct;  the  United  States  shall  pay  one-half  of  the  cost  of  all 
work  done  under  the  provisions  of  this  section,  except  that  done  l)y 
the  railway  companies,  which  payment  shall  be  credited  as  part  of 
the  fifty  per  centum  which  the  United  States  contributes  toward  the 
expenses  of  the  District  of  Columbia  for  that  year ;  and  all  payments 
shall  be  made  by  the  Secretary  of  the  Treasury  on  the  warrant  or 
order  of  the  Commissioners  of  the  District  of  Columbia  or  a  majority 
thereof,  in  such  amounts  and  at  such  times  as  they  may  deem  safe  and 
proper  in  view  of  the  progress  of  the  work:  That  if  any  street  rail- 
way company  shall  neglect  or  refuse  to  perform  the  work  required 
by  this  act,  said  pavement  shall  be  laid  between  the  tracks  and  exte- 
rior thereto  of  such  railway  by  the  District  of  Columbia ;  and  if  such 
company  shall  fail  or  refuse  to  pay  the  sum  due  from  them  in  respect 
of  the  work  done  by  or  under  the  orders  of  the  proper  officials  of 
said  District  in  such  case  of  the  neglect  or  refusal  oi  such  railway 
company  to  perform  the  Avork  required  as  aforesaid,  the  Commis- 
sioners of  the  District  of  Columbia  shall  issue  certificates  of  indebt- 
edness against  the  property,  real  or  personal,  of  such  railway  com- 
pany, which  certificates  shall  bear  interest  at  the  rate  of  ten  per 
centum  per  annum  until  paid,  and  which,  until  they  are  paid,  shall 
remain  and  be  a  lien  upon  the  property  on  or  against  which  they  are 
issued  together  with  the  franchise  of  said  company ;  and  if  the  said 
certificates  are  not  paid  within  one  year,  the  said  Commissioners 
of  the  District  of  Columbia  may  proceed  to  sell  the  property  against 
which  they  are  issued,  or  so  much  thereof  as  may  be  necessary  to 
pay  the  amount  due,  such  sale  to  be  first  duly  advertised  daily  for 
one  week  in  some  newspaper  published  in  the  city  of  Washington, 
and  to  be  at  public  auction  to  the  highest  bidder.  When  street  rail- 
ways cross  any  street  or  avenue,  the  pavement  between  the  tracks 
of  such  railway  shall  conform  to  the  pavement  used  upon  such  street 
or  avenue,  and  the  companies  owning  these  intersecting  railroads 
shall  pay  for  such  pavements  in  the  same  manner  and  proportion  as 
required  of  other  railway  companies  under  the  provisions  of  this  sec- 
tion. It  shall  be  the  duty  or  the  Commissioners  of  the  District  of 
Columbia  to  see  that  all  water  and  gas  mains,  service  pipes,  and  sewer 
connections  are  laid  upon  any  street  or  avenue  proposed  to  be  paved 
or  otherwise  improved  before  any  such  pavement  or  other  permanent 
works  are  put  down ;  and  the  Washington  Gas-Light  Company,  under 
the  direction  of  said  Commissioners,  shall,  at  its  own  expense  take  up, 
lay,  and  replace  all  gas  mains  on  any  street  or  avenue  to  be  paved, 
at  such  time  and  place  as  said  Commissioners  shall  direct.  The  Pres- 
ident of  the  United  States  may  detail  from  the  Engineer  Corps  of 
the  Army  not  more  than  two  officers,  of  rank  subordinate  to  that  of 
the  Engineer  Officer  belonging  to  the  Board  of  Commissioners  of  said 
District  to  act  as  assistants  to  said  Engineer  Commissioner,  in  the 
discharge  of  the  special  duties  imposed  upon  him  by  the  provisions  of 
this  act. 

Sec.  6.  That  from  and  after  the  first  day  of  July,  eighteen  hundred 
and  seventy-eight,  the  board  of  metropolitan  police  and  the  board  of 


District  of  Columbia— 1878  647 

school  trustees  shall  be  abolished ;  and  all  the  powers  and  duties  now 
exercised  by  them  shall  be  transferred  to  the  said  Commissioners  of 
the  District  of  Columbia,  who  shall  have  authority  to  employ  such 
officers  and  agents  and  to  adopt  such  provisions  as  may  be  necessary 
to  carry  into  execution  the  powers  and  duties  devolved  upon  them  by 
this  act.  And  the  Commissioners  of  the  District  of  Columbia  shall 
from  time  to  time  appoint  nineteen  persons,  actual  residents  of  said 
District  of  Columbia,  to  constitute  the  trustees  of  public  schools  of 
said  District,  who  shall  serve  without  compensation  and  for  such 
terms  as  said  Commissioners  shall  fix.  Said  trustees  shall  have  the 
powers  and  perform  the  duties  in  relation  to  the  care  and  manage- 
ment of  the  public  schools  which  are  now  authorized  by  law. 

Sec.  7.  That  the  offices  of  sinking-fund  commissioners  are  hereby 
abolished ;  and  all  duties  and  powers  possessed  by  said  commissioners 
are  transferred  to,  and  shall  be  exercised  by,  the  Treasurer  of  the 
United  States,  who  shall  perform  the  same  in  accordance  with  the 
provisions  of  existing  laws. 

Sec.  8.  That  in  lieu  of  the  board  of  health  now  authorized  by  law, 
the  Commissioners  of  the  District  of  Columbia  shall  appoint  a  physi- 
cian as  health  officer,  whose  duty  it  shall  be,  under  the  direction  of  the 
said  Commissioners,  to  execute  and  enforce  all  laws  and  regulations 
relating  to  the  public  health  and  vital  statistics,  and  to  perform  all 
such  duties  as  may  be  assigned  to  him  by  said  Commissioners;  and 
the  board  of  health  now  existing  shall,  from  the  date  of  the  appoint- 
ment of  said  health  officer,  be  abolished. 

Sec.  9.  That  there  may  be  appointed  by  the  Commissioners  of  the 
District  of  Columbia,  on  the  recommendation  of  the  health  officer,  a 
reasonable  number  of  sanitary  inspectors  for  said  District,  not  exceed- 
ing six,  to  hold  such  appointment  at  any  one  time,  of  whom  two  may 
be  physicians,  and  one  shall  be  a  person  skilled  in  the  matters  of 
drainage  and  ventilation ;  and  said  Commissioners  may  remove  any 
of  the  subordinates,  and  from  time  to  time  may  prescribe  the  duties 
of  each ;  and  said  inspectors  shall  be  respectively  required  to  make,  at 
least  once  in  two  weeks,  a  report  to  said  health  officer,  in  writing, 
of  their  inspections,  which  shall  be  preserved  on  file;  and  said 
health  officer  shall  report  in  writing  annually  to  said  Commissioners 
of  the  District  of  Columbia,  and  so  much  of  tener  as  they  shall  require. 

Sec.  10.  That  the  Commissioners  may  appoint,  on  the  like  recom- 
mendation of  the  health  officer,  a  reasonable  number  of  clerks,  but  no 
greater  number  shall  be  appointed,  and  no  more  persons  shall  be 
employed  under  said  health  officer,  than  the  public  interests  demand 
and  the  appropriation  shall  justify. 

Sec.  11.  That  the  salary  of  the  health  officer  shall  be  three  thousand 
dollars  per  annum;  and  the  salary  of  the  sanitary  inspectors  shall 
not  exceed  the  sum  of  one  thousand  two  hundred  dollars  per  annum 
each ;  and  the  salary  of  the  clerks  and  other  assistants  of  the  health 
officer  shall  not  exceed  in  the  aggregate  the  amount  of  seven  thousand 
dollars,  to  be  apportioned  as  the  Commissioners  of  the  District  of 
Columbia  may  deem  best. 

Sec.  12.  That  it  shall  be  the  duty  of  the  said  Commissioners  to 
report  to  Congress  at  the  next  session  succeeding  their  appointment  a 
draft  of  such  additional  laws  or  amendments  to  existing  laws  as  in 
their  opinion  are  necessary  for  the  harmonious  working  of  the  system 


648  District  of  Columbia— 1878 

hereby  adopted,  and  for  the  effectual  and  proj>er  government  of  the 
District  of  Cohnnbia ;  and  said  Commissioners  slisul  annually  report 
their  official  doings  in  detail  to  Congress  on  or  before  the  first  Mon- 
day of  December. 

OEC.  13.  That  there  shall  be  no  increase  of  the  present  amount  of 
the  total  indebtedness  of  the  District  of  Columbia;  and  any  officer  or 
person  who  shall  knowingly  increase,  or  aid  or  al)et  in  mcreasing, 
such  total  indebtedness,  except  to  the  amount  of  the  two  hundred 
thousand  dollars,  as  authorized  by  this  act,  shall  l)e  deemed  guilty  of 
a  high  misdemeanor,  and,  on  conviction  thereof,  shall  be  punished  by 
imprisonment  not  exceeding  ten  years,  and  by  fine  not  exceeding  ten 
thousand  dollars. 

Sec.  14.  That  the  term  "  school  houses  "  in  the  act  of  June  seven- 
teenth, eighteen  hundred  and  seventy,  chapter  thirty,  was  intended 
to  embrace  all  collegiate  establishments  actually  used  for  educational 
purposes,  and  not  for  private  gain;  and  that  all  taxes  heretofore 
imposed  upon  such  establishments,  in  the  District  of  Columbia,  since 
the  date  of  said  act  are  hereby  remitted,  and  where  the  same  or  any 
part  thereof  has  been  paid,  the  sum  so  paid  shall  be  refunded.  But 
if  any  portion  of  any  said  building,  house,  or  grounds  in  terms 
excepted  is  used  to  secure  a  rent  or  income,  or  for  any  business  pur- 
pose, such  portion  of  the  same,  or  a  sum  equal  in  value  to  such  por- 
tion, shall  he  taxed. 

Sec.  15.  That  all  laws  inconsistent  with  the  provisions  of  this  act 
be,  and  the  same  are  hereby,  repealed. 

Approved  June  11,  1878. 

o 


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